scholarly journals Criteria for the effectiveness of normative legal regulation of the right to freedom of creativity in Ukraine

2020 ◽  
pp. 62-66
Author(s):  
Natalia Opolska
Keyword(s):  
Cultural Values ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Clear Definition ◽  
Creative Activity ◽  
Intellectual Activity ◽  
Definition Of ◽  
The Right ◽  
Political Realities

The article presents the result of determining the effectiveness of normative legal regulation of the right to freedom of creativity. It is established that the criteria of effectiveness are: a) the perfection of legal regulation of the right to freedom of creativity; b) conformity of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities, possibilities of exercising the norms of the right of creative competences enshrined therein and their protection in court; c) reduction of imperative, imperative methods of regulation by increasing the dispositive methods; d) a clear definition of the types of legal responsibility for the violation of the right to freedom of creativity. As a result of the theoretical modeling of the evaluation of the effectiveness of the normative legal regulation of the right to creativity in Ukraine, it is proposed to amend the legislation. It is proved that Article 54 of the Constitution of Ukraine should be set out in the following wording: types of intellectual activity. Everyone is guaranteed the right to the results of his intellectual, creative activity; no one may use or distribute them without his or her consent, except as provided by law. The state contributes to the development of all kinds of creative activity, establishing appropriate ties of Ukraine with the world community. Cultural heritage is protected by law. The state ensures the preservation of historical monuments and other objects of cultural value, takes measures to return to Ukraine cultural values of the people who are beyond its borders. " It is substantiated that these changes will enhance the effectiveness of ensuring the right to freedom of creativity in terms of creating a scientifically sound system of legislation and its ability to ensure that the real needs and interests of the subjects of law are harmonized. The inconsistency of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities has been proved. There is a lack of effective socio-economic support for creators, creative unions and associations. It is substantiated that tendencies of socio-economic development should be directed to the development of science, technology, and culture. It is noted that the absence of a definition of the concept of academic responsibility in the legislation testifies to the lack of a clear definition of the types of legal responsibility for violations in the field of the right to creative work.

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 THE PROBLEM OF APPLICATION OF THE LEGISLATION ON CONSIDERATION OF THE QUESTIONNAIRE OF THE INFRINGEMENT TO THE COURT

2019 ◽  
pp. 129-133 ◽  
Author(s):  
Ye. S. Vorobiei ◽  
Ye. A. Kobrusieva ◽  
S. S. Fedorishchev
Keyword(s):  
Legal Liability ◽  
Fair Trial ◽  
The State ◽  
Complete List ◽  
Clear Definition ◽  
Time Limits ◽  
Definition Of ◽  
The Right

The article deals with issues of disrespect to the court and the problems of the application of legislation aimed at preventing and terminating this phenomenon. Proposals for elimination of certain shortcomings of the current legislation are given. The approaches of scholars to the definition of “contempt of court” are analyzed and what enforcement measures are applied in accordance with the current legislation in case of committing administrative offenses of this category. The authors emphasize that today in the legislation of Ukraine there is no separate normative legal act that would determine the complete list of acts that fall under the definition of “disrespect to the court” and the range of responsible ones. It is shown that contempt of the court may be manifested both in the form of active actions and in the form of inactivity. Thus, active actions indicating disrespect for the court include the failure of the witness, the victim, the plaintiff, the defendant and other citizens to order the presiding judge, the violation of the order in the court, as well as the commission of any actions that indicate an obvious neglect of the court or established in court rules. The forms of inactivity include the absence of participants in the trial in court, which is one of the main reasons for the breach by the courts of Ukraine of time-limits for the consideration of cases of different categories by the courts of Ukraine. In general, the spread of disrespect to the court, the avoidance of guilty parties legal liability for such an offense, the lack of adequate premises for the courts, etc., lead to a failure by the Ukrainian state to fulfill its obligations to ensure the right to a fair trial. It is concluded that the state of respect for the courts and judges in Ukraine, in particular, is generally negative in Ukraine. The existing provisions of national law governing liability for disrespect to the court have rather modest forms of punishment. Therefore, in our opinion, it is expedient to further elaborate the outlined issues for a clear definition of the notion of “disrespect for the court” and the introduction of the rules of conduct of citizens in court common to all courts.

