scholarly journals Basic approaches to understanding the concept of the legal system

2020 ◽  
pp. 24-26
Author(s):  
Andrii TALYMONCHYK
Keyword(s):  
Legal System ◽  
Basic Research ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Main Function ◽  
Law And Order ◽  
Basic Approaches ◽  
Theory Of Law

Introduction. The article analyzes the methodology of the legal system research. The basic approaches to understanding the concept of the legal system as an autonomous, coherent and coherent set of legal phenomena, aiming to comprehend social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, in particular, the state of law and order. The position of eminent scientists is supported according to which the legal system is considered from the point of view of the functions it performs, and in particular its main function - legal regulation. The legal system is a fundamental category of the theory of law and the state and law in general. Thus, according to some researchers, it includes all legal phenomena, in particular: the system of law and law, justice and legal culture, law and order, etc. In view of this, the legal system has been and is the object of much basic research. The purpose of the paper is to reveal the main approaches to understanding the concept of legal system. Results. An active study of the legal system as a phenomenon began in the 80s of the last century. Since then, several approaches to understanding the legal system have emerged in domestic jurisprudence. Proponents of the first approach include in the concept of the legal system is not an exhaustive list of elements. This position is based on understanding the legal system as a complex of all legal phenomena of a particular society. Representatives of the second approach provide a comprehensive list of elements of the legal system. However, for the most part, such scientists do not specify the criteria for selecting such elements. Today's understanding of the legal system must be free from unnecessary elements that are alien to the legal system. In this case, it is a so-called "legal" or "legal" add-on. It was this alien element that artificially burdened the construction of the legal system as a phenomenon in the Soviet period. However, this element is still included in the legal system in modern scientific literature. Conclusion. The legal system is an autonomous, coherent, coherent set of legal phenomena, the purpose of which is to comprehend the social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, and in particular the state of law and order.

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.

ARTIFICIAL INTELLIGENCE: NEW CHALLENGES FOR THE STATE AND THE LEGAL SYSTEM

2021 ◽  
pp. 32-40
Author(s):  
O. Molokaeva ◽  
Keyword(s):  
Artificial Intelligence ◽  
Legal System ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
New Challenges ◽  
And Robotics

The article deals with the concept of «artificial intelligence», its relation to the concept of AI, the scientists' point of view on the possibility of legal regulation of artificial intelligence and robotics. Issues of digital totalitarianism, political-legal and ethical-axiological aspects of digitalization of modern society are raised.

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.

scholarly journals WILL CORRUPTIONS DREAM OF COMMUNISM?

2021 ◽  
pp. 17-30
Author(s):  
А.Д. Беляев
Keyword(s):  
Human Rights ◽  
Legal System ◽  
The State ◽  
Natural Rights ◽  
Point Of View ◽  
Main Function ◽  
Domestic Legislation

В данной статье рассматривается проблема защиты естественных прав человека от коррупционных явлений. После анализа их положения в отечественном законодательстве вносятся предложения по улучшению правовой системы путём изменения норм антикоррупционного и конституционного законодательства, что необходимо для выполнения основной функции государства по защите общества от негативной деятельности отдельных индивидов, нарушающих нормы антикоррупционного законодательства. In this article, the problem of protecting natural rights from corruption is considered. After analyzing the position of natural human rights in domestic legislation, proposals are made to improve the legal system by changing the norms of anti-corruption and constitutional legislation. From our point of view, this is necessary to fulfill the main function of the state to protect society from the negative manifestations of the activities of separate individuals.

Russian Parliamentarism Party Model

2018 ◽  
Vol 42 ◽  
pp. 245-255
Author(s):  
Rostislav F. Turovsky
Keyword(s):  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Political Situation ◽  
Managerial Positions ◽  
Post Soviet Period

The article is devoted to the study of the party model of Russian parliamentarism in post-soviet period. The focus is on the issues of party representation and its correlation with the distribution of the managerial positions and introduction of collective legislation at State Duma. These issues are examined from the point of view of reaching cross-party consensus and implementation of fair parliament party representation principle. According to the author Russian parliamentarism model aims at reaching full-fledged party consensus that corresponds better to the principles of popular representation than strict parliament polarization along the line of “authority-opposition”. Understanding of those issues by the majority of the players was noted from the very start of the State Duma activities, in spite of the acute conflicts in the 1990-ies.The author draws the conclusion that the equation of party representation continues to grow at the level of managerial positions in the parliament that allows to improve cooperation of the parties and to reduce authority and opposition conflicts. Thereby the Russian parliamentarism model makes an important contribution to the stabilization of socio-political situation of the country.

