scholarly journals Error both in the general philosophical sense and as a subject of study of legal science

2021 ◽  
pp. 148-153
Author(s):  
S. V. Havrilyuk
Keyword(s):  
Public Relations ◽  
Human Behavior ◽  
Legal Theory ◽  
Legal Regulation ◽  
The State ◽  
Public Official ◽  
Legal Science ◽  
The Will ◽  
The Subject ◽  
Human Desire

The article focuses on the exploration of philosophical teachings on the concept of «error». Philosophers of antiquity introduced the concept of «natural law», which was formed over the centuries from the human desire to understand the world and to determine our place in society. It was from that time that the concept of human rights gradually began to emerge, and the links between the state and individual and the state and society were established. Error was considered the result of the erroneous course of thought, wrong actions, actions that do not achieve the goal: model of human behavior based on delusions. An error is always aberration: an action opposite of the correct one and committed unintentionally. It always implies illegality. Errors are associated with the wrong course of thought in reasoning, inadequate thinking, misinterpretation and inaccuracy of actions and violation of certain rules. Such fallaciousness of thought and action violates the truth of the substance of thinking and activity and thus leads to various kinds of errors. It should be indicated that the problem of error has an independent meaning in various fields of scientific knowledge:philosophy, logic, mathematics, law, cybernetics, medicine, linguistics, economics, etc. Through the analysis of the concepts and signs of errors provided by the philosophers mentioned in the article we conclude that error should be considered as both process and result of human activity. In addition, the ambiguous positions of modern legal scholars on the semantic meaning of the terms «error» and «legal error» are highlighted, which often leads to inconsistencies in the conceptual apparatus of modern legal theory. They may interpret the concept of «error» as a shortcoming, a flaw, a mistake, a distortion or in a more categorical way: a delusion, an imperfection, an inconsistency or a gap. Particular attention is paid to the causes of legal errors, in particular, it is noted that in modern legal science they are divided into objective errors which do not depend on the will and conscious actions of lawmakers and subjective which is generated through the will of lawmakers, as only professional legal activity and its results may be the potential sources of error. The objective causes of legal errors include the constant development of public relations, as the legislator and other legal bodies and institutions do not always keep up with the demands of life. In turn, subjective factors stem from personal qualities, human behavior and actions. In general, legal scholars define legal error as a negative result caused by unintentional, incorrect action of the subject of legal activity and as various accidental and unintentional actions on the course of the decisions of the subjects of legal relations (legal body or public official), which reflects the flaws of the will of the subject of law in the process of expression of such will, leads to a negative result and can be committed at any stage of legal regulation). Keywords: error, delusion, legal error, erroneous behavior.

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

Limits of Legal Regulation and Discretion in Law: on the Correlation of Concepts

2020 ◽  
pp. 4-10
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
External Control ◽  
Active Behavior ◽  
Common Features ◽  
The Subject

The author considers the logical connections between the content of the concepts «limits of legal regulation» and «discretion in law» in terms of the ratio of their volume. At the same time, the content of the concepts «legal regulation», «legal impact», «limits of legal regulation» is specified. The features characterizing the limits (scope) of legal regulation are identified: the conscious-volitional nature of social relations; the possibility of external control of public relations by the state; the importance of public relations; the opportunity for subjects of public relations to choose a behavior option, etc. The features of discretion in law are the possibility of implementation only within the framework of the subject of legal regulation; legality; expression in the passive or active behavior of the subject, etc. It is concluded that these concepts are not identical, but rather, are subordinate and are included in the scope of the concept of «legal impact». They are comparable because they have common features (for example, the existence of an authority establishing public relations and being expressed in a legal act), as well as related ones, since their volume partially coincides.

scholarly journals LEGAL INCENTIVES AND INCENTIVE LEGAL RELATIONS IN LABOR LAW

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Maryna L. Smolyarova ◽  
Keyword(s):  
Labor Relations ◽  
Real Life ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Legal Form ◽  
Legal Relationship ◽  
Legal Science ◽  
The Subject ◽  
Legal Forms

The article is devoted to the study of the main elements of the mechanism of legal incentives: legal incentives and incentive legal relations in labor law. Based on the analysis of works of domestic and foreign scholars on general theory of law and representatives of various branches of law, including labor law, the author emphasizes that stimulating legal relations are quite dynamic phenomena � they arise, change, cease. The dynamics of legal relations is associated with real life circumstances, which in legal science are called legal facts. Since the result of the action of legal incentives is the emergence of a socially active act, the legal facts can only act as lawful actions. Implementation of a legal incentive is a form of socio-legal activity of legal entities. Legal incentives also affect behavior indirectly � through consciousness and will, that is, what determines the behavior itself. Purposeful labor activity carried out with the help of legal incentives that affect the consciousness of the subject, and is the process of regulating the actual legal relationship. The subject of labor relations develops, first of all, the ideal model of his behavior, assessing the content of legal incentives, taking into account the current practice, anticipating the possible favorable consequences for him. In real behavior of the person the maintenance of stimulating legal relations is realized. The goal of the stimulating subject is achieved. It is emphasized that the stimulating legal relationship as a kind of labor relations has the following features: stimulating legal relations arise between the subjects of labor relations, it is the result of voluntary and conscious action of the employee; incentive legal relations arise, change or terminate only on the basis of legal incentives. Legal incentives generate a stimulating legal relationship and are directly realized through it; the subjects of stimulating legal relations are the bearers of subjective rights and legal obligations; stimulating legal relationship is characterized by such a quality as individuality, it identifies specific participants and determines the extent of their lawful behavior; stimulating legal relations are voluntary. For their emergence, it is not enough to have a legal incentive that includes the state will. The main thing is the manifestation of the will of its participants, as the stimulating legal relationship is realized, primarily through human consciousness; stimulating legal relations are especially protected by the state, which is directly interested in their effectiveness. Based on an in-depth theoretical analysis of existing views in legal science, the relationship between legal incentives and incentive legal relations in labor law is revealed. The process of stimulating employees from the point of view of its legal nature is analyzed. Emphasis is placed on the fact that the emergence and development of incentive legal relations is directly dependent on the mechanism of legal incentives. The mechanism of legal incentives is a complex systemic phenomenon, the components of which are formed as a mechanism of legal regulation - the main special legal form of legal influence, and non-legal forms of legal influence, which in some way from the internal characteristics of the person. It is emphasized that certain legal remedies, which are presented in the mechanism of legal incentives, do not affect the effectiveness of this mechanism and only in their totality and interaction, they ensure its effective operation.

