scholarly journals National integrated system of regulatory and legal acts: reality and possibilities

2021 ◽  
pp. 9-16
Author(s):  
I. KORZH

This article examines the state of the functioning of websites of state authorities and local governments in Ukraine; legal regulation of their filling with information and their structure; the condition of the prerequisites for the creation  of a national integrated system of legal acts in Ukraine; future prospects.

Author(s):  
D. Kondratenko

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.


2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.


Author(s):  
Sergii Gryshko ◽  

The article is devoted to the theoretical substantiation of the conditionality of organizational and economic mechanisms of coordination of interests of the state and territorial communities by the legal mechanism. Based on the analysis of scientific approaches to the concept and classification of mechanisms of public administration in general, the author proposes to ensure the coordination of the interests of the state and territorial communitiesin Ukraine through legal, organizational and economic mechanisms. The scientific publication reveals the content of the legal mechanism for reconciling the interests of the state and territorial communities through such elements as forms and methods of legal regulation. Among the forms of legal regulation of coordination of interests of the state and territorial communities in Ukraine, attention is focused on the Constitution of Ukraine, international acts ratified by the Parliament of Ukraine, competent, general, and sectoral laws of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, and regulations of central and local executive bodies, local self- government bodies, the subject of regulation of which is the status of local state administrations and local self-government bodies, as well as the nature of relations between them. The methods of legal regulation include and characterize the permits, instructions, and prohibitions established for legislative acts, established for local state administrations and local self-government bodies. Taking into account the analysis of forms and methods of legal regulation of coordination of interests of the state and territorial communities in Ukraine, it is set that due to them the organizational and economic mechanisms of coordination of interests arise and are realized. In particular, with regard to the organizational mechanism, the legal mechanism creates such organizational elements as organizational entities, which are local state administrations, local governments, advisory, consultative and other bodies, as well as organizational actions, in particular, conciliation procedures, and for economic determines economic resources such as the order of formation and amounts of budget funds, objects ofstate and communal property rights.


Author(s):  
Konstantin Leonov

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.


2019 ◽  
Vol 9 (3) ◽  
pp. 262-285
Author(s):  
Svitlana Serohina ◽  
Iryna Bodrova ◽  
Anna Novak

AbstractThis article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension.Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.


Author(s):  
О. Aleksandrova ◽  
М. Kosych ◽  
Т. Kurman

Abstract. At the current stage of social and economic development the issues of the national security and its public and legal regulation, both externally and internally, are becoming more urgent. The national security supports the very existence and development of man, society and state. And the balanced state policy as well as the efficient legal regulation plays an important role in this process. The fundamental principles of the legal and regulatory environment in Ukraine are defined by the Constitution of Ukraine, the Law of Ukraine on National Security, and other legal-regulatory and international acts. And the most significant component of the national security is the economic security influencing all life spheres of a person and the whole society. The economic security is the basis of economically effective state and a necessary condition for its sustainable development. The economic security is provided at the national and international levels. At present the economic security is primarily defined by internal threats, such as uneven economic development of some territories, decline in certain industries, low living standards, etc. The analysis of the social and economic state of Ukraine clearly demonstrates that reasons for threats to the economic security of the country are of a regional nature. The appropriate level of security can be maintained by a complex system of measures aimed at improving macroeconomic performance of the country, which positively influences the local social and economic systems. An appropriate level of the economic security can be reached by implementing a system of organizational and legal measures, including economic, legal, organizational and managerial, which are enforced by competent authorities and local governments by means of various forms and methods of the state legal regulation in order to ensure rights of man and citizen, improve the living standards, and achieve sustainable development of the state. Keywords: economic security, national security, public and legal regulation, food safety, sustainable development. JEL Classification F52 Formulas: 0; fig.: 2; tabl.: 0; bibl.: 19.