LEGAL REGULATION DELEGATION OF AUTHORITY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT IN UKRAINE

2018 ◽  
Author(s):  
Viktoriia Davydova ◽  
Keyword(s):  
Organizational Support ◽  
Central Place ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Public Authorities ◽  
Financial Autonomy ◽  
Socialist State ◽  
Delegation Of Authority ◽  
Delegation Of Powers

Delegation of authority itself, as an element of the system of relations in the sphere of local self-government, is one of the most difficult, since the completeness of the competences of local self-government bodies and their resource provision occupy a central place in the scientific discourse on this issue. The legal and organizational support of delegation is also unstable today from the point of view of the completeness of the mechanisms of administrative and legal regulation of this direction of the implementation of the right to self- government by communities. In the context of the administrative reform, the consolidation of administrative-territorial units, the stimulation of the creation of united territorial communities, the question of finding the most optimal model for organizing delegation, as a process of redistribution of powers, acquires particular relevance and importance. The aim of the research is to study the formation of legal regulation of delegation of powers in the system of local self- government in Ukraine. The article defines the content of legal regulation, which is characterized by such elements as form, subject and methods. Review that the forms of legal regulation are normative legal acts adopted according to the procedures by authorized public authorities, the subject of regulation of which is the process of delegation of powers in the local self-government system. The author revealed that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self- government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature. It has been substantiated that the adoption of the Law of Ukraine dated May 21, 1997 No. 280/97-ВР "On local self-government in Ukraine" became a decisive step towards creating a system of local self-government in Ukraine, effective organizational and legal support for the delegation of powers in the local self- government system. By means of retrospective analysis, it was determined that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self-government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature.

scholarly journals Interests of participants in technology transfer and the mechanism of their provision

2020 ◽  
pp. 116-121
Author(s):  
Kseniia Ivanova
Keyword(s):  
Technology Transfer ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Protective Mechanism ◽  
Main Body ◽  
Transfer Of Technology ◽  
Innovative System ◽  
The Relationship

Problem setting. One of the subsystems of the National Innovative System is the field of technology transfer. Considering the NIS from the point of view of the interests pursued by its participants (subjects), the mechanism introduced by the legislator, providing legal regulation of certain social relations, directly depends on what interests they pursue. Analysis of recent researches and publications. The following scientists drew attention to the problems of regulation of relations in the field of technology transfer: O. M. Davydiuk, Yu. M. Kapitsa, D. S. Makhnovsky, V. S. Milash, O. P. Orlyuk, B. M. Paduchak, O. E. Simson. However, further study of these relations remains relevant especially in view of the constant updating of current legislation. Target of research is to analyze the mechanisms for satisfying the interests of participants (subjects) of technology transfer, which are introduced in the current legislation and are proposed for the future. Article’s main body. Considering the national innovative system from the point of view of the interests pursued by its participants (subjects), we can distinguish the interests of the author of the technology, recipient, technology donor and the state, whose interests determine the overall vector of the transfer process. The primary subject in technology transfer is the author of the technology – an individual who can act as a direct participant (subject) of technology transfer and be its donor, who independently decides the legal fate of the technology and / or its components. However, the author of the technology may not be a donor when it comes to the relationship between him and his employer as a performer of scientific research and development work for the budget. In this case, although the technology is created by the direct work of the author-employee, property rights to the technology are assigned to the enterprise, research institution, organization or institution of higher education as the executor of these works (organization-developer), and the author is entitled to royalties. Thus, a compromise is reached between the parties and provides the necessary balance of interests of the employer and the author. In the transfer of technology, which occurs through the conclusion of the contract, the interests of the parties to the contract are mutually conditioned. These entities, realizing their property interests, act in contractual relations on the principle of dispositiveness, ie equality of the parties, and the state does not interfere in these relations. And only when the sphere of interests of the subjects of transfer affects the interests of the state, the relationship is complicated by the establishment of additional requirements and / or procedures (in particular, the export of technologies created or purchased from the budget). The interest of the state in this case is due to the purpose of preserving national and technological security, control over the misuse of budget funds during the financing of R & D, solving other strategic tasks. The protective mechanism of legal support of the state’s interests introduced in the Law is implemented through the establishment of requirements for the use of technology and / or their components, created or purchased for budget funds, mainly on the territory of Ukraine; conducting state expertise for technologies and / or their components, which are purchased for budget funds (including through their import). Meanwhile, the world practice is aware of other means aimed at protecting the interests of the state, such as control over the re-export of technology in order to eliminate the possibility of further transfer of technology from its donor to others. Conclusions and prospects for the development. The field of technology transfer is characterized by a combination of imperative and dispositive methods of legal regulation. When concluding a technology transfer agreement, the parties agree on its terms, based on their own interests and the requirements for certain types of agreements. However, lawyers note: the wider the range of interests (individual, group), which are directly or indirectly affected by the contract, the more important should be the degree of legal regulation. Therefore, when it comes to the interests of the state, the legislator should not neglect the ability to imperatively determine the requirements to be met by the parties in technology transfer and which provide for the implementation of additional incentives for the introduction of domestic technologies into circulation, their practical application in production.

