Methodology of research of the constitutional and legal status of the Ukrainian people

2021 ◽  
Vol 28 (4) ◽  
pp. 93-103
Author(s):  
Anatolii M. Kolodii ◽  
Olexii A. Kolodii ◽  
Maryna O. Petryshyna
Keyword(s):  
Direct Democracy ◽  
Legal Status ◽  
The Political ◽  
Present Stage ◽  
Legal Personality ◽  
Methodological Basis ◽  
Stage Of Development ◽  
Legal Science ◽  
Two Factors ◽  
Legal Entities

The relevance of the topic “constitutional and legal status of the Ukrainian people” is seen, first of all, in the fact that the understanding of the Ukrainian people of their essence, their political and legal status, in the context of awareness of their own legal personality, principles, powers, guarantees, that is, certain elements included in the content of the constitutional and legal status at the present stage of development and development of Ukraine as a democratic, social and Legal country, is very important, appropriate and, for the political, legal and other systems of any country, system-forming. It should also be noted that this issue, despite its fundamentality and scientific prospects, is not sufficiently doctrinairely studied by Ukrainian scientists. This is due to many determinants, of which two factors are the most obvious. First, the dominance of doctrinal approaches in Ukrainian legal science, which did not recognise the existence of the constitutional and legal status of the Ukrainian people as a whole. It was considered that only individuals and legal entities can be granted legal status. Secondly, Ukrainian scientists have traditionally preferred to study established institutions, primarily direct democracy, which are directly regulated in Chapter III of the Constitution of Ukraine, that is, elections and referendums. The aim is to clarify the methodological basis for studying the constitutional and legal status of the Ukrainian people. Based on the obtained conclusions and generalisations, a methodological basis for studying the constitutional and legal status of the Ukrainian people has been developed

scholarly journals TO THE QUESTIONS OF INTERNATIONAL LEGALITY OF LOCAL COMMUNITY IN THE INTERNATIONAL LEGAL ECONOMIC RELATIONS

2019 ◽  
Vol 2 (42) ◽  
pp. 35-61
Author(s):  
Nataliya Yakymchuk ◽  
Ganna Vlasova ◽  
Oksana Vaitsekhovska ◽  
Petro Tsymbal ◽  
Yuliia Baliuk
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Status ◽  
Economic Globalization ◽  
Intergovernmental Organizations ◽  
Legal Personality ◽  
Economic Relations ◽  
Foreign Countries ◽  
International Legal Personality ◽  
Legal Entities

The article is devoted to the issue of international legal personality of cities as subnational persons. The rapid urbanization of cities, modern processes of decentralization of power in the countries and the growth of economic globalization in the world have led to an increase in the autonomy of subnational individuals (especially such their kind as cities). The sphere of greatest manifestation of such independence is economic, within which, cities are increasingly entering into foreign economic relations not only with foreign legal entities, but also with international intergovernmental organizations and governments of foreign countries when solving economic and economic issues of local level. The rapid growth and such foreign economic activity, the legal basis of which, as a rule, are international treaties between the countries, has caused ambiguous understanding of the legal status of subnational persons and highly actualized the research of this problem in the context of determining their international legal personality. The article analyzes the doctrinal approaches to the concept of "subject of international law" and the criteria for their separation from other legal entities participating in relations with a foreign element. The basic international documents and normative legal acts of foreign countries that regulate the legal status of territorial communities of cities as subjects of local self-government and give the rights to enter into a contractual relationship on their own and in a responsible manner in a transboundary context are investigated. Exploring the forms of urban cooperation at the regional and universal levels, the following forms of networking of cities as infrastructures, which are factors of international legal regulation (aimed at economic solidarity) and political ones, in which cities often act as agents of international intergovernmental organizations, are distinguished. Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrines of international legal personality, a scientific approach to the status of cities in economic relations with a foreign element is formulated. Cities are defined as complementary (substantive) subjects of international legal relations with a special international legal personality: in the formally-legal plane they are granted the rights in foreign economic activity by the legal norms of the national law, which these relations are regulated; similarly to the states, cities (like other subnationals) are representatives of the public interest of the communities of cities; in the economic-practical plane act as independent subjects of economic relations of an international character. Illustrated signs of the rapid development of "city diplomacy", which, on the background of decentralization of authorities to territorial communities and economic globalization, led to the expansion of the scope of international legal personality in the practice of foreign economic relations and caused a gradual change in their international legal personality in international acts.

