scholarly journals Determination of the criteria of destructiveness in the activities of new religious movements (theoretical and legal aspect)

2021 ◽  
Vol 26 (4) ◽  
pp. 209-215
Author(s):  
Vera B. Romanovskaya ◽  
Bika A. Immayeva
Keyword(s):  
Legal Aspect ◽  
Social Activity ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Religious Associations ◽  
Legitimate Interests ◽  
Conducting Research ◽  
The One ◽  
Health Rights

The confessional composition of modern society is characterised by great diversity. In addition to traditional religious organisations, new (non-traditional) religious and socio-spiritual movements operate in it, representing a whole spectrum of religious, quasi-religious and pseudo-religious cults, whose teachings and practices can be both destructive and constructive. In carrying out legal regulation of the activities of religious associations, the state must, on the one hand, ensure the freedom of conscience and religion guaranteed by the Constitution, and on the other hand, protect society from destructive cults that can harm morality, health, rights and legitimate interests of citizens, the constitutional order and security of the state. Therefore, one of the most important tasks of modern social sciences, including legal ones, is the study of the spiritual «temperature» of society; conducting research aimed at identifying the causes of negative and positive processes occurring in the spiritual sphere of society, as well as determining the specifics of non-traditional religiosity as a special form of social activity. Based on the analysis and interpretation of rich empirical material, the authors formulated a list of criteria by which one can separate destructive (totalitarian) sects from new religious or intellectual (spiritual) movements of a positive nature. The proposed list of criteria can be used by law-making and law enforcement bodies in the framework of improving the legal regulation of the activities of religious associations and building state-confessional policy in general.

scholarly journals ELECTRONIC ADMINISTRATION OF VALUE ADDED TAX: LEGAL ASPECT

2021 ◽  
Author(s):  
Andrii Lohvyn
Keyword(s):  
Information Technologies ◽  
Legal Aspect ◽  
Value Added ◽  
Legal Regulation ◽  
Structural Features ◽  
State Regulation ◽  
The State ◽  
Value Added Tax ◽  
The One ◽  
Electronic Administration

The author of the article explores the legal aspect of the system of electronic administration of value added tax, in particular, the legal regulation of some issues of electronic accounts (operations on them). The development of modern information technologies and their wide implementation in the mechanisms of state (power) management contributes to the emergence of new economic and legal relations, including those regarding taxes and fees. The mentioned above applies to the administration of value added tax. At the same time, one of the mandatory structural features of the state is the taxation system because one of the goals of state regulation is the system of taxes and fees administration, within which, on the one hand, the collected taxes should be sufficient to ensure the fulfillment of tasks and to perform the functions facing the state, and on the other hand, the burden of the tax procedure should not be excessive for a taxpayer. In turn, the main legal issues of the tax sphere mainly involve determining and effective ensuring the limits of freedom and necessity in the behavior of tax entities through relevant legal, legislative norms, in the protection of property rights of individual payers and public interests that are implemented in the financial and tax activities of the state. A sufficiently wide attention has been paid to this process since the introduction of the electronic administration of value added tax. Thus, there arises a need for further scientific research into the introduction of electronic administration of value added tax, especially its legal regulation, including the operations with electronic accounts. The article analyzes the current state of regulatory consolidation of the procedure for the operation of electronic accounts, in particular, those related to transactions on their replenishment (receipt of funds) and return of overpaid funds, as well as the impact of such transactions on the registration limit. This made it possible to identify problematic issues of a legal nature, which lead to a violation of balance in relations between a taxpayer and the budget system, to find the ways to solve them and draw scientifically based conclusions on the outlined problems.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

PECULIARITIES OF DEVELOPMENT AND LEGAL REGULATION OF ACTIVITY OF STATE-OWNED ENTERPRISES IN RUSSIA IN THE 17th – THE 21st CENTURIES

2018 ◽  
pp. 149-154
Author(s):  
Denis Viktorovich SHEPELEV ◽  
Dina Viktorovna SHEPELEVA
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Domestic Legislation ◽  
Regulation Of Activity ◽  
Legal Structures ◽  
Legitimate Interests ◽  
Modern Economic ◽  
Commercial Organizations ◽  
State Defense

