scholarly journals CLASSIFICATION OF CRIME OBJECTS IN THE CONCEPTUAL POSITIONS OF THE THEORY OF STATE AND LAW

2019 ◽  
pp. 22-25
Author(s):  
O. H. Panchenko
Keyword(s):  
Social Relations ◽  
Direct Object ◽  
Legal Norm ◽  
Legal Norms ◽  
The Social ◽  
Specific Object ◽  
Categorical Classification ◽  
General Object ◽  
Single Set

The article examines the specifics of the philosophical and legal classification of crime in the conceptual positions of the theory of state and law. The categorical classification of the objects of the crime system as structured vertically and structured horizontally, which allowed distribution of crimes directly, kind, generic, general, was analyzed. It is shown that the general object of the crime is traditionally in the conceptual positions of the theory of state and law called the whole set of social relations, which are protected by criminal law. The generic object of the crime is a certain circle of homogeneous economic, social, political content of social relations, which, for some reason, should be protected by a single set of legal norms. It is made general that the specific object of a crime is a set of social relations within the generic object, which reflect the same interest of the participants in such relations or express though the nonidentical, but closely interrelated interests. The direct object of the crime is those specifically social relations, set by the legislator under the protection of a certain legal norm. It is shown that structured horizontal objects of crime are distributed directly to the main and directly additional. It is traced that under the direct object of the crime is understood those social relations, the violation of which is the social content of the crime and for the protection of which there is a legal norm, which implies responsibility for the commission of the crime. Under the direct additional object of the crime are those social relations, the encroachment on which does not constitute the content of the crime, but the commission of such a crime is always caused damage. It is concluded that the study of the concept of crime within the conceptual concepts of the theory of state and law is justified by the subject of its study. The fundamental questions in this context arose the problem of what exactly is the legal facts, which, depending on the result, can be classified categorically into legal, lawful, and law-stopping. It is proved that the most important is the distribution of legal facts by their individual connection with the participants in the legal relationship. Thus, according to the categorical regularity of concepts of the theory of state and law, wrongful actions are divided, first, into offenses, that is, crimes and misdemeanors; and secondly, on objectively unlawful acts.

scholarly journals Ensuring Human Rights in Ukraine: Problematic Issues and Ways of their Solution in the Social and Legal Sphere

2020 ◽  
Vol 37 (64) ◽  
pp. 124-136
Author(s):  
Yevhen Leheza ◽  
Tatiana Filipenko ◽  
Olha Sokolenko ◽  
Valerii Darahan ◽  
Oleksii Kucherenko
Keyword(s):  
Human Rights ◽  
Integrated Approach ◽  
Unified Approach ◽  
Legal Norms ◽  
The Social ◽  
Political Forces ◽  
Protection Of Human Rights ◽  
The Stability ◽  
Development Prospects

The article discusses some complex factors influencing the process of realization of human rights in Ukraine, highlights the unified approach to the classification of legal norms that exercise human rights and freedoms, as well as problems and development prospects. Now the real protection of human rights is one of the most acute problems of the Ukrainian reality. It serves as one of the most important tasks, not only for the functioning but also for the existence of the Ukrainian state. Therefore, it should be borne in mind that guaranteeing respect for human rights in Ukraine is only possible through effective reform of the power system and compliance with an integrated approach to guarantee human rights, both by the State and by society. civil. It is concluded that guaranteeing the general enjoyment and enjoyment of human rights is a matter of co-responsibilities, which is why it is also negatively affected by the rigid opposition of the political forces, which undermines the stability of society, the stability of the constitutional order. While increasing the low level of legal culture of officials and citizens.