scholarly journals Ensuring the State’s Legal Liability is the Key Challenge of Legal Reform in the Modern Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 21-30
Author(s):  
O. S. Bakumov
Keyword(s):  
State Power ◽  
Legal Liability ◽  
The State ◽  
Modern World ◽  
The Political ◽  
Public Authorities ◽  
Public And Private ◽  
Legal Personality ◽  
Stage Of Development ◽  
Long Time

Special attention has been paid to the fact that the doctrine of legal liability of the state to a person is increasingly affirmed in Ukraine as a theoretical basis for the functioning of state power in general and all its agencies in particular. However, despite the large number of scientific developments, the national legal science still can not boast of an unambiguous and generally recognized understanding of the essence of the phenomenon of legal liability of the state. It has been stressed that legal liability was interpreted for a long time as a kind of “continuation” of the state itself: in the context of the concept of state coercion means it was solely perceived as an instrument of state power for punishing offenders. However, such a concept denied the question about legal liability of the state itself as an equal personality of the subject of law. It has been stated that the phenomenon of legal liability of the state one can consider a certain continuation of the political and legal strategy on self-limitation of the state by law. Such liability is naturally considered a characteristic feature of the legal type of statehood, and it directly concerns only the democratic type of states. Instead, undemocratic states do not bear or acknowledge (or only declare) any real legal liability to society. Therefore, in terms of a democracy, the state is a real subject of liability to society, which is guaranteed on the normative and institutional levels. The current stage of development of the institution of legal liability of the state is characterized by the highest normative level of its institutionalization – constitutional one. This level ensures: 1) the irreversibility of the state’s course on the establishment of legal statehood; 2) fixing the starting, the main elements of the normative model of legal liability of the state; 3) completion of the registration of legal personality of the state in the modern world, which was incomplete without constitutional establishment of its legal liability; 4) the parity nature of the relations of the state with other subjects of law on the basis of a combination of dispositive and imperative, public and private components. The constitutional model of the state’s legal liability to a human being is based on the same principles in Ukraine. Such liability, in particular, is not limited to the political or moral liability of public authorities to society, but has the features of legal liability as applying measures of public and legal (constitutional or international) nature to the state and its agencies for the failure or improper performance of the duties.

scholarly journals On the Preparation and Implementation of the Urban Reform of Public Self-Government of 1870

2020 ◽  
Vol 12 ◽  
pp. 33-36
Author(s):  
Natalya N. Okutina ◽  
Keyword(s):  
Local Governments ◽  
Organizational Design ◽  
Local Governance ◽  
Legal Regulation ◽  
Russian Empire ◽  
Present Stage ◽  
Stage Of Development ◽  
Legal Science ◽  
The Russian Empire ◽  
The City

The study of the experience of legal regulation of city authorities in the Russian Empire is one of the most interesting issues of historical and legal science today. Filling our historical vision of the development of local governance will allow further reform of local governance at the present stage of development. The author paid special attention to the issue of legal regulation and organizational design of the system of local governments according to the City Regulation of 1870. The article considers the competence of city institutions, conducted a short analysis of the interaction of state authorities with city authorities.

scholarly journals FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS OF COMMERCIAL AND NON-COMMERCIAL ORGANIZATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 304-311
Author(s):  
V. Y. Volkov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Science ◽  
The Russian Federation ◽  
Federal Laws ◽  
Commercial Organizations ◽  
Legal Entities ◽  
Modern Russian

