scholarly journals The principle of reasonableness in law and its functional purpose in the system of principles of law

2020 ◽  
Vol 11 (11) ◽  
pp. 219-223
Author(s):  
Strashinsky B. R.
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Critical Evaluation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Development ◽  
Important Place ◽  
Law System ◽  
Functional Purpose

The problem of the functional purpose of the principles of law as a phenomenon of legal reality is central to the study of the theoretical and legal aspects of the principles of law as a whole. This research is potentially able to fill the gap of scientific knowledge and will facilitate further study of the problems of legal support and the practice of implementing the principles of law as a key means of ensuring human rights and freedoms. An important place in the system of principles of law is the principle of its reasonableness, the role and function of which is derived from the functions of law as a whole. At the same time, the lack of research on the role and functional purpose of the principle of reasonableness, as well as its practical importance in the current context of strengthening legal regulation in Ukraine, requires a significant strengthening of the scientific study of this principle, especially in terms of establishing its role, isolating its functions and their characteristics. Research on the role and functional purpose of the principle of reasonableness of law requires a thorough analysis of the current state of scientific development of these issues, its critical reflection and the development of specific approaches to the characteristics of its functional purpose and role in view of the current processes of transformation of the phenomenon under study. The author analyzes the doctrinal approaches to the characterization of the functional purpose of the principles of law in general and the principle of reasonableness in law in particular. Critical evaluation of the functional purpose of the principle of reasonableness in law is given. Prospects of scientific knowledge of the principle of reasonableness in law are determined. The functional purpose of the principles of law is generalized and the functional purpose of the principle of reasonableness in law as an independent legal phenomenon is specified. The functions of the principle of reasonableness should be understood as the basic directions of influence of ideas of reasoning on law-making, law-interpreting and law-enforcement activities, determined by the essence and social purpose of this principle, with the purpose of ordering them. it is noted that the functions of the principle of reasonableness are characterized in that they are derived from the essence of this principle. The role of the principle of reasonableness in law is established and its functions are classified, which include: stabilization, orientation, ideological, educational, prognostic functions, the function of unification of the practice of applying the rules of law, their content is revealed. Keywords: law principles, functions law principles, principle of reasonableness in law, role of principle of reasonableness in law, system law principles.

scholarly journals Tax lien as a way to ensure the fulfillment of the constitutional obligation to pay taxes and fees

2020 ◽  
pp. 89-92
Author(s):  
Svitlana Hretsa
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Regime ◽  
Important Place ◽  
The Status ◽  
Protection Of Human Rights ◽  
History Of ◽  
The Right ◽  
Legal Mechanism

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.

Value-legal aspects of providing legal protection of rights to trademark in Ukraine

2021 ◽  
pp. 80-84
Author(s):  
M. Kotenko
Keyword(s):  
Scientific Knowledge ◽  
Legal Protection ◽  
Legal Aspects ◽  
Scientific Basis ◽  
Scientific Development ◽  
Goods And Services ◽  
Current State ◽  
Scientific Analysis ◽  
Episodic Nature ◽  
Functional Purpose

The paper reveals the relevance of scientific knowledge of the value and legal aspects of understanding the signs for goods and services as a basis for legal support of rights to them. The philosophical and scientific basis of scientific research of value-legal aspects of understanding of signs for goods and services is established. The scientific views of scientists concerning understanding of value and legal aspects of signs for the goods and services are generalized. It is concluded that the current state of scientific development of axiology of understanding of signs for goods and services indicates the episodic nature of these studies, as the scientific study of these issues was carried out indirectly through scientific analysis of other related legal phenomena and processes. The author summarizes the methodological potential of the valuelegal approach to the understanding of signs for goods and services. Based on the analysis of doctrinal approaches to understanding the value and legal aspects of marks for goods and services, the value and legal aspects of legal protection of rights to marks for goods and services in Ukraine are determined. It is concluded that the essence and content of legal protection of trademark rights for goods and services will be determined by the functional purpose of the brands themselves, which in turn will characterize the value of legal protection of trademarks as a whole. The legal protection of trademark rights for goods and services has a guarantee value in relation to the latter in terms of their ability to individualize goods and services through their separation among homogeneous goods and services on the market. It is proved that the legal protection of trademark rights for goods and services allows their public distribution and advertising of goods and 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.

scholarly journals The place of intellectual property in the system of legal values: theoretical and legal aspects

