ON THE NEED FOR REFORMING THE STATE SYSTEM OF FREE LEGAL ASSISTANCE

2020 ◽  
pp. 91-96
Author(s):  
Olga V. CHUMAKOVA ◽  
Keyword(s):  
The State ◽  
State System ◽  
Legal Assistance

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 14-18
Author(s):  
V.F. Obolentsev
Keyword(s):  
Rule Of Law ◽  
Systems Engineering ◽  
System Analysis ◽  
Civil Liberties ◽  
System Engineering ◽  
The State ◽  
State System ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
The Law

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals ALGEBRA* VIOLENCE ALGEBRA CRATY

2020 ◽  
pp. 12-23
Author(s):  
Vadym Chuiko ◽  
Valerii Atamanchuk-Angel
Keyword(s):  
Sustainable Development ◽  
Direct Product ◽  
The State ◽  
State System ◽  
The Other ◽  
Philosophical Thought ◽  
Human Culture ◽  
Full Responsibility ◽  
Abstract Notion ◽  
Almost All

Almost all philosophy about the state system has concentrated on the authorities. Any function of the state can be represented as a superposition of the functions of violence / coercion. Ultimately, the state appears to be a kind of plurality of subjects with a definite crater power / coercion / violence operation on it. The algebra of trust on the multiplicity of owners of themselves, endowed with free future, is each of them is only a part of nature, еру carrier of the part of the general human culture, and for their completeness, they have and understand the need for the Other. This is the philosophy of solving political, environmental, and climate challenges not through violent / voluntaristic methods, but by the recognition of sovereign rights and the search for ways to achieve sustainable development. Any cracy / power / coercion / violence must be separated from the models of society, the state. Public agreement is not an agreement with the abstract notion of the state, but an agreement with definite elected people who have gained the trust of those to whom they temporarily render their services. Contract is temporary, limited by period, with obligatory full responsibility of the parties. Scientific novelty. For more than two thousand years, long before Aristotle and Plato, European philosophical thought, reflecting on the structure of society, wanders in the labyrinths of kratia. Modern achievements of mathematics provide an opportunity to build ideal political objects, and a direct product of material and ideal government building. (Example of a trust algebra [4].)

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FILM INDUSTRY IN UKRAINE AND ITS PROBLEMS

2019 ◽  
pp. 101-106
Author(s):  
K.R. Koroshchenko
Keyword(s):  
Spiritual Development ◽  
Significant Contribution ◽  
Film Industry ◽  
Legal Regulation ◽  
The State ◽  
Legal Assistance ◽  
High Quality ◽  
Quality Product ◽  
The Future ◽  
Global Perception

The article is devoted to the topic of cinema development in Ukraine and the role of state aid in the development of the film industry. Much effort is required to develop cinematography, mainly from the state in the form of material and legal assistance. In order for the film industry to start productive activities, it is beneficial for the Ukrainians who have something to look at, as well as for the state, which will have an income to the state budget. The film industry is an important component of the cultural sphere. Cinema helps the individual to escape from problems, to plunge into another reality. In the 21st century, cinema is not a way to have fun, but a source for the beginning of thinking, analysis, and cognition. The movie industry is a powerful lever for the country’s development. Much effort is required to develop cinematography, mainly from the state in the form of material and legal assistance. To date, the cinema industry in Ukraine needs to solve the existing problems. The main problem is concentrated in the structures that receive state financial aid and misuse it. It is impossible to say that the developed film industry is the lion’s share of the country’s budget. To produce high-quality tapes is beneficial not only for the economy but also for the global perception of Ukraine as a state that is able to move forward in all areas. The development of the film industry is a significant contribution to the spiritual development of the nation, as well as the opportunity for the future international recognition and perception of domestic cinema as another quality product from Ukraine. It is impossible to say that the developed film industry is the lion’s share of the country’s budget. To produce high-quality tapes is beneficial not only for the economy but also for the global perception of Ukraine is a state that is able to move forward in all areas. The development of the film industry is a significant contribution to the spiritual development of the nation, as well as the opportunity for the future international recognition and perception of domestic cinema as another quality product from Ukraine. Keywords: cinematography, film industry, administrative regulation, legal regulation, cinema product, financing.

scholarly journals Terror as a Tool of Stalin’s Rule Book Review: Syrykh VM. The Legal Nature of Stalin’s Terror: In Compliance with the Directives of the Party, but Contrary to the Law. Moscow: Yurlitinform Publ.; 2020

Lex Russica ◽  
2021 ◽  
pp. 146-155
Author(s):  
V. G. Baev ◽  
A. N. Marchenko
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
The State ◽  
State System ◽  
Legal Scholar ◽  
Soviet People ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legal Theorist

The paper provides for a critical analysis of the monographic work by famous Marxist legal scholar, Doctor of Law, Professor, Honored Scientist of the Russian Federation Vladimir M. Syrykh. As known, there are a lot of works investigating the crimes of Stalinist politics based on open sources that have become available to scientists. Prof. Syrykh cultivates a different, legal view of the activities of Stalinist leadership. As a legal theorist and methodologist, he set himself the goal of analyzing the legal nature of Stalin’s repressive policies and his associates in the 1930s-1950s. The researcher concluded that Stalin’s leadership in the process of building the socialist state turned away from the requirements of the constitution and Soviet legislation, acted contrary to law, replacing it with Directives, which can be qualified as undermining the state system.Reviewers praise the work by Vladimir M. Syrykh, sharing many of his submissions. As reviewers see, the author’s intention was to purge the very idea of socialism from the distortions and perversions brought by Stalin. According to the author, Stalin perverted the creative nature of Marxism and Lenin’s legacy. However, the authors of the review indicate that the policy of terror against the Soviet people coincides with the period of Stalin’s rule, which gives grounds to Prof. Syrykh opponents to claim: 40 years of socialist construction involved violence, coercion and killing thousands of people. The book under review is written to counter such claims.

PRISON TALK: THE MUSLIM BROTHERHOOD'S INTERNAL STRUGGLE DURING GAMAL ABDEL NASSER'S PERSECUTION, 1954 TO 1971

2007 ◽  
Vol 39 (3) ◽  
pp. 433a-433a
Author(s):  
Barbara Zollner
Keyword(s):  
Muslim Brotherhood ◽  
The State ◽  
State System ◽  
Joint Project ◽  
Organizational Reform ◽  
Ideological Discourse ◽  
History Of ◽  
The Muslim Brotherhood ◽  
Internal Struggle ◽  
Number Of Authors

This article investigates the history of the Muslim Brotherhood from 1954 to 1971, when thousands of its members were imprisoned and tortured in Gamel Abdel Nasser's prisons. The period is marked by intervals of crisis, attempts at organizational reform, and ideological discourse, which was prompted by Sayyid Qutb's activist interpretation. However, the Muslim Brotherhood finally developed a moderate ideology, which countered radical Islamist leanings growing within its midst while remaining loyal to Qutb's legacy. This centrist approach to Islamist activism and opposition is epitomized by Duءat la Qudat, which was composed by a number of authors and issued in Hasan al-Hudaybi's name. Written as a joint project of leading Brothers and al-Azhar scholars, the text is evidence of the first steps toward reconciling with the state system during Nasser's presidency.

Sign in / Sign up

Export Citation Format

Share Document