scholarly journals Interpretation of law as a form of implementation of the constitutional and legal policy of the state

2021 ◽  
pp. 323-328
Author(s):  
V. M. Ternavska
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Special Role ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Legal Norms ◽  
Legal Obligations ◽  
Legal Communication ◽  
Definition Of

The interpretation of law plays a special role in the process of legal communication. Subjects of law, entering into legal relations of a certain type, interpret the content of legal norms already at the subconscious level with the aim of better satisfying their subjective rights, realization of legitimate interests and the proper implementation of legal obligations. The rule of law has general and abstract character that permit to cover a large number of specific situations, but which always differ in their individuality, their personalized nature. Taking into account this, as well as the existing shortcomings of the rule-making process, such as the presence of the vast majority of blanket and reference norms in constitutional law and non-compliance with the rules of legal technique, resulting in difficulty of expression or lack of normative definition of special legal terms, there is a need for interpretation of legal acts. The article is devoted to determining the nature of the interpretation of law and its role in the implementation of the constitutional and legal policy of the state. Various methodological aspects of the concept of legal interpretation and techniques of interpretation of law, as well as the criteria of truth and correctness of interpretation of law in the process of learning the content of legal norms are studied. The ratio of the categories «legal interpretive policy» and «legal interpretive form of legal policy implementation» is analyzed. It is concluded that the state-authorized subjects of legal interpretation, based on legal doctrine, form a legal interpretive policy aimed at developing a strategy and tactics for unification of legal ideas on adequate and uniform understanding and application of norms of the Constitution of Ukraine and other legal acts by all subjects of constitutional law. The means of achieving the goals of legal interpretive policy and fulfilling its tasks are legal doctrine, legal interpretation technique, interpretive practice, information resources and legal interpretative acts. Legal interpretive policy gives grounds to single out legal interpretation as an independent form of implementation of constitutional and legal policy along with law enforcement form, which is important for proper protection of human rights and freedoms, development of civil society and principles of sovereignability of the Ukrainian state on the basis of their equal understanding and application. Keywords: interpretation of law, legal interpretative acts, legal interpretive technique, constitutional and legal policy, legal interpretive policy.

scholarly journals Administrative and legal status of the Civil service of Ukraine on geodesy, cartography and cadastre

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
◽  
Shpak Oksana ◽  
Keyword(s):  
Legal Status ◽  
The State ◽  
State Service ◽  
Legal Personality ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Obligations ◽  
The Subject ◽  
Definition Of ◽  
Subjective Rights

Based on the analysis of doctrinal opinions and current regulations, the article examines the legal categories of «legal status», «administrative and legal status», which in legalliterature is characterized through the following legal institutions: public subjective rights and legal obligations; legal personality; subjects and objects of management; state coercion, etc. It is emphasized that in the system of legal norms that determine the administrative and legal status of the subject of public administration, the leading role is played by the norms of administrative law. The activity of the State Service of Ukraine for Geodesy, Cartography and Cadastre is analyzed. According to the results of the research, the author's definition of the concept «administrative and legal status of the State Service of Ukraine for Geodesy, Cartography and Cadastre» is given. Keywords: category, legal status, administrative and legal status, activity

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

Legal policy of the state: to definition concepts and contents

2020 ◽  
pp. 110-117
Author(s):  
Natalia Harchenko
Keyword(s):  
Public Life ◽  
Theoretical Aspect ◽  
Theoretical Concept ◽  
Practical Aspect ◽  
The State ◽  
Practical Significance ◽  
Legal Policy ◽  
Legal Development ◽  
Legal Ideology ◽  
Definition Of

Goal. The purpose of the work is a comprehensive theoretical and methodological analysis of the definition of the concept and content of modern legal policy of the state. Method. The methodology of the study involves the use of a number of general and special methods of cognition, in particular: terminological analysis, synthesis, induction, deduction, structural-functional and comparative law. Results. In the course of the research it is proved that in modern conditions the legal policy of the state is determined in theoretical and practical aspects. Thus, in the theoretical aspect, the legal policy of the state is the legal ideology of the state, which includes ideas, theories, concepts, doctrines, strategies, programs, etc., enshrined mostly in the form of regulations. In the practical aspect, the legal policy of the state means the activities of the state to exercise effective legal influence on all spheres of public life. In all the considered approaches to the definition of the category of "legal policy" there is one common feature - the state-will character, which forms its power-imperative content. The features of legal policy include: based on law; implementation by legal methods; coverage mainly of the legal sphere of activity; reinforcement, when necessary, by force, coercion; publicity, formality; it has an external expression in the form of legal and organizational forms of its implementation. Scientific novelty. According to the results of the study, the legal policy of the state is designed primarily to manage the legal development of the state, to be aimed at improving legal means and mechanisms of legal tools to ensure the most optimal development of relations in various spheres of society. Practical significance. The results of the study can be useful in the process of formation and implementation of the general theoretical concept of legal policy of the modern state.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals Legal obligation as the legal value

2020 ◽  
pp. 43-47
Author(s):  
Tereziia Popovych
Keyword(s):  
Individual Behavior ◽  
The State ◽  
Legal Order ◽  
Legal Obligation ◽  
Law And Order ◽  
Order Model ◽  
Legal Science ◽  
Legal Obligations ◽  
Definition Of ◽  
The Individual

