scholarly journals The sphere of procurement for state and municipal needs as an object of criminal law protection

2021 ◽  
Vol 1 (11) ◽  
pp. 41-46
Author(s):  
A.V. MOROZOV ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Scientific Literature ◽  
Economic Relations ◽  
Material Values

The presented research is aimed at clarifying specific features in the development of relatively new social relations that arise when placing orders and choosing counterparties who have confirmed their readiness to provide state or municipal authorities with the necessary material values, perform work or provide services on a reimbursable basis. This area has now gone beyond the plane of purely economic relations, and, for a reason, has increasingly begun to be considered as an object of corruption encroachments. In the course of the research, the analysis of opinions expressed in the scientific literature on the essence of the sphere of procurement for state and municipal needs as one of the components of the object of criminal law protection was carried out. Regulations governing the procedure for the implementation of these activities were studied, as well. Based on the results of the work, conclusions were formulated regarding the essence of procurement for state and municipal needs, and a substantiation of the features of ensuring the protection of these public relations by means of criminal law was proposed.

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 PROCLAMATIONS AS A SOURCE OF HETMANATE’S CITY LAW OF THE SECOND HALF OF XVII – XVIII CENTURIES

2019 ◽  
pp. 7-13
Author(s):  
O. Y. Vovk
Keyword(s):  
Public Relations ◽  
Urban Communities ◽  
Social Relations ◽  
Municipal Government ◽  
City Government ◽  
Left Bank ◽  
Legal Analysis ◽  
Economic Relations ◽  
The Social ◽  
The Right

The article contains a historical and legal analysis of proclamations as a cumulative source of Hetmanate’s city law of the second half of 17th – 18th centuries, and their characteristic by origin and purpose. It was established that Hetmanate (a state official name was – Zaporizhian Host) was under the rule of Polish-Lithuanian Commonwealth during this period with all the lands and cities, and then as a part of the Russian monarchy. It is studied that in the field of municipal government, public relations in Ukrainian cities were governed by the norms of urban law, including the provisions of local proclamations (locations) of the autonomous government ofHetmanate, which should be divided into separate specific groups. The most significant of them were those that confirmed the granting of the right to self-government of the Magdeburg sample to Ukrainian cities. The proclamations of Ukrainian hetmans of a defensive, prohibited or protective nature, which were granted to the cities of Hetmanate since the reign of B. Khmelnytskyi and including K. Rozumovskyi, protected the rights of urban communities from abuse bythe local administration and representatives of other classes. The cities were given the right to leave a significant part of the income to the city government bodies and burghers by Hetman permitting proclamations. The electoral proclamations of hetmans to certain individuals controlled the order of elections in cities and prevented abuse duringtheir conduct. The regulation proclamations, issued to the cities by hetmans and colonels, clarified the social and economic power ofmagistrates or town halls and established the economic relations of the urban inhabitants. A separate group of local proclamations consisted of those relating to the proper economic activity of urban craft workshops anddefended the social rights of burghers-artisans. It is proved that the norms of proclamations of all groups provided legal regulationof social relations in the sphere of municipal government of Left-Bank Ukraine primarily till the first city reform in Ukrainian citiesconducted by Russian Empire and the introduction of the Charter to Cities of 1785.

scholarly journals Codification of Criminal Law in the First Years of the Soviet Rule: From Continuity to Independence

Lex Russica ◽  
2019 ◽  
pp. 154-160
Author(s):  
S. N. Tokareva
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Public Order ◽  
Soviet Rule ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Political Reality ◽  
The Russian Empire

