scholarly journals REGULATORY AND LEGAL SUPPORT OF ACTIVITIES OF EXECUTIVE BODIES OF LOCAL COUNCILS AT THE BASIC LEVEL IN UKRAINE

2020 ◽  
Vol 1 (9) ◽  
pp. 28-32
Author(s):  
Yuliia Кovalchuk ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Regulatory Issues ◽  
Legal Principles ◽  
Legal Nature ◽  
Grassroots Level ◽  
Basic Level ◽  
Different Levels ◽  
Proper Analysis

The article is devoted to the characteristics of regulatory and legal support for the activities of executive bodies of local councils at the basic level in Ukraine. The genesis and legal nature of the executive bodies of local councils at the basic level in Ukraine, constitutional and administrative-legal principles of regulation of relations in the activities of the relevant executive bodies are studied. The study of the relevant provisions of public law becomes even more important and relevant during the administrative-territorial reform and the creation of united territorial communities. Thus, the purpose of the study will be, in particular: to clarify the state of municipal legislation governing the activities of executive bodies of local councils at the grassroots level, in part their formation and principles of their activities, to determine its effectiveness and relevant regulatory issues. The author systematizes and sets out different levels of legal regulation, which reveal the relevant elements of the mechanism of legal regulation and procedures for the formation of executive bodies and the establishment of forms of their responsibility in the process and during activities. It is noted that the complexity of this problem is the lack of a full-fledged institution of legal regulation of executive bodies of local councils at the basic level. Accordingly, determining its genesis, fragmenting its structure into separate legal elements will allow for a proper analysis of the provisions. The author tries to reveal the criteria of effectiveness of municipal legislation and propose a classification of regulations, which in turn allow for a proper analysis of the problems of legal regulation of the executive bodies of local councils at the basic level in Ukraine.

scholarly journals Scientific Concepts of a Deputy’s Mandate: Apology and Criticism

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Scientific Concepts ◽  
Government Structure ◽  
The Public ◽  
Legal Nature ◽  
Historical Comparative ◽  
Representative System

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

ABOUT QUESTION OF CLASSIFICATION OF PRINCIPLES CRIMINAL AND EXECUTIVE LAW

2017 ◽  
Author(s):  
Dmytro Pylypenko ◽  
Keyword(s):  
Common Law ◽  
Point Of View ◽  
Theoretical Concepts ◽  
Legal Principles ◽  
Leading Role ◽  
Legal Nature ◽  
Qualitative Component ◽  
Definition Of

The article is devoted to the definition of the classification of principles of criminal executive law. The article presents the views and positions of leading domestic scientists on this issue. Scientific concepts on the perception of the factor of systematics of the principles of criminal executive law as one of the key elements of the current branch of criminal executive law are analyzed. The focus is on the key elements of the system of principles of criminal executive law and existing theoretical concepts on this issue. Scientific positions on the quantitative and qualitative component of the system of principles of criminal executive law are given. The article draws attention to the fact that the quantitative criterion of principles is one of the debatable issues among scholars, most of whom tend to the "triad" of principles of criminal executive law, which consists of common law, intersectoral and sectoral principles. The article expresses the author's view on the mandatory consideration of the category of common law principles in the system of principles of criminal executive law as one of the key ones. It is proved that the leading role of these principles is determined by their essential characteristics, which reflect the natural and legal nature of common law principles. This circumstance, in turn, has a decisive influence on the entire legal system of the state. The author's opinion on the synonymous meaning of the categories "principles of law" and "legal principles" is expressed in the article. The scientific position on the existence of both institutions and sub-institutions within the framework of criminal executive law is supported. The author's point of view on the quantitative and qualitative composition of the system of principles of criminal executive law is expressed within the article. It has been proven that the system of these principles should have five key elements. Which include the following principles: common law, intersectoral, sectoral, institutional, subinstitutional.

scholarly journals Legal principles of counteraction to corruption and organized crime and the place of administrative and legal regulation among them

2020 ◽  
Vol 77 (2) ◽  
pp. 58-63
Author(s):  
О. О. Вороний
Keyword(s):  
Public Relations ◽  
Organized Crime ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Legal Principles ◽  
National Importance ◽  
Legal Relationship ◽  
The Subject

