scholarly journals The theory of law functions. Introduction

Legal Ukraine ◽  
2020 ◽  
pp. 6-13
Author(s):  
Viktor Kovalskyi
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Professional Competence ◽  
The State ◽  
Important Place ◽  
Scientific Analysis ◽  
Legal Security ◽  
The Impact ◽  
Functional Purpose

The development of the theoretical doctrine of the functions of law is associated with the creation of fundamental scientific knowledge about legal phenomena, processes and events. An important place in this case is occupied by an understanding of the impact of law on public, political, economic processes, civil society institutions, the binding of state power institutions to the norms of law, as well as legal motivation and identification of a person. Scientific knowledge about the state, determination and laws of the functions of law, their functioning in the information and legal space, is formed at the intersection of industry and intersectoral generalizations, the absorption of certain signs, phenomena and processes. Such knowledge relates, firstly, to the development of a methodology for the analysis of new social and legal phenomena (development of the technology of scientific analysis), and, secondly, they are realized in the context of obtaining and consolidating in the practical plane legal facts, concepts, events (development of legal praxeology). The scientific and practical problems of the functional purpose of law are related to the issues of management tools based on law, society’s self-preservation, legal security, legal consolidation and professional competence, as well as the development of legal awareness, legal culture and legal mentality of Ukrainian citizens. A theoretical analysis of the problems of the function of law can be properly carried out in determining the public boundaries of the emergence and change of legal relations, including those combined in protective, regulatory, organizational jurisdictions; at the present stage, such jurisdictions are mainly departmental or sectoral in nature. Among the many legal phenomena that have become the object of functional analysis, such phenomena as the state and quality of the legal system, the quality of legislation, the sequence of legal policy, legal civilization, regulation and control of public relations have recently attracted attention. The conceptual apparatus of legal science has recently increased significantly, although at the same time the methodological circle of concepts and methods of analysis practically remains the same. Conclusion: the theory of the functions of law makes it possible to determine the objects, objects and methodology of scientific knowledge of law in its functional purpose, integrative interpretation of legal concepts and categories. Key words: functions of law, influence of law, binding by the right of power, legal identification, expansion of the methodology of scientific analysis, restrictions on human rights, jurisdictions.

scholarly journals Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect

2021 ◽  
pp. 277-281
Author(s):  
А. А. Marzhyna
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
Scientific Research ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Range Of Functions ◽  
Functional Purpose

The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary. This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary. It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union. Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary: first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions; secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc. In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify the content and meaning of the legal norm concerning notarial activity and provide relevant explanations to legal entities. For example, clarification of the rights and obligations of the parties to the contract of sale of real estate, certified by a notary. Keywords: notary, notarial activity, functional purpose of notary, legal interpretive function of notary.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

scholarly journals HOSPITALITY MANAGEMENT AS A PREREQUISITE OF EFFECTIVE TOURISM DEVELOPMENT IN UKRAINE

2021 ◽  
Author(s):  
Olena Khytra
Keyword(s):  
Quality Of Service ◽  
Corporate Culture ◽  
Management System ◽  
Hospitality Industry ◽  
Professional Competence ◽  
Tourism Industry ◽  
Hospitality Management ◽  
Social Orientation ◽  
The Impact

The hospitality industry acquires the features of an integrative industry, which combines material resources and intangible factors to meet the needs of modern man for comfortable travel and recreation. Hospitality is interpreted as a complex economic, social, cultural, psychological phenomenon, the impact of which on the development of the tourism industry determines the effect of synergy from the combination of tourist resources and quality of service. The author of article proposes to consider hospitality management as a multilevel dynamic management system for the process of providing services to tourists and vacationers, based primarily on the principles of humanism, tolerance, personalization of hospitality, respect for cultural diversity, priority to meet human needs for quality recreation and physical strength as well as cultural self-development. The social orientation of this system to some extent balances the commercial, purely pragmatic aspect of managing the development of tourism enterprises. A holistic model of hospitality management is based on a harmonious combination of four concepts. They are humanitarian, technological, functional and commercial. The system-forming component of the hospitality sector is a mechanism for managing consumer behaviour, which ensures an optimal balance of supply and demand in the market of hospitality services. The specifics of service in the hospitality industry is that the quality of service affects the emotional perception of tourists in the area and, accordingly, affects the image of the state. Therefore, the mechanism for implementing the service policy should be established through public administration measures. Among the key areas of hospitality management development is the formation of a rational organizational structure, improvement of hospitality marketing and support of corporate culture, the values of which are adequate to the socio-cultural environment of the hospitality industry. The specificity of the hospitality industry is also that an important role in ensuring competitiveness is played by an attractive brand, which stipulates the allocation in the management system of such a component as brand management. Considerable attention should be paid to the innovative development of hospitality enterprises and the constant improvement of professional competence of managers of socio-cultural activities.

