scholarly journals Legal Regulation of the Preservation of the Culture of Ukrainian Peasantry: Current Situation and Prospects for Improvement

2020 ◽  
pp. 253-259
Author(s):  
Tetiana Kovalenko ◽  
Elina Pozniak
Keyword(s):  
National Culture ◽  
Environmental Law ◽  
Leisure Activities ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Social ◽  
State And Local ◽  
The Village

This article investigates the current state of legal regulation of preserving the culture of Ukrainian peasantry as a carrier of Ukrainian identity, culture and spirituality of the nation. The necessity to revive and preserve the peasant as a landlord, bearer of morality and national culture is reflected in the scientific approaches of legal scholars in the field of agrarian, land and environmental law of Ukraine. In the process of analysis of a number of sources of agrarian, land, environmental law, normative legal acts of a programmatic nature, the existence of significant legal defects in the specified field was revealed (declarative nature of legal provisions, legal gaps, lack of complexity of legal regulation, inefficiency of legal norms). As a result, degradation of the spiritual, environmental, legal culture of the peasants occurs. The authors found that the effectiveness of a number of legal acts, aimed at the legal regulation of the culture of Ukrainian peasantry, the social development of the village and the revival of social cultural and material infrastructure, is low. The measures identified in them to overcome the crisis in the social sphere of the village have practically no proper mechanisms of implementation. In view of this, the authors substantiate ways to improve the legal regulation for the preservation of the culture of Ukrainian peasantry. The key to preserving the peasantry as a carrier of the national culture of Ukrainian people, according to the authors, is a integrated solution to the peasant's social problems. This direction of state policy should be implemented through organizational, legal and socio-economic measures aimed at ensuring employment and reducing unemployment, expanding the network of cultural institutions in the countryside, improving the level of education of rural youth, the development of environmental awareness, education, legal and advisory activities. Increasing the standard of living and life of Ukrainian peasantry, the authors associate with the need for its financial and economic support with the use of funds from the State and local budgets for the implementation of cultural and educational activities in the countryside, leisure activities with the promotion of agricultural producers. An important guarantee of preserving the culture of Ukrainian peasantry is to increase the legal responsibility of officials of state authorities and local self-government for making decisions that limit or violate peasants' rights.

scholarly journals Prohibitions in the Social and Legal Regulation: an International Aspect

2019 ◽  
pp. 2230-2240
Author(s):  
Aleksandr V. Mal’ko ◽  
Veronika S. Khizhniak
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Effective Mechanism ◽  
Basic Principles ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Social ◽  
Legal Mechanism

This work is focused on the problems arising in imposing prohibitions in international relations; the authors identify the main legal and social aspects hindering creation of effective mechanism for implementing prohibitions in international relations and enlist possible ways of eliminating the possible problems. The analysis of the international legal norms of institutionalizing prohibitions and practices of their implementation revealed that an effective implementation of prohibitions is often associated with the need to amend national legislation, as well as with the presence of Russia’s own legal norms that make it possible to apply the norms of international law in the state directly, or to apply them jointly with the norms of the national law. The absence of a universal international instrument governing the responsibility of states for breaching legal prohibitions makes it difficult to implement these prohibitions and comply with them, although states may follow the rules of the “Draft Articles on Responsibility of States for Internationally Wrongful Acts” as a document stating moral (political) prescriptions. The main problems cumbering the development of an effective mechanism for implementation of prohibitions are the following: the absence of agreed international and domestic legal mechanisms for implementation of prohibitions; the reluctance of states to bear responsibilities; the attempts to mitigate the prosecution of citizens, especially officials; and failures to take adequate legal measures for resolving the problem. The authors necessitate adoption of documents that could regulate the issues of international legal responsibility, though in a unipolar world it is very problematic and can even aggravate the situation. The mechanism developed under such conditions can reflect the position of only one state and therefore can result in consolidating an undesirable hierarchy of states in international relations. An effective legal mechanism of responsibility for the violation of prohibitions in international relations can arise only in a multipolar world. It is also necessary to abide the basic principles of international law, to strengthen international cooperation and improve the mechanisms of international legal regulation. These efforts also call forth the establishment of a multipolar world

scholarly journals The right to a healthy environment: social purpose, content and protection

2015 ◽  
Vol 2 (3) ◽  
pp. 175-180
Author(s):  
N V Danilova
Keyword(s):  
Environmental Law ◽  
Human Life ◽  
Legal Regulation ◽  
Legal Norms ◽  
Social Purpose ◽  
Healthy Environment ◽  
Positive Law ◽  
The Social ◽  
The Right ◽  
Subjective Rights

