Problematic issues of prevention and counteraction to domestic violence by the prosecutor's office

In today's reality, the issue of combating and preventing domestic violence is extremely important, as a large number of women and children are victims of such violence, although there are cases of domestic violence against men as well. In this paper, the issue of the role of the prosecutor's office in preventing and combating domestic violence was considered. The problems of legislative regulation of prosecutorial activity in the system of prevention and counteraction to domestic violence are also studied. In the process of writing the paper, the method of analysis and synthesis, empirical method and method of comparison were used. And, indeed, it is rightly noted in the topic of this article that this is still a problem. First of all, due to the fact that the current legislation does not clearly regulate what actions prosecutors can prevent or counteract domestic violence, as their powers include direct procedural support of such criminal cases, ie after such violence has already occurred. In our opinion, in order for the prosecutor's office to be able to effectively prevent and combat domestic violence, we propose to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor's office in general and the prosecutor in particular. It is appropriate to supplement this article with a part that would give the prosecutor's office the right to take preventive measures to prevent and combat domestic violence. The research conducted in this paper can form the basis of legislative activity in the adoption of amendments to legislation governing the legal relationship in the field of preventing and combating domestic violence. Keywords: prosecutor's office, prosecutor, prosecutor's office, domestic violence, violence against women, violence against children, prevention of violence, counteraction to violence

Criminalization of drunk driving: problems of legislative practice

The article highlights the Ukrainian experience of criminalization of drunk driving as a result of amendments to criminal and administrative legislation in 2018–2021. The importance of systematization and validity in making changes to administrative and criminal law is noted. Attention is drawn to the need for careful observance of the rules of legal technique in legislative activity, given that the use of administrative and criminal law is associated with the most significant restrictions on human rights and freedoms. It is noted that there are violations of the rules of legal technique, allowed in the relevant laws in terms of the provisions on criminalization and decriminalization of drunk driving: violations of the homogeneity of legal regulation (Law № 720-IX regulated an issue that was not the subject of its regulation); internal consistency (Law № 720-IX on amendments “in connection with the adoption of Law № 2617-VIII” amended the Law itself № 2617-VIII); external consistency (provisions of Law № 720-IX contradict the provisions of Article 2 of the Code of Administrative Offenses and Article 3 of the Criminal Code of Ukraine); linguistic (in paragraph 117 of the Law № 720-IX there is a morphological error); procedural (violated the requirements of Articles 90, 92 of the Regulations). Attention is drawn to the content of the conclusions and the legal significance of the explanations of the Parliamentary Committee on Law Enforcement, adopted on the criminalization of drunk driving. It is noted that the relevant committee violated the regulatory procedures and provisions of the legislation on parliamentary committees. The consequences of the relevant technical and legal violations (legislative uncertainty) are highlighted and ways to eliminate these problems are suggested.

Legislative power as a legitimate basis for legislative activity

The article is devoted to the study of the nature of the legislative pover and the disclosure of its role to serve as a legitimate basis for legislative activity. The provision is substantiated that the parliament, as a representative body of the whole people, has the highest level of legitimacy and on this basis exercises the right to legislate public relations according to the principle of separation of powers, including the exclusive right to regulate the most important issues of organization and exercise of power (article 92 of the Constitution of Ukraine). The relationship between the concepts of legislative power and legislative activity of the parliament is revealed and the recognition of the legislative activity of the parliament as the main, key function of the parliament and the organizational way of implementing the legislative power of the state is substantiated. The conditions, scope, limits, advantages and disadvantages of the practice of delegated legislation, which is widespread in democratic countries, as well as the legally sanctioned government rule-making on the basis of the instructions of the government provided by separate laws are investigated. The powers of the parliament in the field of law-making activity are analyzed, the source of which is the legislative power delegated by the people to the Verkhovna Rada of Ukraine, due to which the parliament receives from the people the primary right to carry out its law-making activity. The essence of legislative activity carried out within the legislative process is revealed, as activity on revealing of need for legal regulation of public relations, estimation of draft laws, their completion, carrying out professional examination, discussion and completion in committees, i.e. all actions directed on proper elaboration of laws’ projects. It is noted that the legislative process is not only and not so much limited by parliament, but also includes pre-parliamentary stages of work on the draft law (initiation, drafting, public discussion, examination, coordination with interested bodies and organizations). The general characteristic of subjects of law-making activity is given, the nature of powers of parliament on the organization and implementation of control over law-making activity is analyzed.

