scholarly journals Digital profile: the concept, regulatory mechanisms and enforcement problems

2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev
Keyword(s):  
System Analysis ◽  
Comparative Method ◽  
State Level ◽  
Legal Regulation ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Nature ◽  
Other Information ◽  
State And Local ◽  
Legal Entities

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

scholarly journals Content Of The Concept Of Enforcement

2019 ◽  
pp. 145-158
Author(s):  
N.V. Kokhan
Keyword(s):  
Local Level ◽  
State Level ◽  
Legal Regulation ◽  
Social Functions ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Rules ◽  
Application Of Law ◽  
Individual Decisions ◽  
Regulatory Functions

That is, we can say that the implementation of legal norms is the embodiment of legal norms in the actual activity of enterprises, institutions, organizations, public authorities, officials and citizens. Classifying the concept of «implementation of the rules of law» by the method of implementation of legal orders, distinguish such forms of their implementation as the use, implementation, observance of direct (ordinary, ordinary) forms of law, ie, those that, first, pass any the process of implementation of the rules of law, and, secondly, that do not require outside intervention, is carried out solely through the own behavior of persons to whom the relevant legal prescriptions are addressed. The application of law has social and legal functions. Social, economic, political, socio-cultural, cultural and educational functions should be attributed to social functions. Legal and regulatory functions should be attributed to legal. Yes, the legal functions of the application of law take a specific form and are law securing or perform the function of individual legal regulation because they stem from the very nature of the application of law. Enforcement as a special form of management consists of a set of legal requirements, permits, enforcement acts that are aimed at exercising management through individual decisions, registration of decisions and the organization of implementation of relevant decisions. Thus, the regularization of legal relations is achieved not only through the automatic effect of legal rules, but also through the adoption of acts of enforcement. Summarizing all of the above, it should be noted that enforcement activities can take place both at the public-governmental level and at the private-legal level. That is, the subjects of the state-level government are: competent state bodies, their officials, as well as authorized by law local self-government bodies, public associations and their officials. The activities of such entities are aimed at establishing mechanisms, rights of guarantees and obligations by which citizens can exercise their rights provided by the Constitution of Ukraine. In terms of the private-law level of enforcement, it is derived from the previous one. The subject of this level is the employer or its authorized body or person empowered to issue ordinance, local level and employee.

scholarly journals Interpretative Norms: The Concept and Legal Nature

Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Methodological Framework ◽  
Legal Norms ◽  
Legal Science ◽  
Legal Nature ◽  
The Common ◽  
Russian Law ◽  
System Today

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.

scholarly journals Normative acts in the system of national tax security provision

2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Direct Action ◽  
Federal Law ◽  
Economic Management ◽  
Russian Government ◽  
Public Authorities ◽  
Legal Norms ◽  
Russian Constitution ◽  
The Russian Federation

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals Legal Regulation of the Preservation of the Culture of Ukrainian Peasantry: Current Situation and Prospects for Improvement

2020 ◽  
pp. 253-259
Author(s):  
Tetiana Kovalenko ◽  
Elina Pozniak
Keyword(s):  
National Culture ◽  
Environmental Law ◽  
Leisure Activities ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Social ◽  
State And Local ◽  
The Village

This article investigates the current state of legal regulation of preserving the culture of Ukrainian peasantry as a carrier of Ukrainian identity, culture and spirituality of the nation. The necessity to revive and preserve the peasant as a landlord, bearer of morality and national culture is reflected in the scientific approaches of legal scholars in the field of agrarian, land and environmental law of Ukraine. In the process of analysis of a number of sources of agrarian, land, environmental law, normative legal acts of a programmatic nature, the existence of significant legal defects in the specified field was revealed (declarative nature of legal provisions, legal gaps, lack of complexity of legal regulation, inefficiency of legal norms). As a result, degradation of the spiritual, environmental, legal culture of the peasants occurs. The authors found that the effectiveness of a number of legal acts, aimed at the legal regulation of the culture of Ukrainian peasantry, the social development of the village and the revival of social cultural and material infrastructure, is low. The measures identified in them to overcome the crisis in the social sphere of the village have practically no proper mechanisms of implementation. In view of this, the authors substantiate ways to improve the legal regulation for the preservation of the culture of Ukrainian peasantry. The key to preserving the peasantry as a carrier of the national culture of Ukrainian people, according to the authors, is a integrated solution to the peasant's social problems. This direction of state policy should be implemented through organizational, legal and socio-economic measures aimed at ensuring employment and reducing unemployment, expanding the network of cultural institutions in the countryside, improving the level of education of rural youth, the development of environmental awareness, education, legal and advisory activities. Increasing the standard of living and life of Ukrainian peasantry, the authors associate with the need for its financial and economic support with the use of funds from the State and local budgets for the implementation of cultural and educational activities in the countryside, leisure activities with the promotion of agricultural producers. An important guarantee of preserving the culture of Ukrainian peasantry is to increase the legal responsibility of officials of state authorities and local self-government for making decisions that limit or violate peasants' rights.