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk
Keyword(s):  
Law Enforcement ◽  
European Community ◽  
Social Relations ◽  
Effective Interaction ◽  
Important Criterion ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Social ◽  
National Police

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

scholarly journals Biopolitical turn in the Law: from the legal and institutional model to the biolaw

2021 ◽  
Vol 1 (2) ◽  
pp. 203-214
Author(s):  
Dmitriy Popov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Human Life ◽  
Management Model ◽  
Natural Order ◽  
Sovereign Power ◽  
Legal Norms ◽  
The Social ◽  
Political Management ◽  
Institutional Model

Relevance. Since the XVIII century, there has been a gradual qualitative transformation of sovereign power in the course of the formation of a biopower based on the regulation of natural processes inherent in the population. At the turn of the XX–XXI centuries, biopolitics as an authoritative organization of the life of the population became the dominant management model. At present, numerous biopolitical tools carry out the construction of the social. Objectives. The purpose of the article is to explicate the process of transformation of the legal and institutional model of regulation of public relations inherent in sovereign power into biolaw as a tool for regulating public relations carried out by biopower. Results. In the course of the study, the process of the formation of biolaw, which arises on the basis of the already established system of legal and political regulation due to its modification by biopolitical means of medicalization, normalization, identification, criminal biopolitics, is considered. As a result of the steady biopolitical intervention in the regulation of the life of the population, the lex-law as a system of legal norms expands to nomos-law focused on a sample of the natural order, correlative to the constructed norms of human life as a biosocial being. Conclusions. Biopolitics in the process of formation radically transforms the social, including legal relations. Biolaw is a system of flexible tools for regulating social relations, tending to the model of the natural order. Biopolitical regulation is steadily replacing the traditional legal and political management model.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

scholarly journals PRACTICAL ASPECTS OF THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES

2021 ◽  
pp. 129-134
Author(s):  
Алена Александровна Сладкова
Keyword(s):  
Research Methods ◽  
Social Relations ◽  
Scientific Work ◽  
General Purpose ◽  
Classification Code ◽  
The Social ◽  
Logical Research

Объектом исследования выступают общественные отношения, складывающиеся в процессе классификации товаров в таможенных целях. Целью научной работы является рассмотрение некоторых практических аспектов выбора классификационного кода для различных категорий товаров. На основе общелогических методов исследования были выявлены особенности классификации наборов и комплектов, частей общего назначения и компонентов, используемых исключительно как составляющие определенного оборудования или механизма. The object of the study is the social relations that develop in the process of classification of goods for customs purposes. The purpose of the scientific work is to consider some practical aspects of the choice of the classification code for various categories of goods. On the basis of general logical research methods, the features of classification of sets, general-purpose parts and components used exclusively as components of a certain equipment or mechanism were identified.

scholarly journals LEGAL INFLUENCE IN THE SYSTEM OF SOCIAL INFLUENCE

2021 ◽  
Vol 12 (2) ◽  
pp. 12-18
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova ◽  
Keyword(s):  
Social Norms ◽  
Social Influence ◽  
Social Relations ◽  
Social Life ◽  
Human Life ◽  
Modern Theory ◽  
Legal Norms ◽  
Cultural Life ◽  
The Social ◽  
Theory Of Law

The article deals with the views of scholars on legal influence in the system of social influence. Using a systematic methodology for the study of legal phenomena, the social system is revealed in its relationship with law and legal influence from the standpoint of modern theory of law. Social norms in the system of social influence are characterized. It is noted that the main purpose of social norms is to ensure the system nature of social relations, orderliness, organization, and focus on socially useful results. In the context of the modern understanding of these legal institutions, such types of regulators of social relations as custom, tradition, moral, religious, political, corporate and legal norms are distinguished. A feature of legal influence is a specific toolkit, which consists in a unique set of legal means, methods and techniques of influence, through which law affects people and society. Psychological, economic, organizational and managerial, political, cultural and religious direction of influence cannot be effective without the influence of the legal, because law regulates in detail the important aspects of public life and consolidates the interests of society. Issues of economic organization, the functioning of the political system, and some issues of organization of cultural life of society are reflected in law. Other areas affect certain aspects of human life. These areas actively interact, having a comprehensive impact on society. Each type of social norms has shortcomings, but, acting in the system, they affect various aspects of the human psyche, ensuring the fullness of social influence, contributing to the common goal – the desired state of social life. Legal influence has a special place in the system of social influence.