The article describes some aspects of understanding legal values and legal obligations in modern legal science.To achieve the goal of the study, the author envisaged the performing such tasks as: clarifying the understanding of legal valuesand legal obligations used by legal science; proving the possibility of recognizing a legal obligation as a legal value; formulation of theconcept of legal obligation as a legal value.The author traces the interrelation between legal values and the legal order, emphasizing that without legal values, the rule of lawis ineffective, in turn, – legal values outside the legal order have no practical content.Based on this, the author proposes his own definition of the concept of legal values as ideal legal entities and principles that determinea person’s perception of the importance of law, assessment of phenomena occurring in society through law, form a certain modelof legal person’s behavior and are designed to ensure legal order and discipline in society.Given this understanding of legal values, as well as the position of modern legal science on the essence of legal obligation, theauthor defines the concept of legal obligation as a legal value: this is a legal prescription which is formulated by the state as necessaryto ensure law and order model of individual behavior, established in order to maintain the proper functioning of society as a collectivewhole and to ensure the interests of all its members, and fulfilled on the basis of the perception of certain behavior as fair and sociallyappropriate. The author’s approach to the justification of a legal obligation as a legal value is proposed due to the following factors: theperson’s perception of the relevant behavior as necessary, fair, socially acceptable, which expresses a socially significant benchmark;the formulation by the state through the legal norm the socially significant behavior; realization through such behavior the human socialnature as a part of the collective whole; the implementation of the principle of interdependence and complementarity of the rights andobligations of the individual.

scholarly journals Constitutional and legal principles of status of person: some aspects

2021 ◽  
pp. 11-15
Author(s):  
D.M. Byelov ◽  
M.V. Hromovchuk
Keyword(s):  
Biological System ◽  
Constitutional Law ◽  
Legal Status ◽  
Living Organism ◽  
The State ◽  
Moral Life ◽  
Special Role ◽  
Legal Principles ◽  
Rule Model ◽  
Almost All

The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed. It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is the constitutional law (from the Latin norma - rule, model). The norms of constitutional law as components of the system of constitutional law of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared with cells, as the basis of any living organism, biological system. The content of the legal status of man is determined by all the norms and relations governed by them that arise between the state and man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations are very diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law. At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the position of citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamental relations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailed regulation of such relations to the norms of other industries.

scholarly journals THE ROLE AND IMPORTANCE OF TECHNICAL REGULATION IN INCREASING EFFICIENCY IN THE ENERGY SECTOR

2021 ◽  
Vol 06 (02) ◽  
pp. 28-29
Author(s):  
Nurlan Hajizade Nurlan Hajizade
Keyword(s):  
Economic Development ◽  
Research Work ◽  
Developed Countries ◽  
Energy Sector ◽  
The State ◽  
Modern World ◽  
Special Role ◽  
Negative Consequences ◽  
Technical Regulation ◽  
Definition Of

One of the important vectors of economic development in the modern world is the minimization of the negative consequences of human economic and other activities. Therefore, highly developed countries impose mandatory and voluntary requirements on the development of products and implement a series of measures. Necessary regulatory activities of the state in this direction include the definition of mandatory requirements, their proper implementation and the application of sanctions. All these processes are carried out through technical regulation. It is important to apply technical regulation in every sector of the economy. This importance plays a special role in the energy sector, which is closely linked to all sectors of the economy, and differs even more. In this regard, the role and importance of technical regulation in increasing the efficiency of the energy sector in the research work is highlighted.

scholarly journals PUBLIC ADMINISTRATION IN DEVELOPMENT OF THE PROCEDURE OF THE SECURING A CLAIM

2020 ◽  
Vol 6 ◽  
pp. 635
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The State ◽  
Policy Planning ◽  
Induction Method ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Systematic Improvement ◽  
The Republic

The Ministry of Justice of the Republic of Latvia is a leading public administration in the justice sectors and plays an important role in the development of the procedure of the securing a claim. Topicality and novelty of the research are reflected in the fact that until now in the legal doctrine weren’t made depth and extensive researches of the role of public administration in solving problems of the securing a claim. The aim of the research is to carry out an assessment of the activities of the Ministry of Justice in the development of the securing a claim. In the present research, using the analytical, descriptive and deduction/induction method, were analysed the normative acts, legal policy planning documents, annotations of draft amendments to the Civil Procedure Law, etc. Results: actions of the Ministry of Justice to develop the securing a claim sometimes are chaotic. Conclusions: in order to achieve the defined objectives of the institute of the securing a claim, the state should pay attention to the systematic improvement of current civil procedural regulation. 

scholarly journals Functions of constitutional and legal responsibility: problems of conceptualisations

2020 ◽  
pp. 100-104
Author(s):  
Nataliia Batanova
Keyword(s):  
Constitutional Law ◽  
Academic Discipline ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Rights ◽  
Constitutional Order ◽  
Object Composition ◽  
Characteristic Features ◽  
The One ◽  
Definition Of

The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc. The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfilment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

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