The article deals with the administrative and legal status of commercial and non-commercial organizations. The author conducts a theoretical and methodological analysis of the administrative and legal status of commercial and non-commercial organizations. The author focuses on the fact that in modern Russian legislation there are processes of duplication of norms in the field of legal regulation of legal entities: the same issues are regulated by the civil code of the Russian Federation and special Federal laws, which in some cases leads to contradictions. The author notes that the administrative and legal status of commercial and non-commercial organizations in a number of representatives of legal science is studied in fragments, representing mainly a list of elements, without justification of why these characteristics are highlighted. The author concludes that the administrative and legal status of commercial and non-commercial organizations is a certain structure consisting of several blocks, which, in turn, consist of interrelated elements, the exclusion of which leads to the termination of the administrative and legal status.

scholarly journals Legal status of minors held in educational colonies in the Russian Federation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 475-487
Author(s):  
Dina Viktorovna Alontseva ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Status ◽  
Formal Logic ◽  
Present Stage ◽  
Methodological Basis ◽  
Domestic Legislation ◽  
General Scientific ◽  
The Russian Federation

The article is devoted to the analysis of the theoretical and legal bases regulating the legal status of minors who are in places of deprivation of liberty.  The methodological basis of the research is made up of general scientific, private and special methods of cognition. The general scientific dialectical method allowed us to consider the problem of legal relations arising in the sphere of securing the legal status of minors who have been sentenced to imprisonment; to conduct a comparative analysis of international and domestic legislation in regulating the designated topic. Using the methods of formal logic, the transformations in the sphere of regulating the legal status of juvenile convicts at the present stage are characterized, defects in regulatory regulation are identified. The methods of scientific knowledge will help to conduct a study of the current legislation for its compliance with the problem under consideration.

scholarly journals YOUTH POLICY AND YOUTH ORGANIZATIONS: CONCEPT AND MAIN APPROACHES

2017 ◽  
Vol 2017 (3) ◽  
pp. 4-13
Author(s):  
Александр Митин ◽  
Alexander Mitin
Keyword(s):  
Social Justice ◽  
Political Culture ◽  
The Political ◽  
Youth Organizations ◽  
Current Position ◽  
Present Stage ◽  
Youth Policy ◽  
Political Processes ◽  
Youth Movements ◽  
Stage Of Development

<p><span>The paper introduces some Russian and foreign researches connected with current position and a role the young play in the society, as well as with youth policy and the youth </span><span>organizations in social and political structure. According to the author, one can distinguish </span><span>three groups of youth movements, according to their forms, the areas of work and the methods of activity, in relation to the present stage of development of the youth organizations: moderate, centrist and radical. The current studies in this field are gradually moving from social and psychological terrain into the political one. The author assumes this might be connected with growth of political culture among the youth, their desire to become specialists in the vocation they have chosen and their readiness to act not only as an object of socio-political processes, but also the active co-author of political changes in the state. Therefore, the term «left youth organizations» finds more and more application in this regard. The term is connected with the work of moderate and radical youth movements and the organizations that pay attention in their program documents to the matters of social justice, the principles of solidarity and internationalism in the Russian political practice.</span></p>

scholarly journals Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities

2021 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak ◽  
Yu.I. Paruta
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Personality ◽  
For Profit ◽  
The Status ◽  
Legal Model ◽  
Charity Organization ◽  
European Standards ◽  
Legal Entities

The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.

scholarly journals The conception of periodization of the history of Ukrainian state formation by Ivan Lysyak-Rudnytsky

2021 ◽  
Vol 3 (3) ◽  
pp. 87-93
Author(s):  
Artem Skyrta
Keyword(s):  
State Formation ◽  
Scientific Community ◽  
Main Part ◽  
Creative Work ◽  
Present Stage ◽  
Stage Of Development ◽  
Legal Science ◽  
History Of ◽  
The Creation ◽  
Basic Approaches

