scholarly journals Functions of law definitions: concept and classification

2020 ◽  
pp. 485-496
Author(s):  
Khomenko O
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Special Functions ◽  
Regulatory Function ◽  
Law And Order ◽  
Dynamic Nature ◽  
Legal Norms ◽  
Positive Law ◽  
Legal Relationship

The article is devoted to an overview of the problems of the functions of law definitions and their variants. It is noted that the functions of law definitions in modern domestic and foreign scientific literature are usually explored through the prism of their legislative variety. The latter is due, among other things, to the fact that the use of the notion «function of law definitions» by some modern scholars is largely formal in nature, because the term «law» merges with the meaning of «legislative» or «positive law». While accepting in general that legal law definitions perform certain functions that are inherent in the whole system of legal definitions, yet they, like any other kind of legal definitions, perform certain specific functions that are not peculiar to others types of law definitions, in particular, doctrinal ones. In this context, it is first and foremost about the regulatory function of legal law definitions, which is one of the varieties of legal norms, in connection with which it is necessary to speak about the necessity or obligation to take it into account when taking legally significant actions. Although the content of a legal law definition does not include an indication of the respective rights and obligations of participants in certain legal relationships, it always contains specific features or circumstances (legal facts) that underlie a legal relationship. Turning to the group of general functions of law definitions, first of all, we note that the main functions within this group, in our opinion, are the following: cognitive (epistemological), modeling, ontological, cultural, communicative, cumulative and axiological functions. The above mentioned functions of law definitions are general or those that in one way or another appear within each of their varieties, in particular, legal (legislative), doctrinal and judicial, and, secondly, the list of general functions of law definitions is not exhaustive, given the complexity of the dynamic nature of modern law reality, the development of which provides the opportunity to talk about other common functions of law definitions (for example, ideological). In addition to general functions, law definitions also have some special functions that appear within their particular variety. In particular, legislative or legal definitions perform such special functions as constituent, regulatory, integrative, law enforcement, and others. Doctrinal law definitions are inherent, in particular, such special functions as prognostic, didactic, heuristic, methodological, etc. Judicial law definitions fulfill, in particular, such important special functions as interpretative, law-concretizing, regulatory-orientational, and so on. As a result of the research, the author draws the following conclusions: 1. The functions of law definitions as a whole phenomena are a sufficiently extensive system of main directions of their influence on public relations and their subjects (participants) in order to ensure socially useful reproduction of such relations within the defined law-and-order. 2. The functions of law definitions are the directions of their influence on the development of social relations in general and legal practice in particular, and in the case of their normative fixing – on the direct behavior and activities of persons in which their nature and purpose are manifested, as well as their role in ensuring a stable functioning law-and-order. 3. The general functions of law definitions, that is those, which in one way or another appear within each of their varieties, are primarily cognitive (epistemological), modeling, ontological, cultural, communicative, cumulative and axiological functions. Special functions of law definitions are manifested within their specific variety and are determined by the specifics of the nature of law science (doctrinal law definitions), positive law (legal law definitions), and law enforcement activities (judicial law definitions).

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk
Keyword(s):  
Law Enforcement ◽  
European Community ◽  
Social Relations ◽  
Effective Interaction ◽  
Important Criterion ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Social ◽  
National Police

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

scholarly journals INSTITUTE OF PUBLIC SERVANTS RESPONSIBILITY IN THE SYSTEM OF SERVICE LAW OF UKRAINE

2021 ◽  
pp. 5-9
Author(s):  
А. Berlach
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Public Service ◽  
Legal System ◽  
Legal Status ◽  
Wide Sense ◽  
Public Servants ◽  
Legal Norms

The article is devoted to the research of the institute of responsibility of public servants in the system of service law of Ukraine. It is emphasized the importance of legal support for the functioning of the public service system, in particular the regulation of the mechanism of responsibility of public servants. It is noted that the institution of responsibility is a mandatory element of the system of every branch of law, including official, because it is this legal entity whose task is to ensure the proper implementation of the legal status of every public servant. Considering the responsibility of public servants from the standpoint of social and legal content, the author emphasizes that the views of scholars on this issue are very different, as they reflect the palette of the worldview of each individual researcher and characterize the various aspects of public relations. In a wide sense, responsibility is a legal relationship between public authorities in the person of its authorized bodies and subjects of law, for the accurate and conscientious implementation of the requirements contained in the relevant rules of law. Analyzing the scientific views of scholars on responsibility, it is emphasized that in general, the liability of public servants should be understood as a procedurally established application of coercive measures of coercive influence on a particular public person for committing an offense. It is stated that the content of the legal nature of the institute of disciplinary responsibility of public servants, in particular in the system of service law of Ukraine, which needs proper research, remains important and extremely necessary for law enforcement and human rights activities of authorized subjects. Based on the analysis of scientific achievements of local and foreign scholars on the legal system, it is emphasized that currently there are different approaches to understanding the systemic structure of legal branches, in particular some scholars remain on the views developed in our time, while others try to adapt European researchers-lawyers on the system of law on modern Ukrainian realities. As a result, the author emphasizes that we can now state that each branch of law, which we call general, special or special law, always contains a list of legal norms in the appropriate relationship and sequence and thus ensuring the ability of the subject of rule-making, law enforcement or human rights activities to achieve the desired result – to create or harmonize existing social relations, giving them the status of legal relations. Keywords: public service, service law, responsibility, legal system, general, special and special part, sanctions.

