Legal Understanding Regarding The Hazards of Drugs in The Framework of Community Development

Drug misusse is a danger that is very alarming, because narcotics can damage the individual users, either physically or mentally. Misue and trafficking of narcotics illegally very detrimental to individuals and the wider community, particularly the younger generation, can even pose a greater danger for the life and cultural values of the nation that will ultimately undermine national security. Researchers divide the efforts of drug misuse prevention by the National Narcotics Agency part of the preventive and repressive. Both of these are key functions (operations) in accordance with the duties of the National Narcotics Agency. The misuse of and illicit traffic in narcotic drugs, psychotropic substances and other hazardous materials (drugs) with various implications and the negative impact is a global problem that threatens the life of the community, state and nation. The National Narcotics agency has mengakomidir theory such as that reflected from the division of tasks fields are categorized into the Areas of Prevention and Community Empowerment, Eradication, and Rehabilitation.

Philosophical and legal understanding of the nature of the constitutional human right to health protection

in this article, the author examines the nature of the constitutional human right to health protection through its philosophical and legal interpretation. In this study, the consideration is carried out from the point of view of the concepts of natural law and historical materialism. As a result of the conducted research, the author comes to the conclusion that the human right to health protection has a materialistic nature, arises and exists as a result of the need for the ruling class to regulate public relations related to health protection by expressing its will in the law.

Tax Compliance: Approaches to Understanding

The paper is aimed at researching tax compliance from various theoretical points of view. It was determined that at present tax compliance is considered most often in the context of a narrow and wide interpretation of this term. In the first case, we are talking about tax risk management, and in the second— complying with tax laws. In this regard, we can draw a conclusion about an economic and legal understanding of the institution under consideration. However, it should be borne in mind that tax compliance is aimed at implementing an effective tax policy both at the micro level and at the national level. The study of foreign experience led to the conclusion that in domestic practice of tax relations more attention should be paid to the psychological comfort of taxpayers, which will contribute to their more legitimate behavior, as well as successful interaction with tax authorities.The author summarizes that the importance of tax revenues to the budget of any state determines the development of an effective tax policy of the state in order to comply with tax legislation. Understanding of tax compliance is diverse. It is based on either a broad or narrow interpretation of this term, on the emphasis made on either its legal or economic aspect. It can be interpreted as an internal policy of a taxpayer related to the payment of taxes and fees, as well as an assessment of tax risks or compliance with tax legislation by all participants in the relevant relationship. The effectiveness of tax compliance largely depends upon interaction between taxpayers and tax authorities. Achieving a similar effect is possible by studying and using the experience of other countries that provide tax authorities with more functions to advice taxpayers.

INDIVIDUAL ISSUES OF LEGAL UNDERSTANDING OF FACTORING

The article is devoted to the disclosure of certain issues concerning the understanding of the essence of the category “factoring” as an important component of financial services through the prism of today’s challenges. It is determined that the concept of factoring (financing under the assignment of the right of monetary claim) is not enshrined in civil law. It was stressed that the economic crisis has exacerbated the problem of limiting financial resources and providing quality financial services, which leads to the search and implementation of innovative types of financial services and needs to improve the transmission mechanism of monetary policy, development of credit operations of banks and financial companies standards of the European Union, improving trade conditions in Ukraine. And here, factoring comes in handy, which is an effective tool to accelerate money circulation and increase business efficiency. However, due to the rapid development of factoring in the financial services market – regulations in this area need to be updated and there is a need to introduce new scientific recommendations for its practical application. In the article the essence of factoring is covered in the plane of theory, and also, in the plane of judicial practice. It is noted that among researchers of this issue there is no generalizing concept of this category and understanding the essence of this legal phenomenon through the prism of today’s challenges. Emphasis is placed on the existence of four main concepts of factoring, namely: the assignment of the right of claim; it is a banking operation; this is a type of financial services; this is a separate independent contract type. It is proposed to consider factoring as a complex concept. Particular attention is paid to the indication of the characteristics of financial services, which allows through their prism to highlight factoring transactions.

