scholarly journals Efficiency of Rules of Law in Regulation of Property Relations in International Commercial Turnover

2021 ◽  
pp. 27-34
Author(s):  
Volodymyr NAHNYBIDA
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Mandatory Rule ◽  
Law Making ◽  
Commercial Agreements

The article examines the essence and criteria for the effectiveness of the mechanism of legal regulation, the effectiveness of rules of law in international commercial agreements, given the distinction between the concept of «rule of law» as a mandatory rule of conduct adopted and protected by the state, and as a category covering not only certain national legal system, but also various legal regulators of non-national and non-state, international origin. It is established that ensuring the effectiveness of the rule of law is based on the need to achieve social, political, economic and other goals of its adoption, and is guaranteed by the construction of substantively and formally consistent, holistic within the relevant institution or branch of law and logically constructed legal prescription. It is proved that the complexity and variety of sources of legal regulation of international commercial agreements, the choice of the applicable law to which is based in general, indicates the inexpediency of limiting of the understanding of the construct of «rule of law» as exclusively sanctioned and enshrined by the state. In this regard, the thesis is put forward that in law-making activity it is necessary to construct provisions of new legislation on normative-legal acts and rule-making activity with awareness of needs and realities of international business, both Ukrainian and domestically located. Two ways to achieve this goal have been proposed: either by adjusting the proposed definitions of the rule of law or by establishing the scope of meaningful dissemination of the provisions of the future law on law-making activities exclusively within national borders and in relation to the Ukrainian legal system. Also, from the point of view of the effectiveness of legal regulation of international commercial agreements, it is justified that in this regard a broader and more modern understanding of legal norms, giving the parties a guaranteed opportunity to refer to general principles of law, trade customs, lex mercatoria, unified international instruments (for example, the UNIDROIT Principles, INCOTERMS), etc. should be implemented.

Artificial intelligence, legal system and state functions

2020 ◽  
Author(s):  
Aleksandr Bratko
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Methodological Problems ◽  
Theory Of Law ◽  
State Functions

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.

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.

scholarly journals Problems of application of state coercion in the interpretation of local lawyers in the late XIX – early XX century

2019 ◽  
Vol 2019 (2) ◽  
pp. 96-105
Author(s):  
Никита Тарасов ◽  
Nikita Tarasov
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Theory ◽  
The State ◽  
The Rule Of Law ◽  
Legal Norms ◽  
State Coercion ◽  
Qualitative Characteristics

The questions relating to the interpretation of the Russian lawyers of the late XIX – early XX century of the role of state compulsion in ensuring the rule of law are considered in article. The interrelation between the state of legality and qualitative characteristics of state coercion is emphasized. The author draws attention to the problem of state coercion in the legal and doctrinal aspects. His attention focuses on the development of the idea of the nature, purpose and limits of state coercion in the domestic police-legal theory of the late XIX – early XX century. The author considers that legal scholars thought of state coercion as an exclusive, extreme means, the use and application of which is permissible only on the basis of legal norms in order to ensure the security and stability of its socio-political and political-legal system, in compliance with the rule of law.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 1 (2) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 2 (1) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

A PROPÓSITO DEL ORIGEN Y EVOLUCIÓN DEL RÉGIME ADMINISTRATIF

2010 ◽  
pp. 767-785
Author(s):  
JESÚS LEGUINA VILLA
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Public Rights ◽  
Statutory Power ◽  
Administrative Courts ◽  
Ancien Régime ◽  
Principle Of Legality

El Derecho Administrativo es un producto propio y específico del constitucionalismo nacido tras la ruptura revolucionaria con el Antiguo Régimen, que resultará profundamente condicionado por las circunstancias sociopolíticas del país, Francia, donde nació. El Régimen Administrativo del Estado de Derecho se conforma a partir del principio de legalidad, de la potestad reglamentaria, de las libertades públicas y los derechos públicos subjetivos, de la responsabilidad de la Administración y del control a través de la jurisdicción contencioso-administrativa. Administrazio Zuzenbidea konstituzionalismoaren berezko produktua espezifikoa da, Frantziako Iraultzak Erregimen Zaharrarekin apurtu ostean sortua eta herrialde horren egoera soziopolitikoak sakon baldintzatua. Zuzenbide Estatuaren Administrazio Araubideak osatzeko hauek guztiak hartzen dira abiapuntu: legezkotasun-printzipioa, arauzko ahala, askatasun publikoak eta eskubide publiko subjektiboak, Administrazioaren erantzukizuna eta administrazio-auziarekiko jurisdikzioaren bidez egiten den kontrola. Administrative Law is a product typical and specific of the constitutionalism born after the revolutionary break-off with the Ancien Regime, which was deeply conditioned by the sociopolitical circumstances of the State, France, where it was born. The Administrative Regime of the Rule of Law was made up from the point of view of the principle of legality, the statutory power, public freedoms and subjective public rights, the liability by the Administration and the review by means of the contentious administrative courts.

The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution

2010 ◽  
Vol 78 (1-2) ◽  
pp. 135-158 ◽  
Author(s):  
Marc de Wilde
Keyword(s):  
Rule Of Law ◽  
Weimar Republic ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Annual Conference ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Legal Norms

AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that legal norms and politics, law and power, had to remain strictly separated. They thereby set the stage for the emerging 'conflict of methods and directions' that was to haunt German jurisprudence in subsequent years.

The Chinese Legal System: Continuing Commitment to the Primacy of State Power

1999 ◽  
Vol 159 ◽  
pp. 673-683 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
50Th Anniversary ◽  
State Power ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Goals ◽  
Political Relationships

On the 50th anniversary of the founding of the PRC, the legal system plays an increasingly significant role in social, economic and even political relationships. Legal norms drawn largely from foreign experiences have been selected and applied through a plethora of newly established institutions. The role of law as a basis for government authority has become a legitimate and significant issue in the broader political discourse. Despite these achievements, law in China remains dependent on the regime's policy goals. Particularly where political prerogatives are at stake, legal requirements appear to pose little restraint on state power. In this sense, the ten years that have passed since Tiananmen appear to have had little impact on the willingness of the party-state to dispense with legal requirements in pursuit of political expediency. If we are to rely upon Dicey's dictum on the rule of law being in effect when the state becomes just another actor, the rule of law in China still seems a distant prospect indeed.

scholarly journals Legal Pluralism and the Rule of Law in Timor Leste

2006 ◽  
Vol 19 (2) ◽  
pp. 305-337 ◽  
Author(s):  
LAURA GRENFELL
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The State ◽  
East Timor ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Informal System ◽  
Transitional Countries ◽  
Timor Leste

Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operates without any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. A more promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor's Constitution.

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.

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