In the hierarchy of ecological and legal norms to ensure the right to a healthy environment it serves not just one of the principles of legal regulation in the field of environmental protection, but defines the ultimate goal, the social purpose of the industry of environmental law. Along with other global human rights the right in question acts as an indicator of the quality of human life. Analysis of the content of the right to blagopriyanuyu environment leads to the conclusion that the positive law, it is not a form of subjective rights and the legally protected interest. Therefore, it is sufficient to describe the characteristics of only the very good - the right to object, which is the favorable environment, its speakers, as well as ways to remedy.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Social Credit System in the People's Republic of China: normative legal framework and principles of functionality

2020 ◽  
pp. 18-53
Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Credit System ◽  
Republic Of China ◽  
Social Credit ◽  
Legal Provisions ◽  
The Social

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.

scholarly journals A Postmodern Defence of Universal Liberal Legal Norms

2010 ◽  
Vol 23 (1) ◽  
pp. 5-31 ◽  
Author(s):  
Lisa M. Austin
Keyword(s):  
The Self ◽  
Legal Responsibility ◽  
Ethical Responsibility ◽  
Community Practice ◽  
Legal Norms ◽  
Liberal Democratic ◽  
The Social ◽  
Universal Human Rights ◽  
Strong Resemblance ◽  
Democratic Norms

The idea of universal liberal legal norms has long been under attack from a variety of sources. One of the most sustained and sophisticated philosophical versions of such an attack is found in the work of Martin Heidegger. His argument from the social embeddedness of the self to the ultimate contingency and groundlessness of any claims of normativity has been highly influential across a number of fields. This paper argues that legal theorists who wish to contest such a view should look to the work of philosopher Emmanuel Levinas. In his critique of Heidegger, Levinas affirms the significance of the human beyond the particular context in which we find ourselves embedded. Levinas wrote very little about law; his main focus was on ethical responsibility and the claim that an “other” makes on me. I argue that legal responsibility is fundamentally different, concerned instead with the claims that a self can make on others. Drawing upon Levinas’ understanding of the self as constituted through ethical responsibility, I argue that a Levinasian account of justice can support liberal-democratic norms such as freedom, equality and dignity. Indeed, Levinas himself endorsed universal human rights and even indicated a strong affinity with Kant’s idea of justice. What he denied, however, was that justice is a fully rational and coherent concept. I argue that this does not render justice incoherent or call into question the basic status of the norms of justice. Rather, a Levinasian account of justice shifts the emphasis to the community practice of reasoning about universal norms, a practice that is never complete. I further suggest that such a practice of reasoning should be familiar to lawyers as it bears a strong resemblance to common law reasoning.

Spatiality of Environmental Law

2015 ◽  
Vol 12 (2) ◽  
pp. 173-188 ◽  
Author(s):  
Lasse Baaner ◽  
Line Hvingel
Keyword(s):  
Spatial Information ◽  
Environmental Law ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
Core Element ◽  
Legal Information ◽  
Legal Norms ◽  
Digital Maps ◽  
Legal Accountability ◽  
Future Path

Digital society challenges the traditional perception of legal sources. The use of maps as a basis for public administration dates far back, but e-Government’s use of digital maps that include legal information creates new legal obstacles. In the coming decades, the inspire directive of 2007 will determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data.

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 Problems of interpretation the norms of General part of the Criminal Code of the Russian Federation

2019 ◽  
Vol 13 (2) ◽  
pp. 193-200
Author(s):  
M. P. Рronina ◽  
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Court ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Provisions ◽  
General Part ◽  
The Russian Federation