Using Platforms and Platform Law to Overcome Risks Caused by Digitalization Processes

2020 ◽  
Vol 26 (9) ◽  
pp. 969-974
Author(s):  
A. V. Altoukhov ◽  
S. Yu. Kashkin ◽  
M. V. Kuz’mina
Keyword(s):  
Public Relations ◽  
Information Technologies ◽  
Legal Regulation ◽  
Digital Platforms ◽  
Legal Norms ◽  
Technological Unit ◽  
Legal Risks ◽  
Analytical Work ◽  
Other Information ◽  
Legitimate Interests

Fundamental changes within a country and at the global level can have contradictory consequences for society. The more areas are affected by changes and the deeper these changes are, the more significant the necessary innovations can be. Considering the scale of digitalization and application of artificial intelligence technologies based on it, it can be concluded that we are dealing with an unprecedented phenomenon that needs to be thoroughly assessed by different experts.Aim. The presented study aims to assess risks associated with the implementation of platform solutions without appropriate legislative initiatives, which, in turn, should facilitate the creation of the platform law institution. Today, legal science assesses risks associated with the legislative regulation of processes and creates conditions for safe and productive interaction with new mechanisms.Tasks. The authors examine current legislation to create conditions for protecting the rights and legitimate interests of legal entities in their interaction with cutting-edge digital solutions and for analyzing the possibility of full-scale application of digital platforms on this basis; estimate the legal risks of applying digital innovations under current conditions.Results. Analytical work has shown that platform solutions are a new technological unit that cannot be fully regulated by existing legal norms due to its technological features. The lack of personalized legal regulation of platforms not only infringes the rights of citizens providing various public and other services using digital technologies, but also creates conditions for the aggravation of the crime situation and the development of new types of crime.Conclusions. The main risks of mass digitalization are considered. The technological features of innovations make it necessary to develop a branch of law that would regulate public relations during interaction with platform solutions and other information technologies. The authors propose a new complex mechanism of legal regulation — platform law, which will make using platforms completely safe and efficient in all sectors of society.

Financial and Legal Prospects for the Use of Government Bond Loans in Modern Conditions

2019 ◽  
Vol 10 (3) ◽  
pp. 971
Author(s):  
Irina M. ZHMURKO
Keyword(s):  
Legal Regulation ◽  
Government Bond ◽  
Public Authorities ◽  
Theoretical Concepts ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
General Rules ◽  
Legal Nature ◽  
Form Of Government ◽  
Late Performance

The purpose of the study is to identify positive aspects of expanding the use of government bond loans. The paper also focuses on theoretical concepts of the ratio of taxes and loans, analyzing the advantages and disadvantages of government bond loans to determine their impact on the decisions of the issuer and the investor. Consideration of foreign experience in the use of bond loans allows identifying common features and aspects to improve the legal regulation of this institution in Russia science and practice. The results of the research consist of summarizing the studied material and describing the prospects for the development and use of government loans as a tool of financial and legal policy. The experience of foreign countries proves that it is possible to determine the legal nature of a government bond loan through the prism of regulating a new institution – the issue obligation. Conclusion: it is advisable to adopt a normative legal act that would systematize the form of government debt, contain general rules for the use of certain types of borrowing and mechanisms for servicing and repayment of debt, and provide other guarantees, principles of compensation, ways to restructure debt obligations, as well as a mechanism for interaction of public authorities in this area with clear regulation of the powers of public authorities and sanctions for late performance or non-performance by the issuer of its obligations.  

Legal Regulation of the Non-Entrepreneurial Legal Entities’ Status: Foreign Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1806
Author(s):  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK ◽  
Liliana V. SISHCHUK
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
International Experience ◽  
Practical Significance ◽  
Positive Experience ◽  
University Teachers ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The University ◽  
Legal Entities

The relevance of the study is due to the fact that the implementation of the task of improving private-law regulation of relations with the participation of non-entrepreneurial legal entities is possible only on the basis of the international experience of the operation of the legal institute. In this context, this article aims to analyze the positive experience of regulating non-entrepreneurial legal entities under the legislation of leading foreign countries. Leading approach to the study of this problem is the comparative method that has afforded revealing peculiarities of regulation of legal entities under consideration within Ukraine and foreign countries. In the article the suggestions for improving the legislation of Ukraine are presented on the basis of foreign experience. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

scholarly journals The financing of education in Ukraine

2018 ◽  
pp. 132-139
Author(s):  
Vitalina Malyshko ◽  
Inna Makarchuk ◽  
Yuliya Horodnichenko
Keyword(s):  
Education System ◽  
State Level ◽  
The State ◽  
Education Funding ◽  
Ministry Of Education ◽  
Scientific Publications ◽  
Public Authorities ◽  
Use Of Resources ◽  
Education Financing ◽  
State And Local

The relevance of the research topic. The financing of education in Ukraine has been and remains a topical issue of our time. Now true important issues are reforms in the education system, creating a government environment for a rational use of resources of state and local budgets. Thus the main objective should be to ensure adequate financing of the sector by optimizing budgetary and extrabudgetary sources of its development. Statement of the problem. Education funding is one of the main factors of economic growth and sustainable development of the state, so the study of this topic will always be relevant. Analysis of recent researches and publications. Education funding is devoted to the many scientific publications. The study of this question were engaged in such domestic scientists as: T. Bogolib, A. Boyko, J. Buckovski, Z. Varnaly, A. Velichko, I. Kalenyuk, L. Kozorezenko, V. Malyshko, I. Chugunov, L. Yaremenko and others. Among foreign authors it is necessary to allocate the work. N. Lukashenko, V. Marcinkiewicz, J. Nematov, G. Hoag. Selection of unexplored parts of the general problem. Insufficient funding of the education sector depends on the public authorities. In Ukraine, since the beginning of the 2018/2019 academic years held an educational reform, which requires further research and improvement. Setting the task, the purpose of the study. The aim is to study theoretical and practical aspects of education financing in Ukraine. Method or methodology for conducting research. The authors apply a set of methods of scientific research: generalization, comparative analysis, statistical and other research methods. Presentation of the main material (results of work). It analyses the state of education financing in Ukraine in 2005-2017 years. The field of application of results: Ministry of education and science of Ukraine, Ministry of Finance of Ukraine, the Verkhovna Rada of Ukraine. Conclusions. In Ukraine financing of the education system is characterized by imperfection of normative-legal support and insufficient financial resources. The problem of our country lies in the fact that at the state level lack of understanding of the vital necessity in a competitive education system.

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