Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1246
Author(s):  
Yuriy S. NAZAR ◽  
Tetiana Ya. NAZAR ◽  
Ivanna M. PROTS ◽  
Danylo I. YOSYFOVYCH ◽  
Olena M. ILYUSHYK
Keyword(s):  
Eastern Europe ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Distinctive Features ◽  
Scientific Methods ◽  
Financial Responsibility ◽  
Special Scientific ◽  
General Scientific ◽  
Conducting Research

The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.

scholarly journals Modernization of the institution of government control of entrepreneurial activity

2020 ◽  
pp. 36-47
Author(s):  
Renata Nadimovna Aganina ◽  
Tat'yana Aleksandrovna Andronova
Keyword(s):  
Research Methods ◽  
Russian Federation ◽  
Case Law ◽  
Entrepreneurial Activity ◽  
Government Control ◽  
Scientific Methods ◽  
Preventative Measures ◽  
General Scientific ◽  
The Russian Federation ◽  
Legislative Initiative

This article presents modern vectors of reforming the institution of government control of entrepreneurial activity. The work touches on the questions of implementation of the mechanism of “regulatory guillotine”. Analysis is conducted on separate aspects of the legislative bill No.850621-7 “On Government Control (Supervision and Municipal Control in the Russian Federation”. The work illustrates with examples from case law the problematic of requirements set for the subjects of entrepreneurial activity. It reflects the dynamics of legislative initiative in the area of improvements to the institution of government control of entrepreneurial activity. The authors signify the positions of scientific and entrepreneurial communities on this topic. The article employs general scientific methods, analysis, and logical methods of cognition, as well as private scientific research methods (formal-legal, comparative-legal). The key conclusions of this research consist in clarification of the main principles of government control, need for information and digital support of entrepreneurs within the framework of government control; specification of preventative measures in carrying out government control; criticism of implementation of insurance mechanisms as an alternative to supervisory measures.

scholarly journals FEATURES OF DIRECT DEMOCRACY IN SWITZERLAND

2020 ◽  
Vol 4 (1) ◽  
pp. 49-55
Author(s):  
Svetlana A. Solomonova
Keyword(s):  
Direct Democracy ◽  
Time Frame ◽  
Political Issues ◽  
Scientific Methods ◽  
Federal Constitution ◽  
The People ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Legislative Initiative ◽  
Popular Initiative

The subject. The article is about the peculiarities of referendum and popular initiative which are the main forms and institutions of direct democracy in Switzerland. The purpose of the article is to determine the peculiarities of direct democracy in Switzer-land and characterize its main forms: referendum and popular initiative. In order to achieve the objective the following tasks can be defined: 1) to find the origins and identify the variations of forms of direct democracy in Switzerland; 2) to trace the evolution of en-shrining on the statutory level of such institutions of direct democracy in Switzerland as referendum and legislative initiative from the time of their conceiving till the enactment of the actual Constitution; 3) where relevant, to perform a brief comparative analysis of the forms of direct democracy in Switzerland and similar institutions shaped in other countries; 4) to define the role and meaning of referendum and legislative initiative in history as well as in the modern stage of the development of the Swiss State. The methodology of the study includes the use of general scientific methods (description, deduction, induction, analysis and synthesis) together with formal juridical and compara-tive juridical approach. In addition, throughout the article and, in particular, while working with sources of law, historical approach and systematic approach were practiced. The main results and scope of their application. The article presents the analysis of such forms of direct democracy in Switzerland as referendum and popular initiative, character-izing each form. The principle of democracy expressed by the practice of referendum and legislative initiative is present in its entirety. No country in the world has come as close to applying direct democracy to national political issues as Switzerland. Since the mid-nineteenth century, when the country's first Federal Constitution was adopted, Switzer-land has managed to hold more referendums than all other countries combined in the same time frame. Conclusions. Referendum enables Swiss citizens to dismiss the measures taken by their representatives and the initiative gives the citizens possibility to put laws into practice in-dependently from the legislative powers. Swiss experience vividly demonstrates that used sensibly and taking into consideration national legislative traditions such forms of consult-ing with the people can be quite promising and efficient for other European countries.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

scholarly journals Ways of Transferring the Internal Speech of Characters: Psycholinguistic Projection

2020 ◽  
Vol 27 (2) ◽  
pp. 361-384
Author(s):  
Liudmyla Shytyk ◽  
Alina Akimova
Keyword(s):  
Literary Criticism ◽  
Integrated Approach ◽  
Reference Points ◽  
Direct Speech ◽  
Scientific Methods ◽  
Semantic Component ◽  
General Scientific ◽  
The Rose ◽  
And Linguistics ◽  
Internal Speech

