scholarly journals The prosecutor's judicial protection of public interests in the use and protection of specially protected natural territories as a complex area of prosecutorial activity

2021 ◽  
Vol 27 (4) ◽  
pp. 192-197
Author(s):  
Svetlana V. Berdinskikh
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Complex Nature ◽  
Public Interests ◽  
Judicial Decisions ◽  
Theoretical Approaches ◽  
Administrative Proceedings ◽  
Judicial Protection ◽  
Specially Protected Natural Territories

The article deals with the topical issue of highlighting the complex direction of prosecutorial activity – the protection by the prosecutor in court of public interest in the use and protection of specially protected natural territories based on the scope of legal relations and the purpose of the activity. Taking into account the available theoretical approaches, the author proves that three criteria are basis for the allocation: 1) the complex nature of the legal regulation of the sphere of use and protection of specially protected natural territories; 2) the need to adopt a set of means of prosecutorial activity for violations of the regime of use and protection of specially protected natural territories in court; 3) the unity of the factual circumstances to be established in criminal, civil, arbitration, administrative cases, cases of administrative offences on the facts of violation of the regime of use and protection of specially protected natural territories, which in turn allows, firstly, the collected evidence to be used in criminal, civil, arbitration, administrative proceedings, in proceedings on administrative offences (respectively, unified approaches to collecting and fixing evidentiary information are required), secondly, the prejudice of judicial decisions. The allocation of an integrated direction makes it possible to improve the quality of the organisation and implementation of judicial protection of public interest in the use and protection of specially protected natural territories.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals FUNCTIONS OF MEASURES OF ENSURING A CLAIM IN ADMINISTRATIVE PROCEEDINGS

2021 ◽  
Vol 13 (3) ◽  
pp. 35-40
Author(s):  
Taras Tur ◽  
Keyword(s):  
System Analysis ◽  
Special Functions ◽  
Regulatory Control ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
Judicial Protection

The functions of measures to ensure a claim in administrative proceedings are considered. Using the methodology of system analysis of legal phenomena, approaches to understanding the category of legal science "functions of ensuring an administrative claim" in the context of the implementation of guarantees for the protection of rights, freedoms and legitimate interests in administrative proceedings are described. At the general theoretical and methodological levels, the general and special functions of ensuring an administrative claim in the context of the Code of Administrative Procedure of Ukraine and the legal positions of the Supreme Court of Ukraine are distinguished and characterized. The general functions include system formation, information-oriented, security, goal setting, motivational, epistemological, educational, social control ones. The special functions of measures of ensuring the claim include such functions as guaranteeing judicial protection; ensuring compliance with the requirements of the administrative plaintiff; prevention of damage; restrictive; promoting effective judicial regulatory control; regulatory; compensatory; law enforcement; suspension of activity or action. The effectiveness of the legal norms regulating measures to ensure an administrative claim depends on the effectiveness and quality of the content. The criteria for the effectiveness and quality of the functions of ensuring an administrative claim include: validity, correctness, optimality, normativeness, mandatory nature, completeness, specificity. The study of the nature and process of implementation of the functions of measures to ensure a claim in the administrative proceedings allows to reveal in more detail their systemic and dynamic, structural qualities, role and place among other means of influence in resolving administrative disputes.

scholarly journals The concept and legal nature of surrogacy

2021 ◽  
Vol 39 (3) ◽  
pp. 103-108
Author(s):  
L. V. Zarapina ◽  
◽  
N. Y. Belokopytova ◽  
O. V. Dyachenko ◽  
◽  
...  
Keyword(s):  
Legal Regulation ◽  
Medical Intervention ◽  
Russian Society ◽  
Surrogate Motherhood ◽  
Theoretical Approaches ◽  
Legal Nature ◽  
Genetic Parents ◽  
Definition Of ◽  
Rule Out

The article examines in the context of the current legislation the theoretical approaches to the definition of the concept of surrogacy, its legal nature, as well as the problems of legal regulation of the institution of surrogacy that arise in law enforcement practice. It is concluded that the institution of surrogate motherhood should be considered as an indirect medical intervention, which consists in performing medical manipulations with the mental state of a person, and has a rehabilitative orientation. When studying the problem of determining the legal nature of surrogacy, the authors note that it is determined by the purpose of the institution under study – to overcome and cure infertility through the prism of improving the quality of life. The authors conclude that the Russian society has an ambiguous attitude to the institution of surrogacy, and the validity of its existence in Russia is disputed. The authors do not rule out a possible shift in the legal regulation in favor of genetic parents in the future, but to do this, Russia needs to streamline the legal regulation in this area.