The relevance of the work lies in the study of regulatory legal acts of the Soviet rule, which became the first experience of creating norms of law in the changed socio-political reality, based on new principles, including criminal law.The purpose is to analyze the Guidelines on the criminal law of the RSFSR of December 12, 1919, revealing the features of the content of the document.In the process of research, general scientific methods of the sphere of humanitarian knowledge (e.g. system, structural and functional) were used. Special methods were also applied: technical and legal analysis, specification, interpretation, historical description. Legal experience is analyzed from the standpoint of the relationship of events and phenomena, as well as taking into account their development in a specific historical situation.As early as the end of 1917 the RSFSR People’s Commissariat of Justice headed by the left SR I.Z. Steinberg announced the creation of the Soviet criminal code. The developed document is recognized as an independent normative act, a monument of criminal law, which corresponded to the principle of continuity and was transitional between the legislation of the Russian Empire and the RSFSR.When the leadership of the RSFSR People’s Commissariat of Justice became bolshevik, a working group was created, and as a result, on December 12, 1919, Guidelines on the criminal law of the RSFSR were adopted. The document was the first existing codified act in the field of Soviet criminal law.The guidelines are a small text, the content of which resembles the general part of criminal law. Despite this, it has several fundamental differences from the previous legislation. The main mechanism is repression, and the priority is the interests of workers.The crime is considered as a violation of the order of social relations protected by criminal law. It is defined as an act or omission of an act dangerous for public relations, causing the need for the state authorities to fight against criminals. Despite the fact that the Guidelines identified the stages of the crime, they did not affect the measure of repression, which is determined by the degree of danger of the offender.The task of punishment is to protect public order from the offender and prevention of a crime. Punishments appear in the form of adaptation of the criminal to public order, isolation and, in exceptional cases, physical destruction. However, the punishment should not cause unnecessary and excessivr suffering to the offender. In general, the Guidelines became the basis for the further development of legal doctrine and criminal law, as well as directed the vector of law enforcement activities of new judges.

scholarly journals Modern approach to the history of financial law development in Russia and abroad

2021 ◽  
Vol 16 (4) ◽  
pp. 15-24
Author(s):  
S. G. Eremin
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Modern Approach ◽  
Economic Relations ◽  
Legal Norms ◽  
Logical Method ◽  
Statics And Dynamics ◽  
History Of ◽  
Technical Construction ◽  
Market Relations

Introduction. Based on a modern approach, the article provides an analysis of regulatory legal acts that have influenced the history of financial law development both in Russia and abroad. Financial law in addition is studied as an independent object of scientific interest both in retrospect and in the context of the statics and dynamics of modern scientific knowledge.Materials and methods. The article is based on such techniques as: analysis, synthesis, abstraction, generalization, analogy, and others. The methodological basis of the research includes general scientific and special legal methods: systemstructural, method of dogmatic analysis, method of interpretation of legal norms, method of legal and technical construction, comparative legal, formal legal, logical method, etc.Results. The analysis showed that the formation of financial law, both in Russia and abroad, is related to the emergence of monetary (exchange) operations and the emergence of a state. The sources of financial law that have come down to our days have changed, transformed, and formed new ones. The creation of a new financial system of the state is associated with the implementation of the state’s functions for creating and managing financial resources without delegating the relevant authority to anyone.Discussion and conclusion. The study showed that the formation of financial law as an Autonomous branch of law was predetermined by the emergence and development of such fundamental elements of economic relations as taxes, budget, money, etc. Social relations that were previously regulated by financial law are gaining new features. This is primarily related to the formation of market relations. This fact should be taken into account when developing new rules in future sources of financial law in order to achieve the most effective impact on public relations

scholarly journals The secrecy−transparency dynamic: A sociological reframing of secrecy and transparency for public relations research

2020 ◽  
Vol 9 (3) ◽  
pp. 219-236
Author(s):  
Anne M. Cronin
Keyword(s):  
Public Relations ◽  
Significant Role ◽  
Social Relations ◽  
Empirical Studies ◽  
The Other ◽  
Economic Relations ◽  
Political Discourses ◽  
The One ◽  
The Relationship ◽  
Oriented Research

