scholarly journals Slovak Criminal Justice and the Philosophy of Its Privatization: An Appropriate Solution of Problems of Slovak Justice in the 21st Century?

2020 ◽  
Vol 9 (2) ◽  
pp. 13
Author(s):  
Bystrík Šramel ◽  
Ján Machyniak ◽  
Dušan Guťan
Keyword(s):  
Criminal Justice ◽  
Legal System ◽  
Slovak Republic ◽  
Legal Regulation ◽  
The State ◽  
Traditional Values ◽  
Plea Bargain ◽  
Basic Functions ◽  
Severe Punishment ◽  
The Individual

The authors of the paper deal with the philosophy of the privatization of elements of criminal justice, which in the last decades influenced the development of criminal justice in European countries, including the Slovak Republic. The philosophy of privatization in relation to criminal justice represents a wider acceptance of the individual interests of the subjects of criminal procedure. It is the strengthening of powers of the parties to the proceedings and at the same time the entrusting of criminal dispute solution to their own hands. Therefore, the aim of the paper is to examine the expanding philosophy of privatization of the Slovak criminal justice system (the so-called negotiating procedure, a.k.a. plea bargain agreement) which, with the aim of facilitating and simplifying the resolution of a criminal case, has brought the possibility of negotiating with the State the conditions for admitting the guilt of the accused, in exchange for imposing a less severe punishment. However, the aim of the paper is not only to examine the current legal regulation of this expanding phenomenon but also to show its seamy sides and to present comprehensible and reasonable legal opinion relating to its suitability. In the paper, the authors, therefore, deal with the question of whether the philosophy of privatizing the criminal justice is in compliance with the traditional values of the continental legal system. At the same time, they try to answer whether the philosophy of the so-called negotiated justice is not contrary to the fundamental principles of criminal justice. In the paper, the authors also ask questions like: Can the punishment be subject to negotiating? Is it justified on the ground of the society’s morality and fundamental values of the legal system if the State negotiates with the perpetrators of crime the conditions of their confession and the length of the punishment? Does the negotiated punishment fulfill its basic functions (preventative, repressive, protective, moral condemnation by society)?

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

Trends and Problems of Legal Regulation of Relationships between State and Business

10.12737/7245 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Андрей Габов ◽  
Andrey Gabov
Keyword(s):  
Legal System ◽  
General Result ◽  
Civil Law ◽  
Legal Regulation ◽  
The State ◽  
Evidence Based ◽  
Present Stage ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
State Relations

This article analyzes some important trends and issues in the development of legal regulation of relations between the state and business. The article noted the main negative trends and challenges in the development of legislation at the present stage: the increasing instability of legal regulation; lack of priorities and evidence-based forecast, the consistency of decisions etc. These trends are accompanied by comments and examples from recent changes in the civil law. It is noted that the General result of all these negative trends is the increasing uncertainty of legal regulation, reducing its effectiveness. It is noted that the shortcomings of our legal system in part of state relations and business at the present stage amplified two significant external challenges: the creation of a Eurasian economic Union (EEU) and participation in the WTO; the adoption of a number of States sanctions against Russia in connection with the known events in Ukraine.

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals State management of scientific and scientific-technical activity in the Russian Federation on the example of the preparation and adoption of the system of scientific specialties

2018 ◽  
Vol 5 (4) ◽  
pp. 397-410
Author(s):  
V. V. Omel’chenko
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Classification System ◽  
Legal Regulation ◽  
The State ◽  
State Management ◽  
Scientific Technical ◽  
Basic Functions ◽  
The Russian Federation

This article is a further continuation of the work on the review of the foundations of public administration of the use of national resources in relation to the field of scientific and state scientific and technical activities in the Russian Federation. The basic functions of the state management of scientific and technical activity are considered from the system positions, the analysis of the existing legal regulation of preparation and acceptance of system of scientific specialties on which scientific degrees are awarded is carried out, system shortcomings of the approved nomenclature of scientific specialties on which scientific degrees are awarded are revealed. The substantiation of the classification system for “Nomenclature of scientific specialties for which scientific degrees are awarded” is carried out.

scholarly journals Basic approaches to understanding the concept of the legal system

2020 ◽  
pp. 24-26
Author(s):  
Andrii TALYMONCHYK
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Main Function ◽  
Law And Order ◽  
Basic Approaches ◽  
Theory Of Law