Based on the analysis of the current domestic and international legislation, the author has provided characteristics of the legal principles for combating corruption and organized crime. It has been established that the legal principles for combating corruption and organized crime covers currently a large number of regulatory acts of international and national importance; it has been emphasized that a key place among them belongs to administrative and legal regulation. It has been found out that administrative and legal regulation is a form of legal influence on public relations, which is carried out on the basis of the norms of administrative branch of law. Thus, this legal influence operates in the field of public relations that arise as a result of the activities of public law entities, in particular public authorities. Besides, administrative and legal regulation is, first of all, the system of norms that regulate organizational and administrative issues, aspects of the division of competence of public law entities and their legal relationship. The emphasis has been placed on the fact that if we consider the system of legal principles for combating corruption and organized crime, they mostly consist of the rules of administrative law, since they regulate organizational forms of combating corruption and organized crime as a special activity of public authorities, determine the competence of each of the subject of combating corruption and organized crime, establish structural and system aspects of such activities, establish features of control and supervision over the process of its implementation, etc. It has been established that administrative and legal regulation is dominant in the system of legal principles for conducting activities to combat corruption and organized crime in Ukraine.

scholarly journals Legal Classification of Defects in Medical Care

2021 ◽  
Vol 16 (5) ◽  
pp. 123-138
Author(s):  
E. O. Danilov
Keyword(s):  
Medical Care ◽  
Criminal Liability ◽  
Legal Regulation ◽  
General Term ◽  
Legal Responsibility ◽  
Conceptual Approach ◽  
Legal Nature ◽  
Defects Classification ◽  
Legal Classification

The paper studies the legal nature of defects in medical care and defines criteria for their legal classification. A retrospective analysis of the development of the institution of legal responsibility for improper medical treatment is carried out. The concept of a defect in medical care and related categories, their natural ontological characteristics and classifying legal features are investigated, doctrinal approaches to the legal assessment of defects in medical care are considered. It is noted that, despite the noticeable evolution that the question of the responsibility of doctors has undergone in the history of law, there is still no single approach to understanding the legal nature of defects in medical care in jurisprudence. In modern Russian legislation, as in the criminal laws of most foreign countries, there are no special standards for such defects classification. At the same time, in the interests of optimal legal regulation of relations in the field of medicine, today it is the legal definition and systematization of basic concepts and criteria for the legal classification of various medical incidents that matters and not the introduction into the law of special articles establishing criminal liability for improper provision of medical care. Thus, by combining all adverse events in medical practice under the general term "medical incidents", one can use the concept of "medical care defect" to distinguish incidents caused by inappropriate provision of medical services. The author proposes his own classification of defects in medical care dividing them into medical torts (offenses) and medical incidents (accidents and medical errors) based on the nature of the attitude of the subject of medical activity to their professional duties. A conceptual approach to the legal classification of medical care defects has been formulated.

scholarly journals ON THE QUESTION OF THE CONCEPT AND CLASSIFICATION OF MUNICIPAL LEGAL ACTS OF DIRECT PEOPLE`S RULE

2020 ◽  
Vol 1 (3) ◽  
pp. 43-50
Author(s):  
O. O. Halus ◽  
M. M. Baimuratov
Keyword(s):  
Direct Democracy ◽  
City Council ◽  
Place Of Residence ◽  
Legal Nature ◽  
The Subject ◽  
City Village ◽  
Basic Level ◽  
Local Significance ◽  
Legal Force

The article substantiates the allocation of municipal legal acts of direct democracy as a kind of municipal legal acts. It is proposed to understand by a municipal legal act of direct democracy a decision of normative-legal or individual-legal nature, adopted directly by members of the territorial community in order to resolve issues of local significance within the Constitution and laws of Ukraine. The division of municipal legal acts of direct democracy by the nature of prescriptions into normative, individual and mixed. It is determined that mixed municipal legal acts of direct democracy contain both normative and individual legal prescriptions. These include the adoption of a decision on self-taxation at general meetings of citizens, and so on. Taking into account the practice of holding local referendums in Ukraine, the classification of decisions of local referendums is proposed: according to the legal force, decisions of local referendums are divided into imperative and dispositive; on the basis of local referendums, decisions are divided into: mandatory, optional; at the time of the local referendum, its decisions may be: advisory, ratification; on the subject of the referendum, local referendum decisions may be on administrative- territorial issues, landscaping, land issues, changes in the basic level of local self-government, names of settlements, termination of powers of village, town, city, village, town, city council. The concepts and types of separate municipal legal acts of direct democracy, in particular decisions of local referendums and decisions of general meetings of citizens at the place of residence are defined.

