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.

scholarly journals The theory of law functions. Introduction

Legal Ukraine ◽  
2020 ◽  
pp. 6-13
Author(s):  
Viktor Kovalskyi
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Professional Competence ◽  
The State ◽  
Important Place ◽  
Scientific Analysis ◽  
Legal Security ◽  
The Impact ◽  
Functional Purpose

The development of the theoretical doctrine of the functions of law is associated with the creation of fundamental scientific knowledge about legal phenomena, processes and events. An important place in this case is occupied by an understanding of the impact of law on public, political, economic processes, civil society institutions, the binding of state power institutions to the norms of law, as well as legal motivation and identification of a person. Scientific knowledge about the state, determination and laws of the functions of law, their functioning in the information and legal space, is formed at the intersection of industry and intersectoral generalizations, the absorption of certain signs, phenomena and processes. Such knowledge relates, firstly, to the development of a methodology for the analysis of new social and legal phenomena (development of the technology of scientific analysis), and, secondly, they are realized in the context of obtaining and consolidating in the practical plane legal facts, concepts, events (development of legal praxeology). The scientific and practical problems of the functional purpose of law are related to the issues of management tools based on law, society’s self-preservation, legal security, legal consolidation and professional competence, as well as the development of legal awareness, legal culture and legal mentality of Ukrainian citizens. A theoretical analysis of the problems of the function of law can be properly carried out in determining the public boundaries of the emergence and change of legal relations, including those combined in protective, regulatory, organizational jurisdictions; at the present stage, such jurisdictions are mainly departmental or sectoral in nature. Among the many legal phenomena that have become the object of functional analysis, such phenomena as the state and quality of the legal system, the quality of legislation, the sequence of legal policy, legal civilization, regulation and control of public relations have recently attracted attention. The conceptual apparatus of legal science has recently increased significantly, although at the same time the methodological circle of concepts and methods of analysis practically remains the same. Conclusion: the theory of the functions of law makes it possible to determine the objects, objects and methodology of scientific knowledge of law in its functional purpose, integrative interpretation of legal concepts and categories. Key words: functions of law, influence of law, binding by the right of power, legal identification, expansion of the methodology of scientific analysis, restrictions on human rights, jurisdictions.

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

Právně ekonomické aspekty kritéria právního státu jako podmínky pro přidělení prostředků z rozpočtu EU

2021 ◽  
pp. 126-143
Author(s):  
Tereza Čejková
Keyword(s):  
European Union ◽  
Civil Rights ◽  
European Commission ◽  
Rule Of Law ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Member States ◽  
Financial Framework ◽  
The Impact

After expressing concerns about the state of democracy and civil rights in Poland and Germany in recent years, the European Commission proposed to implement the so-called rule of law condition in the 2021–2027 multiannual financial framework scheme, under which EU budget funding would not be allocated to those Member States which do not comply with the condition. This work will examine the financial and legal aspects of this condition and assess the impact of its application on the economy of the European Union.

Legal Aspects of Protecting the State Border of the Republic of Poland during Pandemics

2020 ◽  
Vol 75 ◽  
pp. 189-204
Author(s):  
Robert Socha
Keyword(s):  
Public Health ◽  
Legal Aspects ◽  
The State ◽  
World Health ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
The World ◽  
The Republic ◽  
International Threat

The problems raised in this article focus on the issues related to the solutions adopted by the Polish legislator as to the protection of the state border in the context of an international threat. The author presents the legal conditions related to the probability of temporary reintroduction of border control for persons crossing the state border regarded as an internal border of the European Union in the event of a threat to public health. The background for these considerations are legal regulations concerning the change in the organization of the protection of the state border of the Republic of Poland, as introduced due to the World Health Organization’s announcement of the pandemic caused by the SARS-CoV-2 coronavirus leading to the COVID-19 disease.

scholarly journals ASPEK HUKUM INFORMED CONSENT DAN PERJANJIAN TERAPEUTIK

2019 ◽  
Vol 8 (2) ◽  
pp. 95
Author(s):  
Muh Amin Dali ◽  
Warsito Kasim
Keyword(s):  
Informed Consent ◽  
Health Services ◽  
Legal Aspect ◽  
Secondary Data ◽  
Medical Personnel ◽  
Legal Aspects ◽  
The State ◽  
Care Workers ◽  
The Relationship

