scholarly journals Theoretical and legal aspects of improving administrative legislation in the field of road safety and certain provisions of the Code of administrative offences

2019 ◽  
Vol 2019 (3) ◽  
pp. 35-42
Author(s):  
Ирина Лаврентьева ◽  
Irina Lavrentieva ◽  
Анатолий Квитчук ◽  
Anatoly Kvitchuk
Keyword(s):  
Road Safety ◽  
General System ◽  
Legal Regulation ◽  
Legal Aspects ◽  
General Concept ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
The Social ◽  
General Scientific ◽  
The Individual

Modern public administration is based on the legal basis. It determines the need to build a system of legal acts in a logical and consistent system. Law-making should be based on the social essence of law and its functions. The research indicates the imperfection of certain normative legal acts and the need to improve the legislation. The task of legal sciences is to offer a concept of legislation that will meet the needs of society, take into account the socio-economic development of the state interests of the individual. Special regulation is required in the field of public life such as road safety, affecting most branches of law. The definition of the concept of the individual branches of law governing this area should be based on a general concept. It determines the relevance of the study, which examines the theoretical approaches to the formation of the concept of legal regulation and through its prism the possibility of forming the concept of individual normative legal acts is considered, including the concept of a new code of administrative offences. The study used general scientific research methods: analysis, synthesis, abstraction, generalization and deduction, as well as general scientific empirical methods such as observation. As a result of the study conducted in the article, the conclusions are made that specific legislative acts should not only be consistent with the general system of legal norms, among themselves and meet the requirements of legal technology, but also consistent with the social grounds of legitimization. Taking into account the conclusions drawn, the question of the need to revise the concept of the code of administrative offences is considered and certain provisions are proposed that can be taken into account in its formation.

scholarly journals FINANCIAL AND LEGAL NORMS: LEGAL MEANS AND MECHANISM OF IMPLEMENTATION

2019 ◽  
Vol 4 (5) ◽  
pp. 271
Author(s):  
Mykhailo Pitiulych ◽  
Anatolii Poliakh ◽  
Mykola Pakhnin
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Legal Literature ◽  
Determining Factors ◽  
General Scientific ◽  
Implementation Methodology ◽  
The Impact

The aim of the article is to disclose problematic issues, which are connected with financial and legal norms, as well as legal means and the mechanism for their implementation. The subject of the study is the financial and legal norms: legal means and the mechanism for their implementation. Methodology. The study is based on the dialectical method of scientific knowledge and general scientific methods, which are based on it, such as: analysis, comparison, analogy, induction and others. Results of the conducted study have shown the theoretical aspects of the implementation of financial and legal norms and their features. Particular attention is paid to the implementation of the law, which takes one of the main places among the pressing problems of legal science, despite the fact that a special theoretical analysis of the implementation of financial law in the legal literature is quite rare. During the analysis of this issue in the presented study, the question about the content and number of legal means in the mechanism of financial and legal regulation is set in the first place. Another problem, which is studied, is the impact of various determining factors on the procedure for the implementation of financial law. Practical impact. The author analyses the features of the forms of implementation of financial and legal norms, the legal regulation of relations developing in connection with the observance, use, execution, and application of these norms on the bases of the general theoretical approaches of law. Correlation/originality. After the legal analysis and analysis of the scientific literature, it was defined that the mechanism for the implementation of financial and legal norms today faces a number of unresolved problems in financial relations.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals Legal Problems of Digitalization: Theoretical and Legal Aspects

Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Social Regulation ◽  
Legal Studies ◽  
Legal Problems ◽  
The Social ◽  
Analysis And Synthesis ◽  
Actual Change

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

Mobbing in the in learning space: Causes and Preventive Measures

2019 ◽  
pp. 63-69
Author(s):  
M.S. Velychko
Keyword(s):  
Unethical Behavior ◽  
Preventive Measures ◽  
Legal Aspects ◽  
Educational Environment ◽  
Psychological Violence ◽  
Learning Space ◽  
Theoretical Approaches ◽  
Significant Characteristic ◽  
Definition Of ◽  
The Individual