This article offers a sociological account of how we might analyse the relationship between contemporary practices and discourses of secrecy on the one hand, and those of transparency on the other hand. While secrecy is often framed in popular and political discourses as the antithesis of transparency, in reality, their relationship is more complex and co-constitutive than may initially appear. The article argues that understanding the interface between secrecy and transparency as a socially embedded dynamic can offer public relations scholarship productive avenues for both theoretically oriented research and empirical studies. In its role in the management of the secrecy−transparency dynamic, PR plays a significant role in actively creating social relations. This article aims to provide resources for assessing the strength of this dynamic in acting to structure social, political and economic relations, and offers new perspectives on how techniques employed to manage the secrecy–transparency dynamic – including public relations – are both embedded in such relations and act to shape them.

scholarly journals Communications as Fundamentals of Business Socialization: Theoretical and Conceptual Substantiation

2018 ◽  
pp. 47-58
Author(s):  
Dmytro Oltarzhevskyi
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
General System ◽  
Point Of View ◽  
Reputation Management ◽  
Spiritual Needs ◽  
Corporate Communications ◽  
Communication Tool ◽  
Strategy Of Development ◽  
Material Values

Lately, a special attention has been paid to business socialization development as a very important aspect of the activity. Business activity relates not only to manufacturing material values or commodity exchange, but also to achievement of socially meaningful objectives and spreading universal values. It is through dialogue between the people and business, the company is finding its place in the general system of moral and spiritual values, adapts to the conditions of the social environment and creates favourable relations with it. So far, the processes of socialization of business were considered mainly from the point of view of management. The purpose of this research is to explicate the concept of business socialization in the view of its social and communicative nature. By means of systematization, generalization, structural-functional description and other methods of analysis of theoretical sources, the reflection of the notion of business socialization is considered. The connection with the principles of corporate social responsibility, scientific and practical approaches in the field of corporate communications and public relations is determined. Besides, the role and specificity of communications, features of the use of modern communication channels in the processes of business socialization are determined in the study. It is concluded that the concept of socialization of business should be considered from the standpoint of social communications as a kind of public relations, connected with the formation of public opinion and the harmonization of social relations. Socialization occurs during the interaction of business with a society through the systematic implementation of the principles of CSR in the strategy of development of companies. Communications in this context are seen as a system process, a tool for dialogue with the public environment and as a reputation management. In the future, the vector of socialization should complement and deepen the traditional understanding of PR-activities. As a communication tool and image management, socialization of business must become a leverage, capable of changing the internal motivation of business, influencing its strategy, focusing on the true material and spiritual needs of society.

scholarly journals Limits of Autonomy in Criminal Law

Lex Russica ◽  
2019 ◽  
pp. 117-128
Author(s):  
V. V. Khilyuta
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Social Relations ◽  
Criminal Law ◽  
Regulatory Function ◽  
Judicial Interpretation ◽  
Economic Relations ◽  
The Law ◽  
The Right ◽  
Law Regulation

The article raises a question about the autonomy of criminal law. Various aspects of the doctrinal understanding of the limits of criminal law and its scope in relation to the positive branches of legislation are considered. The author in the context of the existence of the concept of autonomy (independence) of criminal law regulation questions the limits of judicial interpretation. In this context, antagonistic views on the limits of the mechanism of criminal law regulation are considered. Particular attention is given to the fundamental premise that the functional autonomy of criminal law generates not only a protective component, but also a regulatory function, and the law enforcement officer has the right to decide a particular case, based on concepts borrowed from other branches of law, but it can give them a different meaning and significance than the one they are endowed with in these positive (regulating specific social relations) sectors. The author comes to the conclusion that an autonomous interpretation of foreign industry features and concepts of regulatory legislation is scarcely credible. If a criminal law is to protect economic relations arising from the static and dynamic nature of objects of civil rights and their turnover from criminal encroachments, its subordination to the provisions of regulatory legislation is inevitable. The determinism here should be manifested precisely in accordance with the description of the signs of the crime to the provisions of regulatory norms. As a result, the autonomy of criminal law may create uncertainty about the content of the rule of law itself and allow for unlimited discretion in its enforcement. In this formulation of the issue, the autonomy of criminal law regulation is replaced by a very different approach — the autonomy of the judicial interpretation of criminal law. However, in this case there is a substitution of concepts, and the autonomy of criminal law is associated not so much with the regulatory function as with the law enforcement of criminal law.

