scholarly journals THE SUBJECTS OF ADMINISTRATIVE AND LEGAL REGULATION OF MEDIATION

2020 ◽  
Vol 1 (9) ◽  
pp. 106-111
Author(s):  
Ksenia Tokareva ◽  
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
State Policy ◽  
Legal Regulation ◽  
The State ◽  
Local State ◽  
Third Party ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Governmental Institutions

The article is devoted to the study of the subject composition of the administrative and legal regulation of mediation. The development of alternative ways of resolving disputes and conciliation procedures is one of the priority areas for improving the mechanism for protecting violated subjective rights. Mediation has proven its effectiveness for both the state and society, as evidenced by its legal regulation in most foreign countries. A dispute resolution procedure involving a neutral third party can improve access to justice, which is fully in line with the rule of law in any developed state governed by the rule of law. New tendencies towards the peaceful settlement of disputes (conflicts) contribute to the achievement of social harmony in society. As Ukraine is one of the few countries in Europe where there is no legal regulation of mediation, the study of the subjects of administrative and legal regulation of the procedure is relevant. The study took into account the division of legal regulation into state and non-state. Domestic scientific views on the system of subjects of administrative and legal regulation in various spheres of public relations were analyzed. The problem of lack of administrative and legal regulation of the social and legal institution of mediation in Ukraine was emphasized. The author proposed his own list of subjects of administrative and legal regulation of mediation. The system of such entities includes the state, its bodies and non-governmental institutions that exercise powers in the relevant field. The main directions of the state policy in the field of implementation of the mediation procedure in Ukraine were also identified. The importance of actively promoting and stimulating the development of mediation, consolidation and protection of new social relations that arise during the mediation procedure, setting quality standards for mediation and requirements for professional mediators, control of such activities. The author focuses on the disclosure of competence, legal forms of activity of management entities. It is stated that the main subjects of mediation`s regulation in Ukraine are the President of Ukraine, the Parliament of Ukraine, the Parliament’s Commissioner for Human Rights, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Supreme Court, local state administrations, NGOs and mediators' associations. It is substantiated that this list can be expanded by a special executive body in the field of mediation. Based on the analysis of current legislation, rule-making and law enforcement practice of Ukraine and European countries, a scientific approach to solving current problems of formation and implementation of state policy in the field of access to justice and mediation is proposed. It is proposed to keep registers of mediation by both central executive bodies and local state bodies or local self-government bodies. The successful foreign experience of functioning of the corresponding mediation services in various branches of law is resulted.

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

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.

The Rule of Law and Economic Growth in Ancient Greece

2020 ◽  
Author(s):  
Edward M. Harris
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Ancient Greece ◽  
The State ◽  
Third Party ◽  
Greek City ◽  
The Rule Of Law ◽  
Weights And Measures ◽  
Hellenistic Greece ◽  
City State

The rule of law was very important for the expansion of markets and economic growth in Classical and Hellenistic Greece. The Greek city-state enforced regulations about weights and measures, ensured peace and order, built infrastructure (agoras, roads and ports), granted foreigners access to courts, gave honours, privileges and protection from seizure (asylia), and concluded treaties with other communities. The state also protected the property rights of individuals and created records to ensure title and to resolve disputes about ownership. Finally, the state created third-party enforcement of contracts, such as lease, sale, lending and borrowing and the accessory contracts of personal security and real security. This allowed economic transactions to expand beyond the narrow confines of family, friends, and neighbours and to expand markets.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

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.

scholarly journals The Philosophical Views Of Eastern Scientists On Social Justice

2021 ◽  
Vol 03 (02) ◽  
pp. 269-274
Author(s):  
Kudratillo Mukhitdinovich Yunisov ◽  
◽  
Mukhiddin Ortikovich Sattorov ◽  
Keyword(s):  
Social Justice ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
Social Relations ◽  
The State ◽  
Scientific Article ◽  
The Rule Of Law

This scientific article provides a detailed analysis of the philosophical views of Eastern thinkers on social justice, the priority of the rule of law in the management of society, the emergence of such functions of the state as the management and regulation of social relations.

scholarly journals Polyvariety of the Structure of the Normative Element in the Mechanism of Legal Regulation of Civil Relations: Theoretical Aspect

2021 ◽  
Vol 16 (7) ◽  
pp. 23-31
Author(s):  
A. V. Kostruba
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
Legal Norm ◽  
Main Element ◽  
The Rule Of Law ◽  
Regulatory Influence ◽  
Legal Nature