The article analyzes the creative work of the historian of Ukrainian emigration I. Lysyak-Rudnytsky on the periodization of the history of Ukrainian statehood in the context of the most common approaches to the periodization of the history of statehood. The introduction of the article contains remarks on the existing problem of periodization of the history of statehood of any country, due to the presence of various factors that serve as criteria for the creation of periodization. Therefore, none of the proposed periodizations can fully satisfy the entire scientific community. The main part of the article contains an analysis of the main approaches to the periodization of the history of Ukrainian statehood, in particular: the formational approach, mainly used by scientists in Soviet Ukraine and the civilizational approach, which was first presented to Ukraine in the early XX century in the scientific works of M. Hrushevsky. In the course of this analysis, the definitions of such concepts as «formational approach» and «civilizational approach» in relation to the periodization of the history of statehood were analyzed. In addition, this analysis was accompanied by a study of the main works of scholars who studied the history of Ukrainian statehood in a particular approach. The whole analysis was performed with the use of remarks expressed in the work by I. Lysyak-Rudnytsky on these basic approaches, as well as opportunities for their elimination at the present stage of development of historical and legal science. At the end of the article, a conclusion is made about the relevance of the concept of periodization of the history of Ukrainian statehood proposed by scientist, as well as its significance in the light of recent events in the development of Ukrainian statehood.

POLITICAL METAPHOROLOGY AT THE PRESENT STAGE OF DEVELOPMENT (2010-2019)

2020 ◽  
pp. 56-70
Author(s):  
E.V. Budaev ◽  
◽  
A.P. Chudinov ◽  
Keyword(s):  
Political Communication ◽  
Political Life ◽  
The Political ◽  
Present Stage ◽  
Mental Phenomenon ◽  
Cognitive Characteristics ◽  
Stage Of Development ◽  
Sign System ◽  
Different Types ◽  
Political Linguistics

The article deals with the major trends of modern political metaphorology (2010-2019): cognitive (considering a political metaphor as a mental phenomenon); rhetorical (focused on the analysis of political metaphor as a pragmatic mechanism of influence on the addressee); discursive (exploring a metaphor in a broad extralinguistic context in different types of political discourse); semiotic (studying metaphor and especially non-verbal representations of metaphor as a special sign system reflecting the political life of society). The leading trends in the development of modern political metaphorology reflect general trends characteristic of non-classical science (the growth of interdisciplinarity, methodological pluralism, criticism of universalism and increased attention to the national-cultural specifics of communication). Russian and foreign linguistics are characterized by growing tendency of combining both discursive and cognitive characteristics of political communication, which leads to overcoming the traditional contrast between cognitive and discursive directions for political linguistics, as well as to the convergence of rhetorical (stylistic) and cognitive approaches.

scholarly journals METHODOLOGICAL BASIS OF LEGAL ENTITIES POLITICAL ACTIVITY IN RUSSIA IN THE PARADIGM OF THE THEORY OF POLITICAL MANAGEMENT

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 15-20
Author(s):  
A. S. Avetisyan ◽  
Keyword(s):  
Social Relations ◽  
Unfair Competition ◽  
Political Activity ◽  
The Political ◽  
Russian Science ◽  
Modern Aspect ◽  
Methodological Basis ◽  
Russian Economy ◽  
Political Management ◽  
Legal Entities

The article is devoted to the analysis of the methodological basis of the political activity of legal entities in Russia in the paradigm of the theory of political management. The article is current. The relevance of the article is due to the need to study the political activity of legal entities, taking into account the beginning of the transition of the Russian economy to market social relations, which involves the suppression of unfair competition between the relevant economic entities.The author examines the methodological basis of the legal entities political activity in Russia, taking into account the modern aspect of political management, which needs in-depth research in the context of the realities of Russian science

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