The contradictions of the legal and religious regulation of public relations

10.12737/2140 ◽  
2013 ◽  
Vol 1 (6) ◽  
pp. 299-309
Author(s):  
Павел Путилкин ◽  
Pavel Putilkin
Keyword(s):  
Public Relations ◽  
New Testament ◽  
Social Relations ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
The Bible

The article explores the contradictions of religious and legal regulation of social relations with the position of Orthodoxy. Revealed contradictions in criminal law, civil law, constitutional informational and other spheres of regulation. The current legislation is mapped with the Bible, New Testament, old Covenant. Special attention is paid to reasons of contradictions between law and religion.

scholarly journals Hypothesis on the Axiological Basis of the Institutionalization of Public Relations

2020 ◽  
Vol 21 (2) ◽  
pp. 253-273
Author(s):  
Andrey Atanov ◽  
Vasilii Rudyakov
Keyword(s):  
Social Capital ◽  
Public Relations ◽  
Institutional Theory ◽  
Social Relations ◽  
Theoretical Models ◽  
Special Role ◽  
Economic Relations ◽  
Institutional Relations ◽  
The Cost ◽  
The Relationship

The problem of building institutional relations is relevant in the most diverse spheres of life. It can be specific interpersonal social relations, and economic relations (production, exchange, distribution, consumption, property), and political, etc. In the institutional theory itself, a special role is given to the system of establishing and maintaining relations. For example, in a variety of theoretical models of social capital, one of its main elements was the links through which access (or the cost of such access) to very limited and valuable resources could be achieved. Such access, as indeed the linkages themselves, is not possible without more or less functional institutions that create stable relationships among the actors. The relationship itself can then be objectified in the form of reputation and/or image through such categories as trust, rules and regulations. If we describe the model to which we refer in this article within the framework of Marxism, we can see here the convergence of the concepts related to the basis and superstructure, with the superstructures taking a higher place in the hierarchy and not subject to the basis.

scholarly journals The environment as an object of criminal law protection: problems of definition and legislative regulation

2021 ◽  
Vol 295 ◽  
pp. 04003
Author(s):  
Olga Yakovleva
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Social Relations ◽  
Criminal Law ◽  
Environmental Safety ◽  
State Ownership ◽  
Legislative Regulation ◽  
The Subject ◽  
Definition Of ◽  
Environmental Crimes

The article is devoted to the study of the problems of definition and legislative regulation of the environment as an object of criminal law protection. The correct legislative regulation and the definition of the object and subject of the crime in the criminal law standard contribute to the correct labeling process. In the legal literature, there is no consensus on the definition of the object of environmental crimes. Some believe that the object of this group of crimes is the order of use of natural resources or social relations related to their economic exploitation; others believe that the relations of state ownership, which are expressed in natural resources; finally, the object of this group of crimes is directly the natural resources themselves or the entire environment. Taking into account the legislative regulation of norms united by generic and species groups and the scientific and theoretical definition of the direct object of the crime, we believe that the object of environmental crimes is public relations for the protection of the environment, the preservation of favorable natural conditions for nature, living beings and ensuring a sufficient level of environmental safety. In this context, a favorable environment should be considered as an environment whose quality ensures the safety of the natural environment functioning and other objects. The subject of crime in the science of criminal law makes it possible to solve many important issues from a practical point of view since it is characterized by relative criminal-legal independence: to distinguish between general and special elements of crimes; the subject of the crime allows you to reveal the nature and extent of the damage that was caused by the crime, as well as to identify the relationship between the criminal act and the consequences that occurred.

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