The Term Concept of Right and Unright in Practical and Theoretical Jurisprudence

The article examines some modern trends in the development of domestic legislation, as well as general theoretical legal thinking. One of them is a noticeable spread in the legislative acts of Ukraine of those terms that have an outlet to the problem of legal understanding, for example, they talk about such words as: «right», «justice», «unjust sentence», «unright agreement», «unright use», «unright actions», «unright gain». Such terminology can be directly used in legal regulatory practice, and taking into account the pluralism of legal thinking, known from ancient times to this day, inevitably there is a need for an official explanation, interpretation of one or another of the given terminological concepts. In all the above cases, the following question will inevitably arise: the terms above are synonyms for the adjectives lawful, illegal, and are similar to them? Or, on the contrary, in the examples given above, they are talking about some other – meaningful and different – from legal / illegal – phenomenon? If we are inclined to the first answer, the question arises: for what purpose different terms were used to name the same phenomenon? If we support the second of the possible answers, then it directly leads to the problem of legal thinking. One of the aspects of the general problem of legal thinking is the substantive allocation of the so-called phenomenon of the antipode of the phenomenon of right, – the phenomenon of unright. The urgency of solving this practically significant task is illustrated, in particular, by the fact that, for example, in the current Criminal Code of Ukraine, adjectives unright gain are used almost sixty times! What complex of problems in legal regulation, this situation generates, can be seen by analyzing, for example, the reaction of the Constitutional Court of Ukraine regarding the inconsistency of the Constitution of Ukraine with the provisions of Art. 375 of the Criminal Code of Ukraine. Arguing this decision, the Constitutional Court of Ukraine referred to the fact that, in particular: a) formulation of this article allows possibility of abuse by the bodies of pre-trial investigation, in connection with legal clarity, unambiguity in content of the norm is lost when they are applied; b) the situation under discussion creates the possibility of an official assessment of the court decision by non-judicial bodies, which contradicts the principle of the distribution of power. It seems remarkable that in response to the aforementioned decision of the Constitutional Court of Ukraine, almost half of those judges who took part in the consideration of this case expressed separate opinions in which they thoroughly criticized the arguments of the Court. Without resorting to a specific analysis of each of these thoughts, we state the pluralistic interpretation of the first part of the complex word «unjust» by different judges of the Constitutional Court of Ukraine. We explain it by the socially-natural heterogeneity, the interpretation of any evaluative legal concepts by various subjects of society in the process of legal regulation.

Modernization Issues of Staffing the Penal Enforcement System in the Context of Formation of an Administrative Constitutionalism Doctrine in Modern Russia

Introduction: today the state policy in the sphere of public service and PES staffing is focused on providing penitentiary institutions with competent and skilled specialists capable of performing state tasks in the field of execution of criminal penalties in difficult conditions. The processes of formation and development of the staffing system, meeting modern needs of the state and society development, are due to a variety of political, social, economic, legal and organizational factors that have both external and internal effects on its functioning. Neutralization of negative factors is possible only by increasing the efficiency of management activities in the PES as a whole and staffing in particular. The purpose of this article is to identify key directions for elaboration of administrative legislation in the field of public service and staffing the penal enforcement system in the framework of a new stage of constitutional transformations in modern Russia. The methodological basis of the work is formed by general scientific and private scientific (logical-legal, comparative-legal, descriptive, content analysis) methods of cognition of legal reality. Conclusions: the proposed directions for the formation of a theoretical doctrine of public service and PES staffing on the basis of integrative legal understanding of processes and phenomena of social development, improvement of administrative legislation on public service in the PES through its further constitutionalization, development of personnel policy through the adoption of the Concept for personnel policy in the penal enforcement system will lead to a systematic change in the mechanism of staffing the penal enforcement system, strengthening its resistance to countering threats of a criminal nature, and enhance performance of penitentiary institutions in general. The scientific and practical significance of the work consists in substantiating practical proposals for improving current administrative legislation in the field of public service and PES activities.

Legal protection of online loan recipients based on financial services authority

This study aims to determine the form of legal protection, dispute resolution, and provide legal understanding. The normative research method using a qualitative approach describes legislation and a case approach, and Law Number 21 of 2011 concerning the Financial Services Authority, Law Number 19 of 2016 ITE, and OJK Number 77/POJK.01/2016 concerning Borrowing Services. . Data collection techniques through (1). Interview, (2). Surveys (3). Documentation study. Conclusion (1). Many customers are victims as users of unlicensed services. (2). Efforts to protect customers against the implementation of OJK services (3). Cooperating with the Indonesian Joint Funding Fintech Association (4). Determination of the upper limit on loan interest and code of conduct for the loan collection process, (5). OJK cooperates with the Ministry of Communication and Information.

Mythologisation of Law by Historical Consciousness

The main objective of this article is to substantiate the fact that historical consciousness as a form of social consciousness is full of the mythologisation of law. The main hypothesis is that only such forms of law as customary law and international law may be considered historical phenomena. Standalone in law, mainly subjective law is not actually a historical phenomenon; therefore, any historical interpretation of it leads to mythologisation. The subject of this study is the mythologisation of law, found in the content of several legal concepts and being present in correlations with basic historical concepts. The complexity of the problem posed is that the very phenomenon of history outside historical consciousness, especially in our time, is constantly subjected to serious mythologisation. The result of the study is the statement that historical legal understanding is not connected with the understanding of the nature of law and does not reveal its essence. The methodological consequence of this for legal theory is the need for concentration on the understanding of the development of law not as a historical, but only as a social process, and for the law itself – as something that exists and makes sense only in the present.