Introduction. The article analyzes the methodology of the legal system research. The basic approaches to understanding the concept of the legal system as an autonomous, coherent and coherent set of legal phenomena, aiming to comprehend social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, in particular, the state of law and order. The position of eminent scientists is supported according to which the legal system is considered from the point of view of the functions it performs, and in particular its main function - legal regulation. The legal system is a fundamental category of the theory of law and the state and law in general. Thus, according to some researchers, it includes all legal phenomena, in particular: the system of law and law, justice and legal culture, law and order, etc. In view of this, the legal system has been and is the object of much basic research. The purpose of the paper is to reveal the main approaches to understanding the concept of legal system. Results. An active study of the legal system as a phenomenon began in the 80s of the last century. Since then, several approaches to understanding the legal system have emerged in domestic jurisprudence. Proponents of the first approach include in the concept of the legal system is not an exhaustive list of elements. This position is based on understanding the legal system as a complex of all legal phenomena of a particular society. Representatives of the second approach provide a comprehensive list of elements of the legal system. However, for the most part, such scientists do not specify the criteria for selecting such elements. Today's understanding of the legal system must be free from unnecessary elements that are alien to the legal system. In this case, it is a so-called "legal" or "legal" add-on. It was this alien element that artificially burdened the construction of the legal system as a phenomenon in the Soviet period. However, this element is still included in the legal system in modern scientific literature. Conclusion. The legal system is an autonomous, coherent, coherent set of legal phenomena, the purpose of which is to comprehend the social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, and in particular the state of law and order.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

International Criminal Law

1985 ◽  
Vol 20 (2-3) ◽  
pp. 206-242 ◽  
Author(s):  
Yoram Dinstein
Keyword(s):  
International Law ◽  
Legal System ◽  
The State ◽  
International Criminal Law ◽  
Human Being ◽  
Human Beings ◽  
Corporate Entity ◽  
The Veil ◽  
The Individual ◽  
Individual Human

The individual human being is manifestly the object of every legal system on this planet, and consequently also of international law. The ordinary subject of international law is the international corporate entity: first and foremost (though not exclusively) the State. Yet, the corporate entity is not a tangible res that exists in reality, but an abstract notion, moulded through legal manipulation by and within the ambit of a superior legal system. When the veil is pierced, one can see that behind the legal personality of the State (or any other international corporate entity) there are natural persons: flesh-and-blood human beings. In the final analysis, Westlake was indubitably right when he stated: The duties and rights of States are only the duties and rights of the men who compose them.That is to say, in actuality, the international rights and duties of States devolve on human beings, albeit indirectly and collectively. In other words, the individual human being is not merely the object of international law, but indirectly also its subject, notwithstanding the fact that, ostensibly, the subject is the international corporate entity.

scholarly journals ESSENCE OF SOCIAL INSURANCE, ITS ROLE AND PLACE IN THE SYSTEM OF SOCIAL PROTECTION OF THE POPULATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 198-203
Author(s):  
G. B. Akhmetzhanova ◽  
N. M. Mussabekova ◽  
T. E. Voronova ◽  
B. Amangul ◽  
R. V. Grigorieva ◽  
...  
Keyword(s):  
Public Relations ◽  
Social Insurance ◽  
Social Protection ◽  
Private Property ◽  
Legal Regulation ◽  
The State ◽  
Vulnerable Groups ◽  
The Social ◽  
The Creation ◽  
The Individual

This article discusses the formation of the social protection system in the Republic of Kazakhstan and its component such as social insurance, the place and role of the Head of State - the Leader of the Nation in the implementation of these reforms in Kazakhstan. The essence, goals, principles of social insurance were determined in this article. The points of view of the scientists and experts were studied. The interpretation of the social insurance, comparative analysis of the concepts of social security, social assistance, benefits and compensation was researched. The state could not stay out of this complex process and began to actively participate in it. Moreover, this participation has been carried out in two directions. The first is the creation of the state insurance system, which either protects the states’, mainly property interests, or protects certain socially vulnerable groups of the population. The second is the creation of the mechanism for legal regulation of insurance relations as the special group of the public relations. In the legislation of any country extensive block called legislation on insurance. In the market economy, based on the private property, the main driver of insurance is the desire of the owner to protect his property. At the same time, the growth of welfare causes the individual to take care of himself, which expands the scope of personal insurance.

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