Objective. The purpose of the article is to provide a comprehensive analysis of the ways of transmitting the characters’ internal speech (internal direct speech and non-proper direct speech) in a psycholinguistic projection. Materials & Methods. During the research we used general scientific methods (analysis, synthesis, observation, description, classification, definitive analysis), linguistic and psycholinguistic methods (the methods of structural-semantic, component and opposition analysis, the method of dialogical interpretation of the text). Stepan Protsyuk’s psychologically biographical trilogy about Ukrainian writers – Vasyl Stefanyk («The rose of ritual pain»), Arkhyp Teslenko («Black Apple») and Volodymyr Vynnychenko («Masks fall slowly») served as material for research. Results. The multiplicity and multi-sectoral focus of the notion of «internal speech» from the standpoint of psychology, psycholinguistics, philosophy, literary criticism and linguistics are determined. An integrated approach to understanding the essence of internal speech is based on its dialogicality, virtual communicativeness, self-communicativeness and interdependence of language and speech. The qualification characteristics of the internal direct speech and non-proper direct speech are outlined, their structural and semantic varieties are described. The internal speech of the characters appears not only for reproduction of the monologic reflections of the character, but also as a form of inner, veiled talk of characters among themselves. With this in mind, two forms of representation of the internal direct speech are singled out: monologic and dialogic. The non-proper direct speech is differentiated into two varieties depending on stylistic reference points and the degree of approaching the direct speech: «literary» («author’s») and «character’s» («personal»). The functional-stylistic potential of ways of transferring the internal speech in the idiostyle of Stepan Protsiuk is revealed. Conclusions. It is concluded that the ways of transmitting of internal speech (internal direct speech and non-proper direct speech) widely used in the psychologically biographical novels of Stepan Protsiuk provide additional linguistic material for creating of psychological portraits of heroes and contribute to the artistic solution of the tension between the author’s speech and hero’s speech. Moreover, they help to adjust the interactions in their dialogue, reduce the distance between the narrator and the hero, the hero and the reader.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

scholarly journals COMPETITIVE ADVANTAGES OF MODERN FORMS OF MANAGEMENT BY A HOTEL BUSINESS

Management ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 108-118
Author(s):  
Nataliia V. Kulak
Keyword(s):  
Voluntary Associations ◽  
Business Management ◽  
Hotel Industry ◽  
Integrated Approach ◽  
Practical Experience ◽  
Competitive Advantages ◽  
Scientific Methods ◽  
Hotel Chains ◽  
General Scientific ◽  
Independent Hotels

Introduction and purpose of the study. Recently, the issue of increasing the efficiency of the functioning of hotel business establishments due to the application of competitive advantages becomes of paramount importance.It is well-known that in the conditions of an integrated approach to the creation and use of competitive advantages, an enterprise is able to prevail in the demand market. Practical experience of the domestic hotel industry shows that some forms of organization of hotel activities for the domestic hotel industry are new, which creates the need to explore the features of modern forms of management of hotel enterprises in the system of competitive advantages.The hypothesis of scientific research. It is assumed that the processes of globalization and integration necessitate the formation of new forms of organization of hotel activity of the domestic hotel industry in order to improve the form of management of hotel business.The purpose is to determine the essence and content of modern forms of hotel business management in the context of the concept of competitive advantage.Methods of research: general scientific methods of analysis, synthesis, comparison, systematization and generalization.Results: modern forms of organization of hotel business management, which are used by leading specialists of the hotel industry sphere, reveal the peculiarities of their activity, the strengths and weaknesses of such forms of organizing management of hotel industry enterprises as independent hotels, voluntary associations of hotels and hotel chains.

scholarly journals Substantial Violation of Human Rights and Freedoms as a Prerequisite for Inadmissibility of Evidence

Justicia ◽  
2021 ◽  
Vol 26 (39) ◽  
pp. 47-56
Author(s):  
Serhii Yevhenovych Ablamskyi ◽  
Liudmyla Volodymyrivna Havryliuk ◽  
Valentyna Georgievna Drozd ◽  
Olena Volodymyrivna Nenia
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Domestic Courts ◽  
General Scientific

Objective: The aim of the article is to analyze the various legal and theoretical provisions related to the determination of legal content of the concept of finding evidence inadmissible due to substantial violation of human rights and freedoms. Method: The authors use general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, generalization and logical, are applied. Results: The problematic issues of the procedure for finding evidence inadmissible due to substantial violation of human rights and freedoms in the criminal proceedings of Ukraine are studied. Some essential violations in collecting evidence by the prosecution are under focus. The ECHR’s case-law with regard to procedure for finding evidence inadmissible is analyzed. The implementation of the doctrine of "fruit of the poisonous tree" and specificity of its application to direct and derivative evidence by domestic courts and the case law of the ECHR is considered. Conclusions: The authors argue that the investigator is required to comply with the procedure for investigative actions prescribed by the provisions of the CPC of Ukraine in order to ensure human rights and freedoms. The analysis of the application of provisions of the CPC of Ukraine and the ECHR’s case law regarding the issue raised enables to formulate sound conclusions.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

Sign in / Sign up

Export Citation Format

Share Document