scholarly journals Profesionalisme Guru dalam Upaya Peningkatan Mutu Pendidikan Islam di Era Globalisasi

2021 ◽  
Vol 7 (1) ◽  
pp. 62-72
Author(s):  
Muflikhatul Munawaroh
Keyword(s):  
Professional Competence ◽  
Islamic Education ◽  
Teacher Professionalism ◽  
Library Research ◽  
Analysis Technique ◽  
Pedagogical Competence ◽  
Statistical Analysis Technique ◽  
Efficient Learning ◽  
The Impact

Indonesia is currently experiencing an education crisis. Education is the key to the success of a nation. Human Resource Improvement is an outstanding problem solving solution. Teachers as educational staff and the main factor in the creation of a qualified Islamic education. Teacher professionalism has an effect on improving the quality of education. This study uses a qualitative approach with library research research methods in the form of documents. The data analysis technique used was descriptive (non-statistical) analysis technique. The results of the study: First, teacher professionalism in improving the quality of Islamic education can be seen from four aspects of competence, namely pedagogical competence, personality competence, social competence, and professional competence. Second, the supporting factors are divided into two, namely internal factors and external factors while the inhibiting factors, namely the majority of teachers have not fully pursued their profession, there are still universities that produce original teacher graduates, and the low motivation of teachers in improving the quality of the profession. Third, the impact of the low professional competence of teachers is that learning activities are less effective and efficient, learning is less than optimal, the learning atmosphere is less pleasant and comfortable, learning outcomes are less creative, active, and productive.

Formation of the Economic Model and the Impact of Economic Factors on the Health of Russian Population

2018 ◽  
Vol 8 (8) ◽  
pp. 2557
Author(s):  
Tamara G. ROMANOVA ◽  
Valentina D. BATOMUNKUEVA ◽  
Tatiana K. GYRGENOVA ◽  
Nataliya V. MONGOLOVA ◽  
Roman Zh. TSYDYPOV
Keyword(s):  
Federal District ◽  
The State ◽  
Economic Losses ◽  
Economic Factors ◽  
Main Task ◽  
Public Benefit ◽  
Level Model ◽  
The Individual ◽  
The Impact

The article is about the influence of economic factors on the health quality of the population as a public benefit. Health of the individual has an important role in national economy, both in processes of formation of public health, and in reproduction of quality of a manpower. The review of the indicators of evaluation test of health of the population applied in the Russian practice is given in article. Health of the population and economy of the state have close interrelation and interdependence: not only the economy influences health of the population, but also health of the population affects the economy of the state. The technique allowing to assess economic damages from loss of health on the basis of which economic losses from mortality of the population at working-age in Siberian Federal District are estimated is presented. The economic three-level model of health upgrading of the population allows to reveal paths of health upgrading for improvement of economy in the country is developed. The three-level model reflects preventive character with obligatory selection of the measures accompanying achievement of the main task – to upgrade the population health as the public benefit and to increase the level of economy.

scholarly journals HEALTH UNDER OCCUPATION Counter Strategies and Resistance Tactics of Palestinians and the Health System in the State of Palestine

2019 ◽  
Author(s):  
Sigge Andersson
Keyword(s):  
Quality Of Life ◽  
Health Care ◽  
Health System ◽  
Access To Health Care ◽  
The State ◽  
Health Determinants ◽  
Theory Approach ◽  
Access To Health ◽  
The Impact