scholarly journals Administrative-legal means of legal regulation prevention of corruption in Ukraine

2021 ◽  
pp. 265-269
Author(s):  
V.A. Priymak
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
The State ◽  
Effective Prevention ◽  
Organic Part ◽  
Property Income ◽  
Institutional Aspect ◽  
Regulatory Aspect ◽  
The Will ◽  
Corruption Prevention

The purpose of the article is to define the concept and features of administrative and legal means of legal regu-lation of corruption prevention.  It is substantiated that the administrative and legal means of preventing corruption is an integral part of legal reg-ulation. The use of these funds is conditioned by the goals of preventing corruption, which are divided into strategic and tactical. The essence of administrative and legal means of preventing corruption is considered in accordance with the regulatory, institutional, instrumental, normative, managerial, activity and state-centered approaches. Ac-cording to the regulatory aspect, administrative and legal means of preventing corruption are understood as a means of streamlining public relations and a way for the subjects of anti-corruption activities to exercise their powers. In the institutional aspect, these means should be understood as a set of bodies and their officials determined by legis-lative and subordinate legal acts, whose powers include the prevention of corruption, as well as the competence of these entities. In the instrumental aspect, administrative and legal means of preventing corruption are technologi-cally legal techniques and methods of implementing administrative and legal regulation in the studied area, as well as algorithms for the application of these techniques and methods. In the normative aspect, the investigated means represent a hierarchically structured set of legislative and subordinate legal acts, including international legal acts that have been ratified, approved or adopted in accordance with the established procedure. In the managerial aspect, administrative and legal means of preventing corruption are a set of managerial actions and decisions of a nation-wide, sectoral and intradepartmental nature aimed at creating organizational, personnel, financial, material and other conditions for the effective prevention of corruption by the subjects of this activity. In the activity aspect, the investigated means represent a set of legal and extra-legal actions of the subjects of preventing corruption, aimed at achieving the goals and objectives set in the anti-corruption program documents in accordance with the established deadlines and stages. The state-centered aspect encompasses a set of ways to preserve the interests of the state, which include preventing corruption in comparison with the interests of a number of officials to preserve their right to privacy of information about their property, income and expenses, to combine some positions and professions, and the like.The set of administrative and legal means, united by specific goals of law enforcement and directed by the will of the subject of legal relations, is an organic part of administrative and legal regulation. However, the phenomenon of administrative-legal regulation is not limited to administrative-legal means, its integral parts are also the purpose, principles, methods, and also other elements that are distinguished by various researchers.

PUBLIC ADMINISTRATION IN THE FIELD OF FOREIGN AFFAIRS IN THE RUSSIAN FEDERATION: CONCEPT, LEGAL REGULATION AND MAIN DIRECTIONS

2021 ◽  
Vol 1 (12) ◽  
pp. 88-95
Author(s):  
Madina T. Aguzarova ◽  
Keyword(s):  
Foreign Policy ◽  
Public Relations ◽  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Foreign Affairs ◽  
External Relations ◽  
The Subject ◽  
The Russian Federation

The subject of the research is aspects of public administration in the field of foreign affairs in the Russian Federation: the concept, legal regulation and the main directions. Conducting an independent foreign policy is one of the main activities of the state. Public administration in the field of foreign affairs is considered as an important part of public administration in general, ensuring the position of the state in the international arena, its external relations. The objectives of the article are to define the concept of public administration in the field of foreign affairs, systematize and characterize the regulatory framework governing the studied public relations; identify the main directions of public administration in the field of foreign affairs in modern Russia.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

The Mystery of Freedom

2020 ◽  
pp. 192-206
Author(s):  
Pilar López de Santa María
Keyword(s):  
The State ◽  
Theory Of Knowledge ◽  
The Will ◽  
The Subject ◽  
Different Parts

Freedom is the focus of the first of the writings included in The Two Fundamental Problems of Ethics. The attention that Schopenhauer devotes to the subject does not stop here, however, since freedom appears recurrently in different parts of his system. It is linked to his theory of knowledge, metaphysics, aesthetics, and the denial of the will. This chapter follows that track and examines the presence in different contexts of Schopenhauerian thought of a freedom that is so undeniable as unexplainable. In this way will be shown Schopenhauer’s transition from the freedom of the voluntas to the freedom of noluntas [non-willing] and the state of great liberation that occurs because the will frees itself from itself. It is a transition that begins and ends at the same point: mystery

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals On Understanding the Administrative Law Subject

2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  
Keyword(s):  
Public Administration ◽  
Legal Theory ◽  
Administrative Law ◽  
Executive Power ◽  
Legal Science ◽  
Different Types ◽  
Common Concept ◽  
The Subject ◽  
Points Of View ◽  
Definition Of

In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.

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