(Legal Aspect Of Informed Consent And Therapeutic Agreement). Health is one of the basic rights guaranteed by the state. Therefore, the state is obliged to prepare instruments to protect the health services of citizens. In practice, one of the tools regulated by the state in guaranteeing health services is the Medical Action Agreement. In the medical world, Medical Action Approval is better known as Informed Consent. The approval of this Medical Action will be contained in a written agreement known as the Therapeutic Agreement. This study aims to analyze the legal aspects of informed consent and therapeutic agreements based on formal law in Indonesia. The scope of the discussion is the study of the relationship between the Patient Party and the Medical Personnel in the Informed Consent and Therapeutic Agreement and analysis of its formal legal aspects. The results of the study are expected to be a legal reference for the community and also the medical staff so as to increase understanding and legal awareness that lead to improving the quality of health care workers. The approach used in this study is a normative juridical approach and analytical descriptive nature. This study uses secondary data obtained from primary and secondary legal materials. The results of the study describe the analysis of the legal aspects of protecting the rights and obligations of health services for both patients and medical personnel.Kesehatan adalah salah satu hak dasar masyarakat yang dijamin oleh negara. Maka dari itulah negara berkewajiban menyiapkan perangkat-perangkat dalam melindungi hak pelayanan kesehatan warga negara. Dalam praktiknya, salah satu perangkat yang telah diatur oleh negara dalam menjamin pelayanan kesehatan adalah Persetujuan Tindakan Medis. Dalam dunia medis, Persetujuan Tindakan Medis lebih dikenal dengan istilah Informed Consent. Persetujuan Tindakan Medis ini akan dituangkan dalam perjanjian tertulis yang dikenal dengan Perjanjian Terapeutik. Penelitian ini bertujuan untuk menganalisis Aspek Hukum informed consent dan Perjanjian Terapeutik berdasarkan hukum formil di Indonesia. Ruang lingkup pembahasan adalah pada kajian mengenai hubungan antara Pihak Pasien dan Pihak Tenaga Medis dalam Informed Consent dan Perjanjian Terapeutik serta analisis aspek hukum formilnya. Hasil penelitian diharapkan dapat menjadi referensi hukum bagi masyarakat dan juga para tenaga medis sehingga dapat meningkatkan pemahaman dan kesadaran hukum yang mengarah pada peningkatan kualitas pelayan kesehatan. Pendekatan yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif dan bersifat deskriptif analitis. Penelitian ini menggunakan data sekunder yang diperoleh dari bahan hukum primer dan sekunder. Hasil penelitian mendeskripsikan analisis aspek hukum tentang perlindungan hak dan kewajiban pelayanan kesehatan bagi pihak pasien maupun tenaga medis.

scholarly journals An essence of the security in context of constitutional legal dimension

2021 ◽  
pp. 544-553
Author(s):  
Pylyp Demchenko
Keyword(s):  
Public Relations ◽  
National Security ◽  
Legal Framework ◽  
Legal Aspects ◽  
The State ◽  
Modern World ◽  
Main Role ◽  
Human Society ◽  
Primary Role ◽  
Characteristic Features

Introduction. This article is devoted to the study of the phenomenon of the security within the framework of its understanding in the constitutional legal sphere of national legal science. The need to conduct this study is based on the relevance of the search for promising directions in ensuring the safety of human, society, and the state in a rapidly changing modern world, within the framework of which the main role is assigned to its legal foundations, in which the provisions of the norms of the Constitution of Ukraine play a primary role Purpose and objectives of the study. The main purpose of the article is to consider the concept of security in the framework of the basic legal and constitutional legal category on an analysis of the articles of the Constitution of Ukraine and normative legal aspects (in case of basics of The National Security Act 2018 and The Strategy of the National Security 2020), which enshrine the essence and foundations of ensuring of the security in Ukraine, and also presents the main doctrinal approaches to defining security in the framework of constitutional and legal researches. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of security as a phenomenon of public relations, assessing the main challenges and threats to the existence of a human, society, and the state in Ukraine at the present stage of their development, analyzing the legal framework for ensuring of security in Ukraine, as well as understanding of security as a constitutional legal category. Research conclusions. As a result of the study, the idea is given that security is a complex and multi-vector category, the nature of which depends on the definition of the scope of its implementation and provision. The legal component is the basis for ensuring of national security as the main way to ensure the security of a human, society, state in Ukraine, which is implemented within the framework of the provisions of the Constitution of Ukraine and special legislation. As part of the study of constitutional and legal approaches to defining national security as a broad category, it is necessary to single out its special component subspecies - constitutional security, which serves as the basis for the protection and stability of the development of constitutional legal institutions and constitutionalism in Ukraine.