The impact of occupation on health and access to health care is a significant issue for the state, health sector and citizens of Palestine, who struggle with difficulties related to an enduring sociopolitical stalemate. The study presents narratives from the field, conceptually exploring if and how occupation affects health and access to health care and how the situation is tackled by Palestinians in general and by health system actors specifically. A grounded theory approach analyzing in-depth interviews with health staff and field memos was used, with semi-quantification of emerging concepts through surveys of Hebron students that assessed health-related quality of life and health literacy with psychometric instruments (SF36 and GSE) and assumed health determinants. One key theme in the data analysis was isolation as a result of multiple barriers, including the wall and checkpoints, imprisonment and violence, which have an impact on determinants of health and quality of life in Palestine. In the survey 54% (n=90) were affected by such factors of occupation. Barriers affect access to health care, especially in rural areas. Mentally and materially breaking free from barriers of occupation seems to be a common task in all levels of Palestinian society. Achieving this goal requires different counter strategies and tactics. Presently, Palestine depends on ad hoc coping strategies, including the use of mobile clinics. Other ways to cope emerged in the data as well. Results from this mixed-methods study suggest that isolation is a main concern for Palestinians, resulting from barriers in policies of occupation that affect health and access to health care. Another concept emerging from the analysis was tactics and strategies against occupation in society.

scholarly journals Anti-Corruption Expertise in Evaluating the Effectiveness of the Anti-Corruption Policy

2018 ◽  
Vol 12 (5) ◽  
pp. 689-698
Author(s):  
Tatyana Sudakova ◽  
Natalya Vasilyeva
Keyword(s):  
Public Relations ◽  
Expert Evaluation ◽  
Important Place ◽  
Individual Level ◽  
Irkutsk Region ◽  
Wide Range ◽  
Strategic Measures ◽  
The Individual ◽  
Quantitative Indicators

The effectiveness of currently implemented wide range of strategic measures aimed at reducing the corruption and criminogenic potential in many spheres of life directly depends on their effectiveness in some key areas. The institute of anti-corruption expertise (ACE) of legislation, which now incorporates a considerable theoretical and methodological basis, requires further improvement and elimination of identified drawbacks. An almost decade of its history has been characterized by a steadily growing number of expert evaluations and the corresponding increase in the number of identified corruption-generating factors and the number of changes and amendments to normative acts. However, this dynamics is subject to controversial evaluations by analysts who talk about a routine formalistic approach and stereotyped, one-size-fits-all actions of experts and other parties involved in the multilateral mechanism of ACE. The analysis of information on the websites of professional bodies implementing ACE from the standpoint of quantitative indicators shows that this institute is effective. At the same time, the true criteria of effectiveness, connected with the improvements in the quality of the lawmaking process as a desirable result of implementing ACE, cannot be reduced to the evaluation of quantitative indicators alone. The monitoring of the effectiveness of measures implemented today within the ACE framework duly stresses the qualitative criteria of such effectiveness. Using them in the expert evaluation of municipal normative legal acts (NLA) and draft acts makes it possible to update the task of improving the quality of the lawmaking process at all levels of public administration. Municipal NLAs hold an important place both in the volume of the decisions made and the scope of public relations that they regulate, which sets the task of evaluating the quality of such acts to a new level. The analysis of the regional expert evaluation of municipal NLAs (using the example of Irkutsk Region) made it possible to compare the existing practices in this sphere and to identify typical circumstances that reduce the anti-criminogenic potential of ACE. The expertise aimed at identifying the corruption-generating factors in the law enforcement acts - in the personified decisions of the municipal bodies - is not common practice. At the same time, such NLAs at the individual level act as serious regulators of the legal sphere of peoples lives because they are connected with decisions on the provision of state support, the allocation of quotas, the distribution of expenses, etc.

scholarly journals Digitalization of the housing and communal services: development prospects

2021 ◽  
Vol 263 ◽  
pp. 04037
Author(s):  
Ekaterina Dmitrieva
Keyword(s):  
Digital Technologies ◽  
Public Utilities ◽  
Services Sector ◽  
The Public ◽  
Organization And Management ◽  
Scientific Analysis ◽  
Smart Technologies ◽  
Active Implementation ◽  
The Impact