The articlereveals psychological causes and preventive measures of the emergence mobbing in the educational environment. Phenomenon of the mobbing as a form of psychological violence in relations between the group and the individual.The article reveals the phenomenon of the mobbing as a form of psychological violence in relations between the group and the individual. Theoretical approaches to the definition of the phenomenon of mobbing and its forms. Psychological causes and legal aspects and preventive measures of mobbing in the educational environment. Mobbing and described it as «psychological terror», which includes the systematic recurrence of hostile and unethical behavior of one or more people, directed against another person. According to experts, the most significant characteristic of the phenomenon of mobbing is that it is determined onlywhen there are multiple, but systematic, regular repetitions in behavior and attitude.

Introduction to the Special Issue on ‘Charisma’

2019 ◽  
Vol 12 (2) ◽  
pp. 99-114
Author(s):  
Maren Freudenberg ◽  
Tim Weitzel
Keyword(s):  
Social Sciences ◽  
Twentieth Century ◽  
Sociology Of Religion ◽  
Special Issue ◽  
Theoretical Approaches ◽  
The Social ◽  
Conceptual Debate ◽  
The Individual

The introduction to the special issue on ‘charisma’ offers a very brief overview of the development of the concept in the social sciences and various critiques and intersecting debates. It casts a close look at Max Weber’s sometimes contradictory use of the concept and the different ways he conceptualized it in his sociology of religion and his sociology of domination. It then examines alternative theoretical approaches to ‘charisma’ that emerge in the course of the twentieth century before outlining this special issue’s contribution to the conceptual debate and the individual articles’ operationalization of the term by viewing charisma as relational, communicative, procedural, as well as related to ideas, practices, and objects.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals Legal Aspects of Immunodiagnostics and Immunoprophylaxis of Certain Diseases

2020 ◽  
pp. 650-677
Author(s):  
O. A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Public Awareness ◽  
Scientific Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Diagnostic Methods ◽  
Public Confidence ◽  
Public And Private ◽  
Health Maintenance ◽  
Legal Norms

Introduction: the article analyzes one of the aspects of Russian and international experience in immunological diagnostics and immunological prophylaxis of certain diseases, namely application of procedures that may restrict the rights of citizens while ensuring public safety. This topic is becoming more and more controversial due to collision of public and private interests, so its study appears to be highly relevant. Purpose: to evaluate the legality and validity of restricting the rights of citizens as part of application of immunodiagnostics and immunoprophylaxis procedures, to formulate proposals on improving legal regulation covering the procedures themselves and the harm compensation procedures in case of postvaccinal complications – all based on the analysis of scientific information sources, legal acts, materials of law enforcement statistics, opinion polls, foreign experience. Methods: dialectical, formal-logical, functional, sociological and other general scientific methods of research; specific legal methods: comparative-legal and formal-legal. Results: the approaches to understanding immunodiagnostics and immunoprophylaxis procedures and their significance have been analyzed, the problematic aspects of legal regulation and law enforcement in this sphere, and also violations of legislation have been identified; the experience of compensating for harm caused by vaccination has been studied. Conclusions: in order to effectively achieve the goals of public health maintenance and boosting public confidence in the procedures of immunodiagnostics and immunoprophylaxis, and to ensure the rights of citizens, a set of measures is needed as follows: constant cooperation with civil society institutions that should go in parallel to the application of medical and pharmacological advances accompanied by the improvement of legal norms; control over the safety of drugs; budget financing of alternative diagnostic methods and additional examinations aimed at reducing the risk of harm to health and at identifying all the contraindications; maximum public awareness of all procedures and medications when obtaining voluntary informed consent; imposition of restrictions on persons who refused to undergo the procedures in strict accordance with the law and in proportion to the real danger to the public interest; additional training of medical staff; improvement and simplification of procedures for compensation for harm in the event of postvaccinal complications with the priority of non-judicial procedures; increase of the compensation size.

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