Scientific research principles of state financial policy modernization in the globalization conditions

2019 ◽  
pp. 51-56
Author(s):  
Vitaliy Romanchukevych
Keyword(s):  
Scientific Knowledge ◽  
Scientific Research ◽  
Risk Of Bias ◽  
The State ◽  
Financial Policy ◽  
Policy Studies ◽  
Basic Principles ◽  
The Public ◽  
Adequate Information ◽  
Initial Research

The article deals with the problems of scientific research of the modernization of the public financial policy in the context of globalization. The author identifies the main difficulties and problems of development and implementation of public financial policy and the principles of scientific knowledge in this field. Principles of construction and implementation of public financial policy are divided into 2 logical groups: basic principles, as well as special principles that take into account the peculiarities of financial policy implementation in a particular country. The author considers that adherence to the above principles will make it possible to build a truly qualitative financial policy of the state. Therefore, it is important to pay considerable attention to the observance of these principles and the observance of the basic principles (rules) of scientific research in the study of public financial policy. The author presents his own logic of scientific research of modernization of public financial policy in the conditions of globalization on the basis of interpretation of the content of fundamental principles of scientific knowledge, in particular also in accordance with the principle of unity of logical and historical. By adhering to the principle of objectivity, research can avoid or significantly reduce the risk of bias. This principle can be ensured, including by means of a clear justification of the initial research data, which should include a comprehensive disclosure of the positions of the previous financial policy studies of the state. The existence of an adequate information base for the study of the state’s financial policy makes it possible to take into account a set of factors that influence its formation and implementation.

On some theoretical issues of classification of payment systems

2021 ◽  
Author(s):  
Anastasia Kovalchuk
Keyword(s):  
Scientific Research ◽  
Legal Regulation ◽  
Payment System ◽  
Main Body ◽  
The European Union ◽  
Payment Systems ◽  
Association Agreement ◽  
State Legitimacy ◽  
Energy Community

Problem setting. The author’s vision of ways to solve the problem of classification of payment systems in the new political and socio-economic conditions is presented in the article. The need to rethink the concept of “payment system” in connection with changes in current legislation of Ukraine, which in this context makes the category of “payment transactions” instead of “transfer of funds”, as before. It is emphasized that such an innovation expands the concept of “payment system” in a broader sense, which requires additional scientific research. Analysis of recent researches and publications. The question of the classification of payment systems has been repeatedly addressed by both domestic and foreign scientists and practical workers. For domestic science and practice, there is a need for critical understanding of existing views on the classification of payment systems, which is caused by the processes of adaptation of national legislation to the EU acquis in accordance with the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand [9], in particular, in connection with the adoption of the Law of Ukraine “On Payment Services” dated June 30, 2021 № 1591-IX [10]. Such changes in the current legislation of Ukraine have not yet been properly reflected in publications on financial and legal topics and lead to further scientific searches in this area. Target of research is to update existing approaches to the classification of payment systems to improve the legal regulation of financial relations in new economic and socio-political conditions. Article’s main body. The understanding of the term “classification” is clarified, because in the practice of research in general theory of law and branch of legal sciences, it is often used without indicating its clear meaningful understanding or such a view may have significant differences. It is noted that although for legal science classification is a traditional and widely used method of scientific research, at the same time, there is a need for a clearer idea of such a means of scientific knowledge and overcoming terminological inconsistencies. Attention is drawn to the need to compare the concept of “classification” with such related categories as typology, systematization, modeling, clustering, cataloging, periodization, etc. Conclusions and prospects for the development. The view is maintained that to classify means to divide objects, phenomena or concepts into classes, groups, etc. according to common features, properties, criteria. It is emphasized that most of the criteria for the classification of payment systems are conditionally legal and reflect their respective organizational, functional or technical and technological features. In this context, the opinion is expressed that the legal criteria for classification should be considered only those that directly have the appropriate legal significance, determine the content in the areas of legal regulation of the organization and functioning of payment systems. It is proposed to distinguish between regulated and unregulated payment systems on such a legal basis as state legitimacy.