2021 ◽  
pp. 11-16
Author(s):  
M.V. Kotenko
Keyword(s):  
Intellectual Property ◽  
Cultural Values ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Complex Nature ◽  
Intellectual Activity ◽  
Cultural Phenomenon ◽  
Wide Range ◽  
Functional Purpose

The author highlights and investigates the theoretical and legal aspects of the place of intellectual property in the system of legal values. It is noted that legal values ​​are a special phenomenon in which a wide range of ideas, ideas, provisions that reflect the peculiarities of society's perception of socially useful factors, which find their expression and manifestation in the legal sphere of society. In this regard, intellectual property is a special product of human intellectual activity, which is recognized as socially useful and subsequently acquired legal characteristics, ensuring the protection of intellectual property rights, their inviolability, as well as regulating relations in the field of intellectual property. Intellectual property is a special socio-cultural phenomenon, belonging to the system of socio-cultural values ​​is primarily due to its usefulness to society, the ability to ensure the interests of its subjects. At the same time, the multifaceted and complex nature of intellectual property, represented in various spheres of society, provides an opportunity to study intellectual property, including as part of a system of legal values ​​endowed with legal properties, provided by law, allows legal entities to achieve legally significant results. related to intellectual property. Based on the analysis of doctrinal and legal ideas about the value of intellectual property, the author identified the place of intellectual property in the system of legal values. It is concluded that intellectual property as a legal phenomenon has a multifaceted and multifaceted nature, which does not allow to unambiguously determine its place in the system of legal values. Therefore, it is proposed to determine the criteria according to which to classify legal values, which should cover and take into account all possible aspects (characteristics) of legal values, including taking into account the values ​​of intellectual property established above. The place of intellectual property in the system of legal values ​​is determined by the author according to the following criteria: 1) the state of legal support of intellectual property in Ukraine; 2) the method of legal regulation of relations in the field of intellectual property; 3) its functional purpose.

scholarly journals Performance information – the critical issue of public finance legal regulation

2020 ◽  
Vol 4 (4) ◽  
pp. 35-45
Author(s):  
Sergey O. Shokhin ◽  
Ekaterina V. Kudryashova
Keyword(s):  
Public Finance ◽  
Positive Impact ◽  
Critical Issue ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Studies ◽  
Performance Information ◽  
Substantial Impact ◽  
Performance Results

The subject. The paper is focused on the study of the role of performance information in the decision-making process on public finance with particular accent on the legal aspects of the issue. The purpose. We aim to show that the performance results have a little impact on the public finance allocation in the next management cycle. Nowadays the financial resolutions are taken not on the basis of the results, but apart from them. The problem can be identified in many countries and currently discussed on the international level. We make an attempt to identify the main reasons for this. The research is elaborating the possible solutions for the problem and presenting possible amendments to the legislation. The methodology. The multidisciplinary approach is employed in this research as the problem is covered by different social sciences like law, economics and politics. The methods of analysis and synthesis are relevant for this paper. The examples and illustrations from different countries all over the world constitute the empirical part of the article. The main results and conclusions. The key reason for the omission or misuse of performance results in public finance is the passive role of the user of the performance information. There is a lack of legal incentives for using the performance results for those who take the financial decisions. Those who take the decisions in public finance governance should have an obligation to assess the performance information and use it for the further resolutions. Scope of the research outcome application. This research shall have substantial impact on the development of adequate legal model for the performance information use in public finance allocation. If the legal obligation to use the performance information is introduced it will have positive impact on the legal regulation of public finance in Russia. This can be relevant for the international studies of the issue and for the legal regulation of financial governance in other countries as well.

scholarly journals Prescribing Drugs not in Accordance with the Official Instructions for Medical Use (Off-label), Clinical Guidelines, Standards of Medical Care and Legal Regulation in the Russian Federation. Part 2

2021 ◽  
Vol 17 (2) ◽  
pp. 286-293
Author(s):  
A. R. Navasardyan ◽  
S. Yu. Martsevich ◽  
P. G. Gabay
Keyword(s):  
Medical Care ◽  
Clinical Guidelines ◽  
Alternative Therapy ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Off Label ◽  
Guidelines And Standards ◽  
The Impact

Prescribing drugs not in accordance with the official instructions for medical use (off-label) has medical and legal aspects. From a medical point of view, such an appointment can be dictated by clinical urgency, when there is no alternative therapy, and on the other hand, doctors often prescribe off-label drugs unknowingly, and also when there is another drug with registered indications. The article analyzes the regulations governing such appointments. The article describes possible inconsistencies between clinical guidelines and standards of medical care in this matter, the role of the medical commission, the impact on the quality and safety of medical care, as well as the types of legal liability of a medical worker that may arise when a drug is prescribed not according to instructions.