scholarly journals EDUCATIONAL SERVICES: BASIC THEORETICAL APPROACHES

2021 ◽  
Vol 1 (45) ◽  
pp. 98
Author(s):  
O. Vorobyova
Keyword(s):  
Higher Education ◽  
Key Words ◽  
Empirical Research ◽  
Services Quality ◽  
Well Being ◽  
Educational Services ◽  
Complex Nature ◽  
Theoretical Approaches ◽  
Cultural Component

The article presents the results of empirical research on the main theoretical approaches to the concept of educational services. It is determined that the concept of educational services in the system of higher education has certain features in terms of interpretation and adaptation of accordingly defined goals, functions and approaches. After all, educational services have an economic, social and cultural component. Therefore, we can conclude about the complex nature of educational services, namely: as a symbiosis of public and personal well-being. The specifics of educational services are also determined, including the impossibility of demonstrating educational services; inability to allocate educational services; ability to change; storage is impossible; lack of sole ownership; long performance; receiving deferred benefits. Key words: higher education; educational services; quality of educational services.

Civil legal regulation of interest of intellectual property law

2020 ◽  
pp. 105-112
Author(s):  
Ivanna Babetska ◽  
Iryna Turchak
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Property Law ◽  
Public Interests ◽  
Intellectual Property Law ◽  
Legitimate Interest ◽  
Private And Public

Purpose. This paper focuses on the definition of «legally protected interest» and clarifying questions about its structure. In this article substantiate the idea about the main role of interests in law, realize the classification by different criterion. This article is devoted finding out of question about correlation of such key normative categories as «right (equitable right)» but «legal interest», and also by a «legitimate interest». The article examines the legal nature of private and public interests in the field of intellectual property. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the research the concept of "private and public interest in intellectual property law" is defined. It is proved that private interest is defined as "the interest of individuals and social groups protected by the state", public interest is defined as "recognized by the state and secured by the interest of the social community, the satisfaction of which serves as a condition and guarantee of its existence and development." Scientific novelty. In the course of the research it was established that when it comes to ensuring the balance of public and private interests of the parties in copyright, it means, among other things, the introduction of special norms of free use of works in international and national law. The problem of interaction of private and public interests in the legal regulation of intellectual property relations requires further thorough detailed research to determine the mechanism and methods of protection of these interests. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

scholarly journals Some features of criminal law relations in the field of border security of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 183-188
Author(s):  
O. B. Ganba
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
The State ◽  
Border Security ◽  
Law And Order ◽  
Public Interests ◽  
Specific Species

The article identifies separate features of criminal law relations in the field of border security of Ukraine. It is emphasized that the strengthening of existing and emergence of new threats in the field of national security of Ukraine, in particular, the exacerbation of certain problems of integrated border management, necessitates further rethinking and improving criminal relations in the field of border security of the state. Features of these legal relations are considered by us through the prism of specific species and scientific ap-proaches to their characteristics.It is substantiated that, taking into account the specifics of the sphere of legal regulation, the protective criminal relations, which are specific social relations that arise on the basis of the norms of criminal law between the state and a person who commits a concrete crime, enforcing the border security of Ukraine and which is realized in the form criminal liability or exemption from criminal liability.It is emphasized that an exceptional feature of the investigated legal relationship is their subject composition, due to which their specific characteristics are distinguished. Accordingly, a list of subjects of both regulatory and security criminal relations in the field of border security of Ukraine is determined.Depending on the entity, it is proposed to divide crimes to such that servicemen and employees of the State Bor-der Guard Service of Ukraine, as well as other security sector and defense bodies; crimes that are committed by third parties, which are unlawful of which is related to the field of the border security of the state. Comparison of these groups of crimes reflected in statistical data on the results of operative-service activities of the State Border Guard Service of Ukraine for 2018, 2019 and 2020, clearly forms the idea of law and order and legality, the level of quality of criminal-legal regulation of relations in the investigational area, as well as about the state of protecting the state and public interests of Ukraine as a whole.

scholarly journals On the issue of the limits of the prosecutor's activity for the protection of public interest in the sphere of use and protection of specially protected natural territories in court

2021 ◽  
Vol 26 (4) ◽  
pp. 243-248
Author(s):  
Svetlana V. Berdinskikh
Keyword(s):  
Protected Areas ◽  
Public Interest ◽  
Unified Approach ◽  
Legal Proceedings ◽  
The Russian Federation ◽  
Points Of View ◽  
Definition Of ◽  
Judicial Protection ◽  
Specially Protected Natural Territories ◽  
Selection Of