The subject of the research is to study the impact of modern digital technologies on the organization and management of public utilities within the framework of the concept of “smart HCS”, which ensures optimization of municipal budgets, reducing the costs of homeowners for the maintenance of real estate, and, as a result, improving the quality of life of citizens. The purpose of the study is to identify promising areas of digitalization of the housing and communal services sector (hereinafter referred to as HCS), creating comfortable and safe living conditions for citizens using smart technologies adapted to the “smart city” concept. In the course of the study, the methods of scientific analysis were used, including methods of analogies for generalization and comparative analysis of the digitalization of such areas as the “smart” housing sector and the “smart” utility sector. The result of the study is to highlight the most promising areas of digital transformation of the public utilities sector and the positive effect that can be obtained for each participant in this business process. As a conclusion, it should be noted that the active implementation of the concept of “smart HCS” will help in solving such problems as increasing the readiness of management companies and resource supplying organizations to use digital technologies for high-quality provision of public services to the population, intensifying work on the formation of a unified information environment for control and supervision in the field of HCS through the further development of SIS HCS, etc.

scholarly journals On the issue of administrative and legal regulatory mechanism in the domestic pharmaceutical industry relations

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Gulac Olena ◽  
Keyword(s):  
Pharmaceutical Industry ◽  
Public Relations ◽  
Legal Regulation ◽  
Public Authorities ◽  
Constant Change ◽  
Decentralization Reform ◽  
The Individual ◽  
The Impact ◽  
Industry Relations

The article analyzes the individual components of the mechanism of administrative and legal regulation of relations in the domestic pharmaceutical industry at the present stage. Some problematic aspects of such activity are outlined. The legal bases of regulation of relations in the domestic pharmaceutical industry and the preconditions for reforming both the industry as a whole and its institutional component are determined. It is noted that the state policy in the pharmaceutical sector is implemented by public authorities, however, which, based on the constant change of the central executive system and decentralization reform, undergo quite frequent transformations, which directly affects the quality of their direct functions. In the pharmaceutical industry of Ukraine, there are a number of problematic issues, including corruption. One of the most painful problems facing the country is the problem of providing the population with quality and affordable medicines. The directions of activity of the domestic pharmaceutical branch are analyzed. It is noted that the administrative and legal regulation of relations in the pharmaceutical industry is an integral part of national management. The mechanism of administrative and legal regulation of relations in the pharmaceutical industry is considered as a system of tools (legal, organizational and institutional), which are components of the impact of this branch of law on public relations in the pharmaceutical industry and aimed at ensuring its proper functioning. The analysis of elements of administrative and legal regulation of relations in the pharmaceutical industry is carried out. Keywords: pharmaceutical industry, mechanism of administrative and legal regulation, administrative and legal regulation of relations in the pharmaceutical industry, health care legislation, medical industry, administration in the medical field

scholarly journals Warunki mieszkaniowe jako wyznacznik jakości życia osób niepełnosprawnych na przykładzie osób z dysfunkcją narządu wzroku

Ekonomia ◽  
2019 ◽  
Vol 24 (3) ◽  
pp. 97-113
Author(s):  
Agnieszka Sadowa
Keyword(s):  
Quality Of Life ◽  
People With Disabilities ◽  
Housing Conditions ◽  
Disabled People ◽  
Important Place ◽  
The Disabled ◽  
The Right ◽  
The University ◽  
The Impact

Housing conditions as a determinant of the quality of life of disabled people, based on the example of people with sight dysfunctionOne of the basic needs of a person is to have a place to live. Virtually everyone dreams of having their own place, to relax and feel safe. Such a space is an important place for people with disabilities, because it is often the only place that is tailored to their needs, where they feel safer than in any other spaces. Every citizen of the country has the right to housing, which is provided by numerous docu­ments and regulations.The purpose of this article is to evaluate the impact of housing conditions on the quality of life of people with disabilities. The following thesis has been formulated in the work: the disabled aim to improve the quality of their lives by changing housing conditions.Literature sources have been reviewed to define basic concepts, the results of previous studies have been correlated. After accessing the database, the results of the research carried out in March 2015 by the foundation “Nie widzę problemu” literally meaning “I do not see the problem” with involvement of employees and students of the University of Wroclaw have been compiled.The analysis shows that respondents most often live together with their parents and spend a large part of their income on purchases related to household appliances. As much as 60% of re­spondents do not own a flat. Approximately 68% find the buildings they live in are not suited to their needs, however only 23% of them try to get social housing.Translated by Karolina Riemel

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