Legislative Practice Of Countering Illegal Lobbying In Foreign Countries

2021 ◽  
Vol 03 (03) ◽  
pp. 71-80
Author(s):  
Sabirov Bahram Nizamatdinovich ◽  
Keyword(s):  
Decision Making ◽  
Political Institutions ◽  
Organizational Structures ◽  
Legal Regulation ◽  
Democratic Process ◽  
Political Decision ◽  
Important Place ◽  
Foreign Countries ◽  
Political Decision Making

The article researches into fundamental approaches to legal regulation of lobbyist activity in democratic countries. Analyzing transformation of lobbying into one of the most important socio-political institutions, it reveals the role of lobbying in the democratic process of political decision-making, considering professional features, organizational structures and approaches to the regulation of lobbying activities. It is concluded that lobbying as an institutuion takes an important place in the life of modern democratic societies. Legal regulation of lobbying activities helps to minimize risks of corruption between government bodies and civil society institutions.

scholarly journals Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect

2021 ◽  
pp. 277-281
Author(s):  
А. А. Marzhyna
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
Scientific Research ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Range Of Functions ◽  
Functional Purpose

The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary. This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary. It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union. Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary: first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions; secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc. In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify the content and meaning of the legal norm concerning notarial activity and provide relevant explanations to legal entities. For example, clarification of the rights and obligations of the parties to the contract of sale of real estate, certified by a notary. Keywords: notary, notarial activity, functional purpose of notary, legal interpretive function of notary.

. The importance of studying “Hfilosophy of science” in the master’s program of technical universities

2021 ◽  
Vol 92 (2) ◽  
pp. 124-133
Author(s):  
N.A. Tsareva ◽  
Keyword(s):  
Scientific Knowledge ◽  
Scientific Literature ◽  
Scientific Development ◽  
Master's Program ◽  
Anthropological Perspective ◽  
The World ◽  
Scientific Technical ◽  
Educational Paradigm ◽  
Contemporary Education

The review of the topic is based on rapidly growing technicalization of the world and necessity to include this aspect as a fundamental for engineering education. Technical reality changes attitude to engineer’ competences and knowledge, concept of «engineering thinking», and responsibility of the engineering community. An engineer, creating a technique, has technical power in a man-made society. The desire to overcome the technocratic nature of education resulted in the need for philosophical thoroughness of engineering and technical education. The educational paradigm is in line with the development of scientific knowledge. The article draws attention to the connection between modern paradigm of scientific development and humanitarian component of contemporary education system. The synergistic convergent paradigm of scientific knowledge of the postmodern era is characterized by an interdisciplinary direction of scientific research: the integration of scientific, technical, natural science and socio-humanitarian knowledge. The anthropological perspective of philosophy reinforces its importance in solving the problems of interaction between man and technology. The analysis of scientific literature helped the author to synthesize ideas about the role of philosophy in the modern paradigm of knowledge. The authenticity of the article lies in the author's justification of the most important reasons for studying the discipline «Philosophy of Science» in the master's program of technical universities.

Contingency, Nature and Hermeneutics in History of Science

2014 ◽  
Vol 8 (2) ◽  
pp. 291-310
Author(s):  
Jeroen Bouterse
Keyword(s):  
History Of Science ◽  
Scientific Knowledge ◽  
Network Theory ◽  
Actor Network Theory ◽  
Natural World ◽  
Scientific Development ◽  
Sociology Of Scientific Knowledge ◽  
History Of ◽  
Strong Programme

When, as historians, we want to explain developments in the history of natural science, how are we to do justice to the role of the natural world – the thing scientists investigate – in our explanations? The idea that the structure of the natural world renders the development of science inevitable seems to be inadequate, but so does the idea that we should explain the history of science without any reference to nature, as if what scientists study made no difference at all to what they believe. Is ‘nature’ even a feasible category, however? To what extent is it a problem that in referring to the result of scientific development in our explanation of scientific development, we are assuming the authority of science? Does this undermine the possibility of critical and independent historiography? This article deals with several possible solutions to these problems, and outlines an alternative to rationalism as well as to the Strong Programme in the Sociology of Scientific Knowledge and Latour’s Actor-Network Theory.

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