ECONOMIC APPROACH TO LAW

Recent legal and economic research has shown that the legal system, its doctrines, procedures and institutions, are influenced by concerns about economic efficiency. From the point of view of foreign researchers, the rules of property rights assumption and the determination of liability, the procedure for the settlement of legal disputes, limitations, methods of calculating damages and the definition of interim measures, as well as other important elements of the legal system are best understood as attempts to promote the effective allocation of resources. Contrary to the idea of normative self-sufficiency, it can be observed that if the legal system were systematically and effectively developed to maximize economic efficiency, the level of strategic planning of legislative activity was much higher.

Ireland

The Irish parliament is considered one of the weaker international chambers. The government dominates the legislative process, and parliament is little more than an arena for its members to air constituency grievances. That this happens with the operation of the single transferable vote electoral system, which incentivizes personal behavior by deputies, is a conundrum. We seek to explain legislative activity in the Dáil by focusing on the background of its members from 1989 to 2011. We find that gender and seniority have little effect, and that party hierarchy is important. Generally speaking, those higher up in a party are more active in parliament.

Russian empire’s civil law codification in the second half XIX – the beginning of xx century

The article describes the history of the Civil code project of the Russian Empire. It also describes the progress of the Drafting Commission, its composition, objectives of activities and sources that formed the basis of the project. The Civil code project is an excellent example of the legal culture of Russia the thrifty and attentive attitude of its developers to the social and spiritual values of the people. The Civil code project as well as the history of its drafting can be used and should be taken into account today during the conduct of legislative activity the creation of legal structures of civil law. The Civil code became an important source of civil relationship in the Russian Empire.

LEGISLATIVE ACTIVITY OF THE STATE AS A SYSTEM

Цель: характеристика системы правообразующей деятельности государства, определение элементного состава правообразующей деятельности государства. Методы: деятельностный и системный подходы в целях проведения функциональной характеристики правообразующей деятельности государства и выделения ее системы. Результаты: определена система правообразующей деятельности государства, выявлены основные тенденции современного правообразующего процесса, показана необходимость изменения инструментария правообразующего процесса. Выводы: интенсификация развития общественных отношений обусловливает появление новых юридических инструментов, в качестве которых следует рассматривать правовой прецедент и юридическую доктрину; сложилась потребность в изменении системы источников российского права, а также качественное и количественное расширение системы права. Purpose: characterization of the system of the legal-forming activity of the state, determination of the elemental composition of the legal-forming activity of the state. Methods: activity-based and systematic approaches in order to carry out the functional characteristics of the law-forming activity of the state and highlight its system. Results: the system of the law-forming activity of the state was determined, the main tendencies of the modern law-forming process were revealed, the need to change the tools of the law-forming process was shown. Conclusions: the intensification of the development of social relations leads to the emergence of new legal instruments, which should be considered a legal precedent and legal doctrine; there was a need to change the system of sources of Russian law, as well as a qualitative and quantitative expansion of the system of law.

Putting Policy First

The vast potential of Twitter means that it can be used as a tool for policy information. This chapters shows that a majority of senators adopt a policy-wonk style for their rhetorical agenda. While institutions and constituent expectations constrain the issues senators may act on, what they communicate in their rhetorical agenda is an opportunity to gain agency over their policy messaging. Senators with policy-focused constituencies, particularly committee leaders and Democrats with policy coalitions, act as legislative entrepreneurs by taking advantage of Twitter’s expansive network to link their legislative activity and policy-focused rhetorical agenda with a diverse constituency of followers networked by shared attention to issue priorities. Additionally, this chapter introduces the concept of a dual process of policy prioritization where lawmakers not only have to decide to become a policy wonk but also make a second decision about which policies define their time in office.

The Language of Immigration Coverage: The Arizona Republic and Media’s Role in the Production of Social Illegality

Recently, several mainstream media organizations have moved away from using “illegal immigrant” in their immigration coverage. While this shift in immigration coverage is positive, seemingly positive language may still be exclusionary, particularly if the content of stories remains the same. We investigate whether newspaper articles that describe immigrants as “illegal” are more negative in content than articles that present immigrants as “undocumented” by analyzing 1,616 newspaper articles and letters to the editor in The Arizona Republic between 2000 and 2016, a critical period of immigration legislative activity in Arizona. We find that The Arizona Republic inundated readers with negative news coverage and that this coverage is baked into the content of stories and transcends the use of either term, “illegal” or “undocumented.” We then draw on letters to the editor and original interview data to consider how social forces outside of the media may influence coverage.

The fraction of a political party is an important subject of the legislative process

The article examines the legal mechanisms associated with the participation of fractions of political parties in the legislative process. The legislative activity of fractions of political parties in the Legislative Chamber of the Oliy Majlis has been analyzed with the help of reliable statistics. The legislative activity of the fractions of political parties in the Legislative Chamber of the Oliy Majlis is analyzed by accurate statistics. The article provides suggestions for improving the participation of fractions of political parties in the legislative process.