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 Features of production of separate investigative actions with participation of categories of persons concerning which the special procedure of production on criminal cases is applied

2020 ◽  
pp. 211-216
Author(s):  
Roman Pozdyshev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Special Procedure

The article analyzes the problems associated with the production of investigative actions against special subjects of criminal proceedings. Legal norms, as well as law enforcement acts regulating the studied social relations are considered.

scholarly journals Biopolitical turn in the Law: from the legal and institutional model to the biolaw

2021 ◽  
Vol 1 (2) ◽  
pp. 203-214
Author(s):  
Dmitriy Popov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Human Life ◽  
Management Model ◽  
Natural Order ◽  
Sovereign Power ◽  
Legal Norms ◽  
The Social ◽  
Political Management ◽  
Institutional Model

Relevance. Since the XVIII century, there has been a gradual qualitative transformation of sovereign power in the course of the formation of a biopower based on the regulation of natural processes inherent in the population. At the turn of the XX–XXI centuries, biopolitics as an authoritative organization of the life of the population became the dominant management model. At present, numerous biopolitical tools carry out the construction of the social. Objectives. The purpose of the article is to explicate the process of transformation of the legal and institutional model of regulation of public relations inherent in sovereign power into biolaw as a tool for regulating public relations carried out by biopower. Results. In the course of the study, the process of the formation of biolaw, which arises on the basis of the already established system of legal and political regulation due to its modification by biopolitical means of medicalization, normalization, identification, criminal biopolitics, is considered. As a result of the steady biopolitical intervention in the regulation of the life of the population, the lex-law as a system of legal norms expands to nomos-law focused on a sample of the natural order, correlative to the constructed norms of human life as a biosocial being. Conclusions. Biopolitics in the process of formation radically transforms the social, including legal relations. Biolaw is a system of flexible tools for regulating social relations, tending to the model of the natural order. Biopolitical regulation is steadily replacing the traditional legal and political management model.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

scholarly journals Modern approach to the history of financial law development in Russia and abroad

2021 ◽  
Vol 16 (4) ◽  
pp. 15-24
Author(s):  
S. G. Eremin
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Modern Approach ◽  
Economic Relations ◽  
Legal Norms ◽  
Logical Method ◽  
Statics And Dynamics ◽  
History Of ◽  
Technical Construction ◽  
Market Relations

Introduction. Based on a modern approach, the article provides an analysis of regulatory legal acts that have influenced the history of financial law development both in Russia and abroad. Financial law in addition is studied as an independent object of scientific interest both in retrospect and in the context of the statics and dynamics of modern scientific knowledge.Materials and methods. The article is based on such techniques as: analysis, synthesis, abstraction, generalization, analogy, and others. The methodological basis of the research includes general scientific and special legal methods: systemstructural, method of dogmatic analysis, method of interpretation of legal norms, method of legal and technical construction, comparative legal, formal legal, logical method, etc.Results. The analysis showed that the formation of financial law, both in Russia and abroad, is related to the emergence of monetary (exchange) operations and the emergence of a state. The sources of financial law that have come down to our days have changed, transformed, and formed new ones. The creation of a new financial system of the state is associated with the implementation of the state’s functions for creating and managing financial resources without delegating the relevant authority to anyone.Discussion and conclusion. The study showed that the formation of financial law as an Autonomous branch of law was predetermined by the emergence and development of such fundamental elements of economic relations as taxes, budget, money, etc. Social relations that were previously regulated by financial law are gaining new features. This is primarily related to the formation of market relations. This fact should be taken into account when developing new rules in future sources of financial law in order to achieve the most effective impact on public relations

scholarly journals Protection of public relations in the field of amber mining in Ukraine: legal aspect

2021 ◽  
pp. 124-128
Author(s):  
Y.A Kholod ◽  
I.M Pogrebnoy ◽  
K.O Chyshko ◽  
D.S Heta ◽  
O.P Shaituro
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Protection Legislation ◽  
Legal Concepts

Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.

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