The article is devoted to one of the current areas of legal science related to the problems of interpretation the norms of General Part of the Criminal Code of the Russian Federation. The interpretation of legal norms is the activity of state bodies, non-governmental organizations and individuals to clarify and explain the meaning of legal norms embedded by the legislator in them and the actual content of the legal provisions (regulations, definitions) contained in them in order to implement them correctly and improve the effectiveness of legal regulation public relations. The interpretation of legal norms is a complex volitional process aimed at establishing the exact meaning of the rule of law. This process consists of two elements: 1) the interpreter (interpreter) clarifies the content of the legal norm for himself; 2) then in order to establish its equal understanding and application it clarifies the meaning of the legal prescription to all interested parties. The first part of this activity – clarification – characterizes the epistemological nature of interpretation aimed at the knowledge of law. Understanding acts as a thought process taking place in the mind of the subject applying the rule of law. The explanation is the second part of a unified process of interpretation the law addressed to other parties to a relationship. It is carried out by the competent authorities and persons in order to eliminate ambiguities in understanding the content of the norm and thus ensure its correct application to the circumstances for which it is aimed. Subjects of interpretation may be public authorities, officials, organizations, enterprises, institutions, individuals. The objects of interpretation are laws and regulations. Legal interpretation is an activity that from a practical point of view is connected with the completion of the regulation of life relations by law. Legal norms as a result of interpretation become ready for implementation, practical implementation. The presented scientific article examines the interpretations given by the highest judicial instance, which showed that in some cases they contain contradictions that violate the legal and technical rules. Examples of the interpretation of criminal court decisions of the Plenum of the Supreme Court of the Russian Federation are given, and author’s editions are proposed.

scholarly journals Odpowiedzialność polityczno-prawna Prezydenta Ukrainy

2020 ◽  
Vol 6(161) ◽  
pp. 145-168
Author(s):  
Andrzej Stec
Keyword(s):  
Legal Status ◽  
Legal Responsibility ◽  
The Political ◽  
Political Responsibility ◽  
Legal Norms ◽  
Basic Law ◽  
Head Of State ◽  
The Social ◽  
State Governance ◽  
Social Harmfulness

One of the democratic mechanisms of state governance is to define the political and legal responsibilities of the supreme state bodies. The type and scope of responsibility also determines the legal and constitutional position of the head of state. In the article, the author analyzes legal norms regarding the political and legal responsibility of the President of Ukraine. The examination of problems related to these norms is based on Ukrainian and foreign constitutional and statutory solutions. Political (parliamentary) responsibility is related to the relevance, legitimacy and purposefulness of decisions made by the person holding the office of President. It is assessed by the appointing or controlling body. Although the current legal status in Ukraine does not provide for the institution of the President’s political responsibility, such solutions were present during the political changes after the collapse of the Union of Soviet Socialist Republics. Political responsibility of the Head of State in 1991–1993 was provided by the repeatedly amended Constitution of Soviet Ukraine (of 20 April 1978, as amended in Article 114-9(3)). The constitutional responsibility of the President in Ukraine is regulated in Article 111 of the Basic Law, which states that the Head of State is responsible for treason and other crimes, without however indicating the premises or grading the social harmfulness of these prohibited acts. The discussed problems related to the triple division of power, its exercise and legitimacy appear more and more often in Ukraine, Hungary, Poland and other countries of Central and Eastern Europe, affecting the security of the entire region.

ENVIRONMENTAL MANAGEMENT AS A COMPLEX OBJECT OF LEGAL REGULATION

2017 ◽  
Author(s):  
Dmytro Zadykhaylo ◽  
◽  
Oksana Leshko ◽  
Keyword(s):  
Environmental Management ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Complex Object ◽  
Business Associations ◽  
Legal Norms ◽  
Domestic Legislation ◽  
Legislative Improvement ◽  
The Impact

The article considers the institute of ecological management as an object of legal regulation of ecological law. The works of scientists devoted to the role of business associations in environmental and legal relations are analyzed. The paper also analyzes similar legal relations in neighboring countries. The authors aim to reveal an interesting issue, namely the impact of the phenomenon of environmental management as a driving factor in the transition to the principles of sustainable development. There is a demonstration of the conflict between economic and environmental interests, which is relevant because the relationship between these different areas of law is traced throughout the article. An analysis of the legal norms of each of the above industries is given. However, it is emphasized that only the consistent improvement of national environmental and economic legislation can be decisive factors in the economic well-being of the country. The authors propose their improvement of domestic legislation on the basis of the Law "On the Basic Principles (Strategy) of State Environmental Policy of Ukraine for the period up to 2030. The information contained in this law is fully reflected in the article and is relevant, because here the position of the authors and the position of the main legislative body of the country coincide. We can trace this further in the text, where changes to this law are demonstrated and argued with reference to leading researchers in both industries, both economic and environmental. This article will be useful for both students, as it contains a lot of guiding theoretical material on Commercial and Environmental Law. The same goes for experienced researchers, because the authors raise a large number of problematic issues that can be discussed further. It is a springboard for the legislative improvement of a large number of regulations, which can serve as a source for argumentation in drafting a bill to improve economic legislation in terms of environmental protection in the course of direct economic activity.

Sign in / Sign up

Export Citation Format

Share Document