The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms with the help of which social relations are regulated. The author argues about the variability of the normative element of the mechanism under consideration, since it is not always possible to include the multiplicity of parameters that form its content and essence exclusively into the content of a legal norm. It is argued that the rule of law is not the main element of the mechanism of legal regulation through which relations between members of the society are being regulated. The corresponding regulatory influence is ensured with the help of individual regulators that have a different legal nature due to their limited, personalized obligatoriness. The author proves that, along with a legal norm, an individual normative prescription acts as a legal means of ensuring the operation of the mechanism of legal regulation of social relations, and its form is represented by alter-normative regulators (contract, custom). In addition, along with normative and alter-normative regulators, super-normative (principles of law) and quasi-normative (judicial acts) are highlighted.

scholarly journals CONCEPTUAL ASPECTS OF THE FORMATION OF THE LEGAL MODEL OF SUSTAINABLE DEVELOPMENT OF UKRAINE

2021 ◽  
pp. 3-17
Author(s):  
V.A. Ustymenko ◽  
◽  
R.A. Dzhabrailov ◽  
V.K. Malolitneva ◽  
T.S. Hudima ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Specific Content ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Model ◽  
The Eu

It has been found that the methodological principles of building a legal model of sustainable development of Ukraine remain imperfect. In this regard, it is argued that the basis of the legal model, first of all, shall be assigned general and sectoral legal principles that will create the theoretical base of normative activity. In particular, it has to be that the Rule of Law principle has a particularly specific content and acquires signs of a particular legal instrument in the process of law-making and law enforcement. Accordingly, the use of the Rule of Law principle in the process of assessing the efficiency of legal norms is proposed, which will talk about promoting the legal act of the ideology of justice. It is necessary to unacceptable laying into the legal model of sustainable development of the false concept of legal regulation of economic relations, which provides for the exclusion from the legal system of the state of certain branches of legislation, in particular economic legislation. It is substantiated that the Economic Code of Ukraine is the basis for achieving the goals of sustainable development on the economic component and synergistic associated with other acts of Ukrainian legislation in the environmental and social spheres. In this regard, it is argued that the effectiveness of the legal model of sustainable development will be significantly higher, subject to preservation in the legal system of the Economic Code of Ukraine, which will additionally testify to compliance with the Rule of Law principle. It is emphasized that in the light of the adaptation of Ukrainian legislation, including economic, to the EU Law and the signing of the Association Agreement between Ukraine and the EU, the influence of international legal norms on the state and directions of development of individual institutions of Economic law, which contributes to the universalization of the legal model of the steady the state's development.

ADMINISTRATIVE AND LEGAL PRECONDITIONS OF THE STATE POLICY IN THE SPHERE OF LABOR

2018 ◽  
Author(s):  
Leonid Ostapenko ◽  
Keyword(s):  
Social Relations ◽  
State Policy ◽  
Labor Relations ◽  
Legal Regulation ◽  
The State ◽  
Material Base ◽  
Public Authorities ◽  
Important Place ◽  
Legal Provisions ◽  
Wide Range

Modern approaches in the explanation of Ukrainian state policy in the field of labor, as a rule, are based on the constitutional principles and normative-legal acts, regulating a wide range of social and labor relations. The available arsenal of explanations of state policy has different in content interpretations, with the help of which means and goals, aimed at the implementation of state tasks, which are complex in nature and require legal regulation, are denoted. Among the political, economic and social prerequisites for the formation and implementation of state policy, an important place belongs to the justification of the authoritative nature of state activity aimed at the regulation of social relations, among which should be highlighted relations in the field of labor. The essence of state power to implement tasks in the field of labor reveals not only the socio-political significance, but also indicates the presence of administrative and legal filling of certain provisions of legal regulation of social and labor relations, closely related to employment and employment employment of the population, its participation in the creation of the national material base, which is the basis of the social welfare of the population. Political decisions of the state in the field of labor are carried out by public authorities, which use forms and methods of administrative and legal regulation, its mechanism, which in most cases does not contradict the legal provisions enshrined in the Constitution of Ukraine. At the same time, the spread of state policy in the domestic administrative and jurisdictional practice is one of the conditions requiring the study of the nature, features, purpose and application of administrative and legal regulation of relations in the field of labor.

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