The peculiarities of the historical way of development of state-owned enterprises and the expression of their legitimate interests in obtaining profit are considered. That acquires the actual aspect taking into account modern economic realities and market conditions. The development of social values that make up the legal culture of society is dynamic with the market and economy development. The existence on the market of such public legal structures as state-owned enterprises allows the state simultaneously to make profit and realize specific, sometimes unique goals and objectives, such as the implementation of separately subsidized activities, chemical and military industries. By their legal nature, state-owned enterprises have the purpose of making a profit and are commercial organizations. The concept of “state-owned enterprise” had not been directly fixed in the domestic legislation until the adoption of the Civil Code of the Russian Federation. Such formulations as “state-owned factories”, “state-owned plants” were typical for state-owned enterprises in the pre-revolutionary period. In this regard the use of the term “state-owned enterprises” was applicable to all state-owned industry. In Soviet legislation the term “enterprise” was used without specifying the characteristics that reflect their state nature. It is concluded that the historical way of state-owned enterprises formation in Russia has passed a rather long and complicated process from the point of view of ownership, but the essence and historical purpose of the creation have not changed – it is the state defense and industry maintenance.

scholarly journals The role of legal communication in ensuring human rights

2020 ◽  
Vol 11 (11) ◽  
pp. 146-150
Author(s):  
Makeieva O.
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
Space Forms ◽  
Legal Communication ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Modern Information

The article examines the role of legal communication in ensuring human rights. It is noted that the study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. Legal communication acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. According to recent research, the doctrine of human rights is developing on the basis of an interdisciplinary approach to such sciences as philosophy, theory and history of state and law, political science, linguistics, information theory and more. The introduction of information and communication technologies in all spheres of society presupposes the study of the communicative properties of law, in particular legal communication. Given the increased attention to the problems of the effectiveness of law, the definition of its functional purpose, there is a need to study the role of legal communication in ensuring human rights. Human rights are a common value of civil society and the state, they determine their relationship, and ensuring the implementation and protection of human rights is their common task. A manifestation of such interaction is the legal communication between the state and civil society. The study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. The renewal of legal relations, first of all between the state and society, requires scientific substantiation and introduction of new forms of communication. Legal communication in this case acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. At the stage of transition to the information and legal society, the relationship between legal communication and legal regulation changes. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. Іt is proved that legal communication contributes to the formation of legal values in the modern information space, a positive perception of law, the formation of the legal consciousness of the subjects of communication, the improvement of the legal mechanism for the protection of human rights. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. The effectiveness of legal communication in ensuring human rights is ensured by observance of the principles of the rule of law, legality, publicity, democracy, and universality. Keywords: human rights, legal communication, information society, information security.

scholarly journals Legal regulation analysis of energy efficiency in the Republic of Serbia

2020 ◽  
Vol 10 (2) ◽  
pp. 75-80
Author(s):  
Aleksandra Ilić-Petković ◽  
Jelena Malenović-Nikolić
Keyword(s):  
Energy Efficiency ◽  
Renewable Energy ◽  
Renewable Energy Sources ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Energy Sources ◽  
Economic Interests ◽  
The Republic ◽  
Mere Existence

Sustainable development, as a generally accepted concept of modern society, implies the protection of the environment as one of the basic goals. This goal is achieved, among other things, through the use of renewable energy sources and energy efficiency. The improvement of energy efficiency and application of renewable energy sources should be incorporated while preserving the economic interests of the state. In order to harmonize these interests, the state must introduce the policy in the field of energy, which will simultaneously take care of both the environment and the economy. Among the most important instruments of such a policy are legal regulations. The Republic of Serbia has an extensive and thoroughly structured system of regulations in the field of energy efficiency. The mere existence of regulations in this area is not enough. It is only a necessary precondition for their consistent application, as well as control of the application by inspection bodies.

scholarly journals LEGITIMATE PERMISSIONS AND SPECIFITY OF THEIR ENFORCEABILITY IN MODERN RUSSIA

2014 ◽  
pp. 180-187
Author(s):  
V. Subochev ◽  
A. Sheriev
Keyword(s):  
Qualitative Difference ◽  
Legal Regulation ◽  
The State ◽  
Northern Caucasus ◽  
Legal Rights ◽  
Legal Enforcement ◽  
Legitimate Interest ◽  
Legitimate Interests ◽  
Russian Law ◽  
Legal Right