scholarly journals Theoretical and Practical Interaction Between Legal Ideology and Legal Propaganda in the Soviet Society

2018 ◽  
Vol 22 (3) ◽  
pp. 345-368
Author(s):  
Anzhelika V Gavrilova ◽  
Egor A Bogolyubov
Keyword(s):  
Cultural Values ◽  
Local Governments ◽  
Legal Education ◽  
Public Organizations ◽  
The State ◽  
Soviet Period ◽  
Soviet Society ◽  
Main Function ◽  
Legal Ideology ◽  
Ideological Influence

The main function of any ideology is to legitimize the established order of things as true, universal and unshakable. The ideological form is aimed at the formation of the addressee's specific stereotypes of behavior corresponding to the trajectory of officially recognized ideas, values, axioms, principles, norms of law. Legal ideology is a conceptualized expression of normative, political and universal methods of legal understanding. As the methods of ideological influence can be identified scientific-doctrinal and official-legal nomination, legal propaganda, legal education, legal education, etc. Legal propaganda is the systematic and purposeful dissemination in society of certain legal ideas, values, norms and programs of behavior in order to control the addressee and control his thinking and behavior, has a coercive nature in order to prevent deviation from the absolute standards of behavior. Propaganda is often one of the main means of political manipulation. At present," legal propaganda" as the most radical concept has given way to softer methods of ideological influence - "legal education" and " legal upbringing". Legal literacy and legal awareness of citizens in modern Russia is an important area of public policy, the implementation of which is entrusted to the Federal and regional public authorities, local governments, professional legal communities and public associations of lawyers, in close collaboration with civil society structures in the form of social partnerships. The involvement of public organizations for legal education of the population through legal propaganda in order to implement the state policy was actively developed in the Soviet period. Therefore, the purpose of this study is to analyze the phenomenon of the Soviet legal ideology in the context of legal propaganda by public organizations. The study was conducted within the framework of socio-cultural approach. That approach allowed expanding the idea of the place and role of legal propaganda in the Soviet society as a product of the state ideology focused on the identification of Soviet cultural values, its reglamentation and practical realisation.

PECULIARITIES OF DEVELOPMENT AND LEGAL REGULATION OF ACTIVITY OF STATE-OWNED ENTERPRISES IN RUSSIA IN THE 17th – THE 21st CENTURIES

2018 ◽  
pp. 149-154
Author(s):  
Denis Viktorovich SHEPELEV ◽  
Dina Viktorovna SHEPELEVA
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Domestic Legislation ◽  
Regulation Of Activity ◽  
Legal Structures ◽  
Legitimate Interests ◽  
Modern Economic ◽  
Commercial Organizations ◽  
State Defense

The peculiarities of the historical way of development of state-owned enterprises and the expression of their legitimate interests in obtaining profit are considered. That acquires the actual aspect taking into account modern economic realities and market conditions. The development of social values that make up the legal culture of society is dynamic with the market and economy development. The existence on the market of such public legal structures as state-owned enterprises allows the state simultaneously to make profit and realize specific, sometimes unique goals and objectives, such as the implementation of separately subsidized activities, chemical and military industries. By their legal nature, state-owned enterprises have the purpose of making a profit and are commercial organizations. The concept of “state-owned enterprise” had not been directly fixed in the domestic legislation until the adoption of the Civil Code of the Russian Federation. Such formulations as “state-owned factories”, “state-owned plants” were typical for state-owned enterprises in the pre-revolutionary period. In this regard the use of the term “state-owned enterprises” was applicable to all state-owned industry. In Soviet legislation the term “enterprise” was used without specifying the characteristics that reflect their state nature. It is concluded that the historical way of state-owned enterprises formation in Russia has passed a rather long and complicated process from the point of view of ownership, but the essence and historical purpose of the creation have not changed – it is the state defense and industry maintenance.

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