scholarly journals The Theoretical and Legal Nature of Statutory Regulation in Transcaucasia in the Early XIX Century

2020 ◽  
Vol 10 ◽  
pp. 57-60
Author(s):  
Natig M. ogly Salamov ◽  
Keyword(s):  
19Th Century ◽  
Social Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Analysis ◽  
Legal Nature ◽  
The Russian Empire ◽  
Xix Century ◽  
The 19Th Century ◽  
Statutory Regulation

The author’s intention is to study the theoretical and legal essence of normative legal acts in force in Transcaucasia at the beginning of the 19th century. Through the provisions of legal acts and plots of historical and legal history, an attempt is made to explication and theoretical and legal analysis of the regulatory legal regulation of social relations and its ideological paradigms. The theoretical and legal basis of the analysis was the work of legal theorists. The regulatory framework of the study was constituted by the regulatory legal acts of the Russian Empire at the beginning of the 19th century. The methodological basis of the study was the general dialectical method of scientific knowledge, methods of empirical and theoretical nature (description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis). Based on the analysis of the content of historical legal acts, it can be concluded that the doctrine of regulatory regulation was determined by the priority of state interests, which contributed to the development of public law branches of law. Legal regulation was carried out by local bylaws containing, as intended, regulatory and protective standards. The constituent legal precepts found themselves in the fundamental acts that legally formalized the most important institut ions of society. Power regulations in the form of expression as a whole were binding, and by the method of legal regulation were imperative.

Tax Policy as a Function of the Russian State

2020 ◽  
pp. 106-112
Author(s):  
D. A. Shvets
Keyword(s):  
Law Enforcement ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Judicial Practice ◽  
Russian State ◽  
Legal Nature

In the article the main problems of the system of fiscal payment as part of the functions of the state in terms of tax policy related to the lack at legislative level accurately built system of fiscal charges, in connection with which law enforcement and judicial practice, there are ambiguities in the resolution of problems related to the choice of the mode of legal regulation of the said payments. There are also some problems with the classification of fiscal charges. The existing procedure for regulating fiscal fees should be changed through the incorporation of fiscal fees in the tax code, which is primarily due to the need to apply in the legal regulation of payments identical in their legal nature of uniform rules, as well as the requirements of paragraph 5 of article 3 of the tax code.

scholarly journals Legal Principles of the Scientific and Technological Integration of the EAEU Member States: Conceptual Analysis

Legal Concept ◽  
2021 ◽  
pp. 24-32
Author(s):  
Mark Shugurov
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Member States ◽  
Scientific Methods ◽  
Legal Principles ◽  
Technology And Innovation ◽  
Science Technology ◽  
Technological Integration ◽  
Science Technology And Innovation

Introduction: in the context of the implementation of the declared technological modernization of the EAEU economy, the issue of developing the legal framework for the integration in the field of science, technology and innovation, and especially the issue of developing a system of its legal principles, is being updated. The purpose of the study is to develop a comprehensive conceptual understanding of the nature, system and functions of the legal principles that are the core of the legal regulation of the integration cooperation of the EAEU member states in the field of science, technology and innovation. The objectives of the study are the following: 1) to relate the legal principles of the regulation of scientific and technological integration with the principles of the Eurasian integration in general; 2) to carry out a consistent analysis of the degree of consolidation of the principles of scientific and technological integration in Union law; 3) to carry out the doctrinal classification of the principles. Methods: general scientific methods (system, structural and functional), specific scientific methods (comparative legal, dogmatic legal). Results: a classification of the legal principles of scientific and technological integration is proposed, the system of which includes a subgroup of general principles, as well as a subgroup of industry (structural-institutional, integration-legal and organizational) principles. Conclusions: the systematized legal principles are conceptualized as the key legal tools for managing integration processes in the field of science, technology and innovation, the formal consolidation of which will serve as a factor for expanding and deepening the regional scientific and technological integration of the member states.

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