THE LEGAL ASPECTS OF PROTECTION OF CIVIL OBJECTS AND OBJECTS OF CRITICAL INFRASTRUCTURE UNDER THE CONDITIONS OF AN ARMED CONFLICT

2020 ◽  
pp. 42-46
Author(s):  
I. Koropatnik ◽  
O. Beryslavska
Keyword(s):  
Armed Conflict ◽  
Critical Infrastructure ◽  
Legal Aspects ◽  
The State ◽  
Additional Stress ◽  
Humanitarian Law ◽  
Vital Functions ◽  
Historical Monuments ◽  
Regular Manner

The article is dedicated to the normative-legal governing of protection of civil objects and objects of critical infrastructureunder the conditions of an armed conflict, that unconditionally is the key aspect to developing the national system of firmnessand sustainability and of course the survival of the state under the conditions of hybrid threats.It has been determined that the prohibitions that are set by the norms of international humanitarian law on the impossibility toinflict damage on civil objects or objects of critical infrastructure are often violated under the conditions of armed conflict andhybrid attacks, and therefore only prohibitions will turn out to be insufficient to achieve the state of protection for a society fromuncontrolled challenges and threats.It has also been pointed out, that there’s a critical growth of the level of threats not only to the economic, but also to theecological security of Ukraine. The absence of clear assessment of the scale of demolition, the duration of the situation and thecontinuity of the physical demolition of the infrastructure and civil objects on a significant part of the territory of the Donetsk andLuhansk regions do not allow to carry out precise assessment of losses and expenditures for Ukraine. The losses inflicted andcaused by the armed conflict in the Donbass are currently being assessed by Ukraine, UN, USAID and independent experts in adifferent manner.It has been pointed out that in the course of the Antiterrorist operation and the Operation of the United Forces in the east ofUkraine, as an addition to the most frightening phenomenon – the death of people, there’re also thousands of objects ofinfrastructure damaged and destroyed including housing. Thousands of families are left homeless, or with their houses damagedto such an extent that there’s no possibility to live there in a save and regular manner. Additionally, there’re plenty of civil objectsand objects of infrastructure that have been destroyed, the networks of water, heat, gas and electricity supply, as well as objectsthat assure the flow of used water and sewage, roads objects of social and cultural purpose, such as schools, kindergartens,healthcare entities, cultural and historical monuments etc.It has been proven, that the classification of objects of critical infrastructure is to be done with the inclusion of the followingcriteria such as: their importance to carry out the vital functions; the existing threats they could be damaged by; the duration ofactivities for their reconstruction and restoring with additional stress made on the issues of establishing a legislative basis torestore and rebuilt the civil objects and objects of critical infrastructure that have been damaged as a consequence of the armedconflict.

Science as a Persuasion Game: An Inferentialist Approach

Episteme ◽  
2006 ◽  
Vol 2 (3) ◽  
pp. 189-201 ◽  
Author(s):  
Jesús Zamora Bonilla
Keyword(s):  
Scientific Knowledge ◽  
Scientific Research ◽  
Language Game ◽  
Research Community ◽  
Theoretic Analysis ◽  
Game Theoretic Analysis ◽  
Game Theoretic ◽  
Similarities And Differences

ABSTRACTScientific research is reconstructed as a language game along the lines of Robert Brandom's inferentialism. Researchers are assumed to aim at persuading their colleagues of the validity of some claims. The assertions each scientist is allowed or committed to make depend on her previous claims and on the inferential norms of her research community. A classification of the most relevant types of inferential rules governing such a game is offered, and some ways in which this inferentialist approach can be used for assessing scientific knowledge and practices are explored. Some similarities and differences with a game-theoretic analysis are discussed.

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