The article deals with the topical problem of determining the limits of the cross-complex non-Supervisory direction of the Prosecutor's activity for the protection of public interest in the sphere of use and protection of specially protected natural territories (hereinafter – protected areas). In accordance with the law, protection is provided by the Prosecutor in all types of legal proceedings – constitutional, criminal, civil, arbitration, administrative, including proceedings on administrative offences. The precise definition of the limits of the Prosecutor's activity under study is necessary for the formation of a unified approach to the optimal organisation of work, the implementation of all the powers granted to the Prosecutor and the selection of adequate means of prosecutorial response for effective judicial protection of public interest in the use and protection of protected areas. The author analyses the provisions of Federal legislation and organisational and administrative documents of the Prosecutor General of the Russian Federation, scientists’ points of view on the content of external and internal limits of Prosecutor's supervision and non-Supervisory areas of Prosecutor's activity, available in the literature. Based on the research, the author draws conclusions about the limits of this activity, and she offers a list of grounds on which the protection of public interest is carried out exclusively in court.

scholarly journals Constitutional Principles of Legal Regulation of Court Fees in Ukraine

2021 ◽  
Vol 6 ◽  
pp. 12-17
Author(s):  
Vladyslav Buryi
Keyword(s):  
Local Governments ◽  
Legal Regulation ◽  
Free Access ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Law ◽  
The Right ◽  
Judicial Protection ◽  
State Of The Environment

This article presents a comparative analysis of the provisions of the Constitution of Ukraine and the Law of Ukraine “On Court Fees”.The author emphasizes that the Constitution of Ukraine establishes an axiological basis for the legal regulation of the court fees and, at the same time, defines the relevant categories of cases, access to judicial protection in which should not be the subject to significant restrictions or should not be limited at all, namely in the cases of: challenging the decisions, actions or omissions of public authorities, local governments and officials; protection of the right to own property; protection of honour and dignity and business reputation; free access to the information about the state of the environment, the quality of food and household items, and others. The court fee in the constitutional justice is also singled out, which is substantiated by the special procedural and essential nature of the constitutional complaint. The author disputes the possibility of implementation of the court fee for filing a constitutional complaint, the doubtfulness of which is explained by the normative form of the constitutional complaint that does not provide a direct review of the court decision. Emphasis is placed on the provisions of the Constitution, which support the need to reform the existing concept of regulation of court fees, in particular the change in access to appeals and cassation appeals from progressive to the regressive court fee rate. It is emphasized that the Law of Ukraine “On Court Fees” does not fully comply with the Constitution of Ukraine. It is concluded that the Constitution of Ukraine provides the individualization of the amount of court fees that should depend on the stage of the proceedings, the category of the case, and the relevant range of entities that should be exempt from the court fees.

scholarly journals Modern Approaches to Understanding the Administrative Process as a Result and the Basis for the Development of Domestic Administrative Procedural Legislation

2021 ◽  
Vol 18 (3) ◽  
pp. 261-276
Author(s):  
A. I. Kaplunov
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Legal Process ◽  
Administrative Process ◽  
Civil Process ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
Judicial Protection

The article provides an overview and analysis of modern approaches to understanding the administrative process as a sectoral type of legal process that have developed in domestic theory, taking into account the changes that have occurred in the procedural legislation of the Russian Federation over the past three decades after the collapse of the USSR in 1991. The process is classified as follows: complex on a jurisdictional basis; integrative; complex on the basis of managerial, judicial. Particular attention is paid to the critical analysis of the judicial approach to understanding the administrative process, the reasons for the disagreements of its supporters, firstly, with representatives of the science of civil procedural law regarding the determination of the procedural nature of administrative proceedings, and, secondly, with specialists in administrative law regarding the denial of the presence of administrative-procedural forms of activity of subjects of public administration and attempts thereby to disavow the domestic doctrine of the administrative process. The methodology for studying the nature of procedural activity is based on the analysis of the sectoral subject of legal regulation and three types of a unified method of substantive regulation (civil, administrative and criminal), the implementation channels of which are varieties of legal process in the form of civil, administrative and criminal process which are based on an adversarial or investigative type of jurisdictional process, or a law-granting type of legal process. This methodological approach made it possible: 1) to establish the sectoral procedural nature of administrative proceedings, which is determined not by the subject of a “dispute about law”, but by the method of legal regulation, represented by the civil law type of regulation of public relations, the implementation channel of which is an adversarial type of jurisdictional legal process, which is its nature as a civil process; 2) to identify the shortcomings of the model of administrative proceedings enshrined in Russian legislation, the essence of which is that an adversarial type of jurisdictional process intended for judicial protection of a person who has suffered from the actions of an official and, acting as a plaintiff in the case, is applied to persons who have violated the established prohibitions and restrictions, or committed administrative offenses and acting in the case as a defendant; 3) to substantiate the presence in the structure of the administrative process of procedural forms of activity of subjects of public administration as a channel for the implementation of the administrative-legal type of regulation of public relations and determine the list of administrative proceedings.

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