2020 ◽  
Vol 1 (4(106)) ◽  
pp. 167-174
Author(s):  
Н. М. Ткаченко

The relevance of the article is that effective work on the protection of children and adolescents requires coordinated cooperation between the executive authorities, public institutions of education, health, social protection, as well as public organizations working to prevent negative phenomena in adolescence. Today, the issue of improving the efficiency of central and local executive bodies, guardianship and care bodies aimed at prevention of social orphanhood, development of comprehensive social services for children deprived of parental care and families with children in difficult life circumstances remains relevant, introduction of new technologies of social work with such children and families. The mechanism of interaction of executive bodies with public organizations engaged in the field of protection of children's rights is insufficiently effective. The purpose of the article is to, based on the analysis of the achievements of legal science, the provisions of domestic law and law enforcement practice, to identify and investigate problematic issues regarding the administrative and legal regulation of the interaction of the subjects of combating social orphanhood. The article outlines the problematic issues and features of the administrative and legal regulation of the interaction of the subjects of combating social orphanhood. The system of measures for child protection in Ukraine is determined; the order of interaction of the subjects of the system of social services; interaction of entities implementing measures in the field of prevention and counteraction to domestic violence; social prevention measures in the family, children and youth environment; basic principles of state policy on social protection of orphans and children deprived of parental care, as well as persons from among them; the order of registration of children who are in difficult life circumstances. It is concluded that despite significant successes on the part of the state in the face of authorized executive bodies and local governments to prevent and combat social orphanhood, it should be emphasized that the state social policy, the implementation of which largely depends on the interaction of these bodies, should be aimed at strengthening the social protection of families in the context of socio-economic transformation of Ukrainian society.


THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 198-203
Author(s):  
G. B. Akhmetzhanova ◽  
N. M. Mussabekova ◽  
T. E. Voronova ◽  
B. Amangul ◽  
R. V. Grigorieva ◽  
...  

This article discusses the formation of the social protection system in the Republic of Kazakhstan and its component such as social insurance, the place and role of the Head of State - the Leader of the Nation in the implementation of these reforms in Kazakhstan. The essence, goals, principles of social insurance were determined in this article. The points of view of the scientists and experts were studied. The interpretation of the social insurance, comparative analysis of the concepts of social security, social assistance, benefits and compensation was researched. The state could not stay out of this complex process and began to actively participate in it. Moreover, this participation has been carried out in two directions. The first is the creation of the state insurance system, which either protects the states’, mainly property interests, or protects certain socially vulnerable groups of the population. The second is the creation of the mechanism for legal regulation of insurance relations as the special group of the public relations. In the legislation of any country extensive block called legislation on insurance. In the market economy, based on the private property, the main driver of insurance is the desire of the owner to protect his property. At the same time, the growth of welfare causes the individual to take care of himself, which expands the scope of personal insurance.


2021 ◽  
pp. 14-20
Author(s):  
Artem Samorodov

Problem setting. Effective innovative development of the state is impossible without ensuring the proper functioning of innovation infrastructure and innovation processes. In turn, the innovation infrastructure must be accessible to users and have the ability to meet both logistical and information needs. In this aspect, an important issue that will be considered in this article is to ensure free access of participants in the innovation process to the established network of information and communication interaction and assistance. Analysis of recent researches and publications. V.V. Maloyvan, T.V. Pisarenko, T.K. Kvasha, N.V. Bereznyak, O.V. Prudka, S.V. Glibko, O.V. Rozgon, Yu. V. Georgievsky, Yu. V. Pasmor and O.M. Petukhova studied the issue of information support for access to innovation infrastructure. Target of research is to analyze the legal regulation of information support for access to innovation infrastructure; identification of existing problems and possible ways to solve them in order to increase the efficiency of the national innovation infrastructure. Article’s main body. The article discusses the state of information support of the National Innovation Infrastructure. The current legislation and powers of state authorities and other subjects of the innovation process in the field of information support are analyzed. Examples of information and communication provision of innovative infrastructure are considered. Conclusions are drawn regarding possible ways to increase the efficiency of the national innovation infrastructure. It is expedient to recognize the information and communication support of the innovation infrastructure as a necessary precondition for increasing the economic and scientific potential of the state. Innovation and investment actors seeking to increase their productivity need to navigate large amounts of information to make the most appropriate and justified decisions. This increases the importance of information and communication centers, platforms and other entities that can offer customers structured, relevant, verified and accessible information gathered in one place. Conclusions and prospects for the development. Particular attention should be paid to the need for the state to encourage the exchange of information at the regional and sectoral levels, which can be achieved by strengthening the role of local governments in providing local and regional innovation infrastructures (both by changing legislation and by conducting information campaigns and communication platforms); as well as by encouraging universities to more actively interact with society and business.


Author(s):  
Olena Makeieva ◽  
Liudmyla Shapenko ◽  
Kateryna Vodolaskova

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.


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