scholarly journals Digitization in Law: International-Legal Aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 547-563
Author(s):  
Liydmyla Panova ◽  
Liliya Radchenko ◽  
Ernest Gramatskyy ◽  
Anatolii Kodynets ◽  
Stanislav Pohrebniak
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Aspect ◽  
State Level ◽  
Legal Regulation ◽  
International Experience ◽  
Legal Mechanism ◽  
Constant Improvement ◽  
Scientific Achievements

Due to the development of the information society, countries face the task of effectively regulating the relevant social relations. The mechanisms of such regulation should correspond to the specifics of such relations. Digitization is one of the modern methods of legal regulation, which is the use of information technology at the state level. The existing scientific achievements on digitalization processes need constant improvement, which corresponds to the specifics of this field. The object of research is digitalization in law in the light of international experience. The article aims to study and analyze digitalization in law in the international legal aspect. The following methods were used during the study: systemic, systemic-functional, comparative, sociological, analysis, synthesis, analogy, observation, classification, and statistical analysis. The article analyzes the phenomenon of digitalization, identifies the main approaches to understanding it. On the example of international experience (such countries as France, Germany, Italy, Georgia, Greece, and Great Britain), the mechanisms of using digitalization in public administration are determined, the legal regulation of informatization is analyzed. Also, based on the study and analysis of doctrinal teachings of international information experience, it is proposed to improve the domestic legal mechanism to ensure the effective functioning of public relations.

scholarly journals Innovation and innovation activity: legal aspect

2020 ◽  
Vol 15 (3) ◽  
pp. 141-187
Author(s):  
IGOR P. KOZHOKAR
Keyword(s):  
Social Relations ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Economic Science ◽  
Conceptual System ◽  
Legal Concept ◽  
Innovative System ◽  
Legal Concepts ◽  
Legal Mechanism

. Innovation is becoming a vector of modern social development not only in Russia, but also around the world. The category of innovation is used not only in economic science, but also in other areas of social and human studies. The task of legal science is to create an appropriate legal mechanism that can effectively regulate innovative relations, allowing them to be differentiated from other objectively changing social conditions. Such a mechanism can only be built on a scientifically based system of legal concepts that have a sign of innovation, which is currently absent in Russian legislation. This paper proposes a conceptual system based on the concept of innovation. There are numerous features of innovation that can be used by the legislator for various purposes of legal regulation (regulation of innovation relations, protection of innovation, support and promotion of innovation, and others), and in various fields of public life (economy, public services, social relations, culture, education). The basic idea of innovation should be considered along with its subordinate basic concepts (innovative product, innovative activity, innovative system, innovative infrastructure, innovative policy) including the description of their content and the possibility of further development of conceptual series that have the characteristic of innovation. The role of the legal concept series in detecting legal and technical defects in innovative legislation is shown.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals REGULATORY STATE: FINDING A BALANCE BETWEEN REGULATION AND DEREGULATION

2019 ◽  
pp. 54-61
Author(s):  
Anatolii Bereza
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Market Failures ◽  
Negative Consequences ◽  
Regulatory State ◽  
European Continent ◽  
Desirable Outcome ◽  
Social Security Reforms

Improving public administration requires taking into account both the positive and negative consequences of government interference in all spheres of public relations. Systematic, structural, comparative and historical methods were applied to find out the place of the legal regulation of social relations in the formation of a new type of state — the regulatory one. The EU is a prime example of this form of state, which combines neoliberalism, a constant desire for innovation, and a refusal to intervene in the economic sphere, to introduce liberal social security reforms. The main features of the regulatory state are the deregulation of markets and the decentralization of administrative capacity, the emergence of new network capabilities, and multi-level governance. There was also a clear upward trend in integrated regulation and strategic planning policies at all levels: European, national and regional. In a regulatory state, the concept of regulation as authoritarian rule and concerted action requires a clear distinction between «hard» and «soft» regulation. «Hard» regulation requires legislative action and coercive mechanisms to enforce and impose sanctions in case of non-compliance. On the other hand, the use of «soft’ regulation is sometimes seen as regulation through conviction and deliberation aimed at reaching agreement as the most desirable outcome. So modern regulatory state must combine «hard» and «soft» regulation to guarantee economic development and protect society from external risks (globalization, climate change, etc. ). The evolution of a regulatory state on the European continent demonstrates the need to combine deregulation and re-regulation at different levels of public administration and spheres of public activity to maximize the effective use of the power of concentration by public authorities and special knowledge and long-term prospects for the development of semi-governmental organizations. Deregulation enables the state to respond adequately to changes in public relations under the influence of external factors, primarily globalization, and regulation to minimize the negative effects of market failures and protect the humanitarian, social and environmental spheres.

scholarly journals REGULATORY STATE: FINDING A BALANCE BETWEEN REGULATION AND DEREGULATION