Northern Caucasus Institute of Advanced Training (branch) of Krasnodar University of Ministry of Internal Affairs of Russia, 123, Malbahova Street, Nalshik, 360016, Russia. Abstract: The article investigates the basic legal permissions in Russian law - legal rights, freedoms and legitimate interests. Potential of these means of legal regulation is examined as well as their common features and essential differences. Authors argue that the effectiveness of the mechanism of legal regulation largely depends on the proper use of legal permissions. Particular attention is paid to such kind of legal mean as a legitimate interest. The article draws attention to the fact that if a legal right or freedom are such kind of permissions which are guaranteed by the law in order to sustain certain demands of subjects of law, the legitimate interest is qualitatively different mean of regulation. The authors suggest considering a legitimate interest as reflected in the objective law legal possibility of subjects of law to enjoy certain social benefits and to seek protection from the state authorities in order to meet their interests which are not contradictory to provisions of law. Qualitative difference between legitimate interest and legal right and freedom is that the legitimate interest is an opportunity, guaranteed to a lesser extent than the permitted behavior within a legal right or freedom. Legitimate interest is a mere permission, admitted by the state and to some extent supported by it. But legal right and freedom - are those means of regulation, which are directly approved and sanctioned by the state which presuppose duty of a person to a particular behavior. The author's vision of the specifity of legal enforcement of legitimate admissions is presented.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

Human rights violations by war crimes: Theory and practice

2021 ◽  
Vol 28 (4) ◽  
pp. 270-278
Author(s):  
Volodymyr P. Pylypenko ◽  
Khrystyna T. Sliusarchuk ◽  
Pavlo B. Pylypyshyn ◽  
Svitlana V. Boichenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Modern Society ◽  
War Crimes ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Human Rights Violations ◽  
Legitimate Interests ◽  
Legislative Amendments ◽  
Comprehensive Study

This paper provides a comprehensive study of theoretical and practical issues of violation of human rights by war crimes, protection of legitimate interests of individuals in national and international law as a result of such violation. The purpose of this study is a comprehensive analysis of theoretical and applied issues related to the protection of violated rights and legitimate interests of individuals in public international law as a result of the commission of war crimes, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. The paper analyses the current scientific opinions and legislation on the regulation of illegal acts and liability for damage caused to victims as a result of violation of human rights and fundamental freedoms by war crimes. Furthermore, the existing forms, methods, and means of protecting the rights and legitimate interests of such persons in Ukraine and in the international arena were determined. The paper also provides a comprehensive study of the existing concept, legal nature and main features of war crimes and their legal regulation in Ukrainian legislation. Legislative amendments to the regulations governing this issue are proposed and the study justifies the position regarding the existence of an exclusively judicial procedure for resolving issues of human rights violations by war crimes, the result of which should be the adoption of a court decision. As a result of the study, the current scientific statements and achievements are clearly identified, as well as those that have emerged due to the constant development of public relations and substantial changes in international relations of various states, which causes armed conflicts and war crimes. One of the achievements of the scientific study is the proof of the importance of the problem of violated human rights in modern society and the extreme need for its research. After all, modern legislation requires substantial changes and improvement of the existing provisions with the subsequent possibility of their practical application

scholarly journals MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS

2020 ◽  
Vol 1 (9) ◽  
pp. 69-74
Author(s):  
Oleksii Dniprov ◽  
Keyword(s):  
Rule Of Law ◽  
Public Management ◽  
Decisive Role ◽  
Legal Regulation ◽  
The State ◽  
Political Life ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Administrative Procedure ◽  
Legitimate Interests

The article is devoted to the analysis of the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals. It is noted that the analysis of this mechanism should be carried out through the prism of the study of such legal categories as "appeals", "procedure", "administrative procedure", "administrative procedure for consideration of citizens' appeals". It turns out that administrative procedure for consideration of citizens' appeals is a procedure regulated at the legislative level by an authorized entity (competent public authority) for actions that consist in consideration, in the terms determined by the legislation, relevant proposals (comments), statements (petitions) or complaints and notifications of persons who have applied to a public body about the results (consequences) of consideration of their application. It is proposed to understand the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals as a set of legally defined means by which the state, represented by authorized subjects of public administration, exercises public management influence on legal relations aimed at protecting the rights and legitimate interests of individuals and also, if necessary, for their restoration, which is carried out in order to ensure the rule of law as a legal regime of socio-political life in the state. It is indicated that when studying the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals, its elements should be given a decisive role. In the framework of this study, such structural elements as the rule of law and subjects were considered. It is proposed to divide the subjects acting as participants of administrative and legal relations concerning the address of citizens into two groups: obligatory and optional. It is determined that the obligatory subjects should include individuals who submit an application and the entity that reviews the application; to optional – persons in whose interests the appeal is filed, persons whose actions or omissions are challenged; persons who facilitate the consideration of the appeal.

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