scholarly journals PROTECTION OF VULNERABLE POPULATIONS IN BULGARIA

2019 ◽  
Vol 32 (1) ◽  
pp. 55-59
Author(s):  
Venelin Terziev ◽  
Simeon Simeonov
Keyword(s):  
Social Policy ◽  
Social Security ◽  
Social Relations ◽  
Low Income ◽  
Social Protection ◽  
Social Assistance ◽  
Decentralized System ◽  
Legal Norms ◽  
Organization And Management ◽  
The Social

Social policy as a set of principles, legal norms, activities and institutions, aimed at creating conditions that ensure the quality of life of the citizens of a country, is an expression of the social relations between the state and its citizens. Social policy determines safety (social, health, economic) and security of the individuals in society.Social policy should be seen as an activity that guarantees the security of those affected by the risks of labour, family and life. In a broader sense, social policy regulates a very broad range of social relationships that relate to employment, income, education, and others. Social security can therefore be seen as the main objective of social policy. In modern concepts, social security is perceived as a system of public rules, institutions and social payments that enable the dignified exitense of every person, who in an unusual state of vitality. Social security can therefore be seen as a set of measures to protect people in an unusual situation. Forms of social security: social security coverage; social assistance; social provision.Apart from thier nature, purpose and funding, social security and social assistance differ according to the principles of organization and management. Social assistance is a decentralized system, and social security can be centralized or decentralized depending on the principles adopted. Through these forms of social security, people receive material security for their existence on the basis of common and unified rules. In any case, however, not always will the indigent be covered by these forms of social security, regardless of their social protection needs. It is possible that even socially protected persons may be in need because of the low income recevied by this system. In such cases the intervention of social assistance is needed as a means of “plugging the holes”. For the sake of clarity, social security can be defined as the first defense net, and social assistance as the second defense net, i.e. social assistance must take on the part of the population which, for one or other reason, does not fall from or land either from the upper levels of the social protection system or when the level of this protection has been insufficient or it provides social protection from the last instance.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

CRIMINOLOGICAL PERSONAL TRAITS OF AN OFFENDER

2018 ◽  
Author(s):  
Bohdan Holovkin ◽  
◽  
Maryna Kakhnova ◽  
Keyword(s):  
Domestic Violence ◽  
Social Role ◽  
Psychological Traits ◽  
Personal Traits ◽  
Legal Norms ◽  
The People ◽  
The Social ◽  
Illegal Acts

This article considers particular aspects of criminological personal traits of an offender. The author draws attention to the fact that in most countries of the world, including Ukraine, there is an exacerbation of the problem of domestic violence due to the COVID-19 pandemic, quarantine and isolation. Therefore, analysis of some particular aspects of the criminological personality traits of an offender is an urgent issue. In this article, the typical personal features of offenders were identified. The author classified people committing domestic violence by gender, age and educational level. The study identified negative traits of character that are common to the individuals committing domestic violence. The research of criminal law features that characterize the personality of an offender showed that the offender commits most of all illegal acts from this category individually. At the same time, most of the people who commit domestic violence have previous criminal experience and a criminal record. The analysis of socio-psychological characteristics of offenders revealed that latter tend to act in a socially dangerous way. It should be noted, that unfriendly relations become the most frequent motives for domestic violence. The analysis of the social role of people committing domestic violence allowed concluding that the latter tend to separate themselves from positively oriented social groups. They tend to perform negative social roles and functions, causing violations or deliberate disregard for legal norms, labour, family and other responsibilities. In the article, there is a classification of the different types of the offender’s personality by moral and psychological traits of the person. The findings of the research provide a typical criminological portrait of a person who commits domestic violence and outline the prospects for further research of this issue.

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