scholarly journals REGULATORY MECHANISM AS A COMPONENT OF ADMINISTRATIVE AND LEGAL REGULATION OF BULLYING PREVENTION IN UKRAINE

2020 ◽  
Vol 1 (9) ◽  
pp. 133-137
Author(s):  
Anastasia Korniychenko ◽  
Keyword(s):  
Law Enforcement ◽  
Regulatory Mechanism ◽  
Public Life ◽  
Legal Regulation ◽  
Bullying Prevention ◽  
Educational Environment ◽  
Promising Area ◽  
Definition Of ◽  
Legal Mechanism ◽  
Legal Force

The article is devoted to the study of the essence and content of the regulatory mechanism of administrative and legal regulation of bullying prevention in Ukraine. Emphasis is placed on the fact that most scholars reduce the regulatory mechanism in various spheres of life to a direct list of legal acts that regulate a particular area, ignoring the definition of "regulatory mechanism". It is noted that the administrative and legal mechanism for preventing bullying in Ukraine is divided into two blocks: regulatory and organizational and institutional. It is revealed that the regulatory mechanism of administrative-legal regulation of bullying prevention should be understood as a set of processes of administrative-legal regulation by authorized subjects aimed at bullying prevention, regulated by norms of law, which find their external expression in regulatory acts. In turn, the regulatory mechanism of bullying prevention is a system of normatively established lawful rules of conduct, which are aimed at preventing bullying. It is indicated that the main elements of the regulatory mechanism of administrative-legal regulation of bullying prevention are norms of law and acts of application of norms of law. Norms of law are the foundation of the regulatory mechanism of administrative-legal regulation. They find their external manifestation in normative-legal acts, due to which there is an administrative-legal regulation of a certain sphere of public life, including in the sphere of bullying prevention (or in the educational environment in general). The article presents the author's system of normative-legal acts of bullying prevention in Ukraine, which is formed taking into account the criterion of legal force. It is concluded that the consideration and analysis of specific law enforcement acts is a promising area of research of the regulatory mechanism of administrative-legal regulation of bullying prevention.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

scholarly journals Constitutional legal mechanism of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen in Russian Federation

2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Point Of View ◽  
Law And Order ◽  
Social Tension ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Legal Mechanism ◽  
Coordination Activity

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

scholarly journals Digital Transformation of Enforcement Proceedings: Russian Experience

2019 ◽  
Vol 71 ◽  
pp. 02009
Author(s):  
G.E. Ageeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Life ◽  
Legal Regulation ◽  
Social Processes ◽  
Digital Transformation ◽  
Negative Experience ◽  
Digital Space ◽  
The Russian Federation ◽  
Russian Law

In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals To the problem of improving normative legal basis of organization of local self-government in Russia

2017 ◽  
Vol 1 (3) ◽  
pp. 108-116
Author(s):  
Olga Bazhenova
Keyword(s):  
Local Government ◽  
Legal Regulation ◽  
State Regulation ◽  
Regulatory Framework ◽  
Systematic Analysis ◽  
Division Of Powers ◽  
Legal Method ◽  
Scope Of Application ◽  
Definition Of ◽  
Legal Mechanism

The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.

scholarly journals CONSTITUTIONALLY LEGAL MECHANISM FOR ENSURING RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN: CONCEPTS AND DIRECTIONS TO ACT

2021 ◽  
pp. 6-12
Author(s):  
Yuriy Bysaga
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Legal Mechanism

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms. The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

scholarly journals Joint Functional Focus of Models of Civil Liability for Damage Inflicted on Patients

2020 ◽  
Vol 10 ◽  
pp. 393-399
Author(s):  
Volodymyr Prymak ◽  
◽  
Olga Koreniuk ◽  
Tatiana Poharchenko
Keyword(s):  
Human Dignity ◽  
Public Life ◽  
Civil Liability ◽  
Legal Regulation ◽  
Moral Rights ◽  
Effective Protection ◽  
The World ◽  
Moral Damage ◽  
Subjective Rights ◽  
Legal Mechanism

One of the key areas of legal regulation of any aspect of public life (especially when it comes to personal moral rights inalienable from a person, including those that ensure the person's physical existence and reflect the human dignity inherent in every individual) is the establishment of legal guarantees for the observance and protection of subjective rights belonging to a person. The purpose of this study is to determine the centripetal (in value and functional terms) trends in the development and application of similar legal models and means of legal regulation of relations arising from harm inflicted on patients. It was concluded on the inevitability of the intensification of the world, and European, in particular, tendencies regarding the diverse use by national legal systems of similar functional legal instruments for compensation for property and moral damage in order to ensure effective protection of personal non-property and property rights of patients and related persons. Therewith, the identity of a certain national legal mechanism will be determined mainly by the orientation of the legal policy of a particular state towards the top-priority implementation of certain characteristics of compensation and proactive, preventive (which, in the context under consideration, appears as a guarantee for the observance of the rights of patients and the performance of obligations by the providers of medical services) functions of civil liability.

scholarly journals LEGAL REGULATION OF GENDER EQUALITY IN THE ARMED FORCES OF UKRAINE

2020 ◽  
Vol 1 (9) ◽  
pp. 150-157
Author(s):  
Oleksandr Sikorskyi ◽  
◽  
A. Alexandrova ◽  
Keyword(s):  
Gender Equality ◽  
Military Service ◽  
Public Life ◽  
Armed Forces ◽  
Active Role ◽  
Legal Regulation ◽  
High Status ◽  
Equal Rights ◽  
Active Research ◽  
Definition Of

In the modern civilized world, the ideas of gender equality are actively developed and implemented in all spheres of public life. Ukraine does not stand aside from these processes. Although, unfortunately, there are still some spheres of public life in our country, which are traditionally considered "purely masculine". Until recently, military service remained one of these areas. However, in the last decade (especially after the beginning of the aggression by the Russian Federation), the processes of implementing gender equality policy in the field of public administration, including in the Armed Forces of Ukraine, have intensified. In particular, there have been significant changes in the legal regulation of relevant issues, there is an active process of formation of state institutions designed to monitor the observance of gender equality and non-discrimination on the grounds of sex. There are a number of different international legal acts in the world that determine the equality of women and men, and Ukrainian legislation is based on this international experience. However, the situation with the creation of real conditions for service in the Armed Forces for women servicemen on an equal footing with male servicemen is far from ideal and therefore requires changes in current legislation and improvement of the mechanism for gender equality in the service of women in the Armed Forces. contradictory aspects in this area. there are different approaches to the definition of the terms "gender", "gender equality", etc. The Ukrainian national legal system, ie the system of its normative legal acts, operates with the concept of "gender equality". Active research on gender equality in various fields of research began in the second half of the twentieth century, but movements for equal rights for men and women began much earlier. In Ukraine, there is a historical tradition when a woman held a fairly high status in the family, society, they played an active role in the economy and so on.

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