2019 ◽  
pp. 54-61
Author(s):  
Anatolii Bereza
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Market Failures ◽  
Negative Consequences ◽  
Regulatory State ◽  
European Continent ◽  
Desirable Outcome ◽  
Social Security Reforms

Improving public administration requires taking into account both the positive and negative consequences of government interference in all spheres of public relations. Systematic, structural, comparative and historical methods were applied to find out the place of the legal regulation of social relations in the formation of a new type of state — the regulatory one. The EU is a prime example of this form of state, which combines neoliberalism, a constant desire for innovation, and a refusal to intervene in the economic sphere, to introduce liberal social security reforms. The main features of the regulatory state are the deregulation of markets and the decentralization of administrative capacity, the emergence of new network capabilities, and multi-level governance. There was also a clear upward trend in integrated regulation and strategic planning policies at all levels: European, national and regional. In a regulatory state, the concept of regulation as authoritarian rule and concerted action requires a clear distinction between «hard» and «soft» regulation. «Hard» regulation requires legislative action and coercive mechanisms to enforce and impose sanctions in case of non-compliance. On the other hand, the use of «soft’ regulation is sometimes seen as regulation through conviction and deliberation aimed at reaching agreement as the most desirable outcome. So modern regulatory state must combine «hard» and «soft» regulation to guarantee economic development and protect society from external risks (globalization, climate change, etc. ). The evolution of a regulatory state on the European continent demonstrates the need to combine deregulation and re-regulation at different levels of public administration and spheres of public activity to maximize the effective use of the power of concentration by public authorities and special knowledge and long-term prospects for the development of semi-governmental organizations. Deregulation enables the state to respond adequately to changes in public relations under the influence of external factors, primarily globalization, and regulation to minimize the negative effects of market failures and protect the humanitarian, social and environmental spheres.

scholarly journals New technologies and law: a modern legal approach to the distributed registry technology

2019 ◽  
pp. 62-69
Author(s):  
L. V. Sannikova ◽  
Yu. S. Kharitonova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Status ◽  
New Technologies ◽  
Economic Value ◽  
Legal Regulation ◽  
Scientific Concept ◽  
Legislative Regulation ◽  
Legal Frameworks

Currently we witness an active debate on whether legal mechanisms should be established to mediate the use of new technologies. The authors believe that digitalization of social relations has a global character, changes the foundations of the society and requires the development of adequate legislation based on the in-depth study of the processes. It is proved that, first, it is necessary to develop a scientific concept of the mechanism of legal regulation of relations using the technology of distributed registers (the TDR) in economic activity, in the spheres of public administration and implementation of public functions. The article, based on the problems of law enforcement practice, formulates the main characteristics of the study that could, in the authors’ opinion, give a really necessary legal solution to the state and society. Such research will allow us to formulate scientifically grounded proposals concerning legislative regulation of public relations with the use of the TDR that will include the development of legal frameworks of objects of relations arising as the result of the use of the TDR and being of economic value (digital assets, in particular tokens, cryptocurrencies, digital rights); in determining the legal status of entities using the TDR; in the formation of a system of indicators for assessing the use of the TDR in various spheres of public relations; in giving legal qualification of transactions in distributed registers and the legal consequences of their commission; in the creation of an integral legal mechanism for protection of participants in legal relations using the technologies of the distributed register. The main result of the study under consideration will be the developed scientific concept of the mechanism of the legal regulation of relations with the use of the TDR in economy, in the spheres of public administration and the implementation of public functions. Otherwise, this area will suffer from incomplete legislative regulation with the need for constant «patching of holes» associated with the hasty and ill-considered law.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals Financial and legal basis of the activities of the united territorial communities

2021 ◽  
pp. 54-58
Author(s):  
Ye. Ananieva
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Regional Governance ◽  
Budget Process ◽  
Scientific Publications ◽  
Scientific Discussion ◽  
Modern Economy ◽  
European Standards ◽  
Constituent Elements

Problems of legal regulation of local finances are considered in the works of lawyers, economists, sociologists, public administration specialists, from different positions of their formation, distribution and use in public relations, but in modern conditions of budgetary relations, namely – formation of budgets of united territorial communities, introduction of decentralization in regional governance, administrative reform, orientation of Ukraine to European standards and values of life, the concept of legal regulation of local finances, in particular, budget relations needs to be updated. Scientific publications investigate the problems of defining local finances as a basic basis for local government, which ensures the reproduction of the budget process and the development of regions, their constituent elements and purpose. However, at present the scientific discussion on the legal significance of local finances, their constituent elements, sources of formation and use continues, because in the modern economy a significant part of financial resources is formed and redistributed through budgets, which include budgets of united territorial communities. which, finally, as a legal institution is not defined. The development of local self-government from the standpoint of the government’s proposed decentralization of power provides for the purpose of creating high-quality living conditions for citizens, providing them with the necessary public services, development of material and social base of the region. These tasks are implemented in the presence of appropriate economic development of the territory, its financial support, which depends on the sources of budget and extrabudgetary funds and areas of their use.

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