scholarly journals LEGAL REGULATION OF AUTHOR'S REMUNERATION UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Vol 1 (9) ◽  
pp. 51-57
Author(s):  
Kateryna Troshkina ◽  
Keyword(s):  
Legal Regulation ◽  
Logical Necessity ◽  
Creative Activity ◽  
Intellectual Activity ◽  
Basic Principles ◽  
National Legislation ◽  
Collective Management ◽  
Legal Nature ◽  
The Right ◽  
Economic Nature

The article is devoted to the analysis of normative-legal regulation of payment of royalties. The main types of royalties under current national legislation have been studied. It is established that the amount and procedure for payment of royalties for the creation of a work are established in the copyright agreement or in agreements concluded on behalf of the subjects of copyright by collective management organizations with persons who use the works. The most important property right of the inventors is the right to remuneration for intellectual activity, which contributes to the formation of promising areas of science and technology. Author's remuneration is a certain payment in favor of the author of the work, due to the use of this work by another person. The right to remuneration does not belong to the number of personal non-property or property copyrights. Legislative consolidation of royalties is a logical necessity for the development of inventive creative activity in Ukraine. The legislation of Ukraine may establish minimum rates of royalties and the procedure for their application and minimum rates of remuneration for the use of related rights and the procedure for their indexation. Despite the economic nature of the fee, its legal nature, in general, is an essential aspect of copyright and, in addition, allows you to assess the current copyright system, both at the level of individual organizations and nationwide. It is determined that the national legislation rather fragmentarily embodies the basic principles of payment of inventory fees, which certainly slows down the progressive processes of inventors and causes legal disputes between inventors, employers and other subjects of legal relations in the field of invention.

scholarly journals STATE-CONFESSIONAL RELATIONS: PROBLEMS OF LEGAL REGULATION AND RESEARCHING SUBSTANTIATION

2020 ◽  
Vol 15 (1) ◽  
pp. 8-11
Author(s):  
Mykola Voloshyn
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Religious Community ◽  
Religious Organizations ◽  
Proper Understanding ◽  
Religious Associations ◽  
Institutional Relations ◽  
Definition Of ◽  
The Right

The article deals with the problems of legal regulation and researching substantiation of state-confessional relations. The author describes the existing doctrinal approaches to the definition of the concept of "state-confessional relations". The author provides his own definition of state-confessional relations as a type of inter-institutional relations, characterized by the presence of a legal and actual connection between religious organizations and the state. It is noted, that the presence of a legislative definition of the right to freedom of worldview and religion allows religious organizations to determine the framework of their activities in accordance with the legal regulations. The opinion is expressed, that in modern soci- ety there is an urgent need for a legislative definition of the legal status of religious organizations as subjects of law. The existence of well- established state-confessional relations contributes to the proper understanding by representatives of state authorities of the peculiarities of the religious worldview of the population of the state, which is an important condition for the adoption of such normative legal acts that would not contradict the religious feelings of believers and would not lead to an unreasonable restriction of their right to freedom of religion. On the other hand, the partnership of religious organizations with the state gives them the opportunity to participate in public discussions of legislative initiatives, providing them with a religious assessment. In the article, the author pays considerable attention to the problems of legislative regulation of the activities of religious organizations. Taking into account the terminological imperfection of the Statute of Ukraine "On freedom of conscience and religious associations" and the absence of a separate enaction with the definition of terms in it, the author provides his own definitions of the concepts "religious organization", "religious association", "religious institution" and "religious community", which may use the legislator when determining the legal status of religious organizations in Ukraine. An opinion is expressed, that the existence of a unified approach to legislative terminology will allow for effective legal regulation of the religious sphere of public life.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

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