scholarly journals Values in Legal Regulation

2019 ◽  
Vol 6 (2) ◽  
pp. 127-133
Author(s):  
Vladislav Fedorovich Antonov
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Legal Regulation ◽  
Core Values ◽  
Democratic Society ◽  
Specific Situation ◽  
Moral Norms ◽  
Cultural Traditions ◽  
Wide Range ◽  
Statutory Regulation

The article is devoted to the axiological aspects of lawful behavior and issues of legislative consolidation of core values in the corresponding regulatory acts. As it is known in the conditions of democratic society a quite large part of legislative requirements is determined by ethical and moral instructions establishing the legality of various courses of actions in a specific situation. Experience has proven that legally valid behavior is inseparably associated with acquiring of wide range of value paradigms underlying the mechanism of legal regulation. In modern conditions law enforcement practice relies on basic moral principles of the society, providing law enforcement and required level of rule of law.The author shows the meaning of value paradigms in different spheres of statutory regulation. Generally when developing legislative acts not only existing social and economic relations but also moral dimensions of social life are considered. In such cases in the course of normative legal acts interpretation law enforcement authorities cater to the corresponding ethical and moral norms specifying regulatory prescriptions. It is mentioned in the article that social ideals, historical and cultural traditions, dominant within collective consciousness are included in the structure of public morality.Any legal system makes an assumption that there is a system of core values ref lecting peculiarities of national culture and existing system of moral regulations. Upon traditional values the system of moral and ethical judgments defining the corresponding regulatory acts is formed. It is customary to understand by public morality a quite extensive complex of communicative relations forming in view of value paradigms depending on existing historical and cultural traditions of specific society. In the democratic society the justice is fulfilled in the light of declared ideals and values providing settlement to local conf licts in different spheres of statutory regulation.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

scholarly journals Problems of small business in Ukraine and ways for their overcoming

2021 ◽  
Vol 71 (4) ◽  
pp. 69-76
Author(s):  
A. Chushak-Holoborodko ◽  
P. Horyslavets ◽  
O. Poburko ◽  
S. Shramko
Keyword(s):  
Law Enforcement ◽  
Small Business ◽  
Small Businesses ◽  
Bank Lending ◽  
Legal Regulation ◽  
The State ◽  
Normal Operation ◽  
Law Enforcement Agencies ◽  
Wide Range ◽  
Business Entities

The essence of small business and the criteria for enrollment of business entities to small enterprises and micro-enterprises, both according to the approach of domestic legislation and European standards are investigated in this paper The place of small business in the state economy and its role in its development is studied. Factors that shape the environment for small business in Ukraine and hinder its effective functioning are formulated. In particular, the legal capacity of small businesses and the biased attitude of law enforcement agencies towards small businesses permanently put pressure on small businesses and complicate the process of their activities. A wide range of inhibitory factors and factors faced by small business in Ukraine are analyzed and studied. The key areas that are most urgently in need of reform are identified, and their detailed and in-depth analysis is carried out. As the result, a list of small business problems in Ukraine is formed and grouped. Obstacles on the part of the tax system include refusal to register tax invoices for unknown reasons, delays in unblocking tax invoices and registration of invoices by tax authorities, as well as unfounded grounds on which taxpayers are included in risky and lack of clear instructions for exclusion from the list of risky. On the part of law enforcement agencies – unfounded criminal proceedings, slowing down the process of returning business entities to normal operation. On the part of labor relations are the complexity and inflexibility of the interaction between employee and employer and the procedure for dismissal of employees; conducting by the employer of documentary administration of labor in paper form; significant dispersion of legal regulation of labor inspections. In terms of availability of funding are non-compliance with the requirements of bank lending and lack of information about international programs, grants and donor funding with the participation of European organizations, as well as government programs to support business. Based on the outlined problems, a number of ways to overcome them, which will bring small business in Ukraine to a new level and strengthen the economic position of the state are formed.

scholarly journals Interaction Between Law Enforcement Authorities Ensuring Public Order and Security on Transport Infrastructure Objects

2020 ◽  
Vol 12 ◽  
pp. 49-51
Author(s):  
Tatyana M. Zanina ◽  
◽  
Natalya A. Agarkova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Transport Infrastructure ◽  
Public Order ◽  
Wide Range ◽  
The Russian Federation ◽  
Transport Complex

The article is devoted to the issues of administrative and legal regulation of the activities of law enforcement bodies of the Russian Federation, aimed at ensuring public order and security at the facilities of the transport complex. This activity is one of the components of the national priorities of the Russian Federation, which is carried out by a wide range of subjects. Features of the activities of each law enforcement body are considered in the article.

Soldiers’ children in legislation and law enforcement practice in Russian Empire of 18th–19th centuries

2019 ◽  
pp. 131-142
Author(s):  
Evgeniy Nevzorov
Keyword(s):  
Law Enforcement ◽  
Social History ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Russian Empire ◽  
Social Characteristics ◽  
Wide Range ◽  
Archival Documents ◽  
The Russian Empire

We consider historical and legal aspects of social and class status of minor members of “military class”: soldiers’ children, recruit’s children, soldiers’ daughters. These children had special status in legislation and law enforcement practice in Russian Empire in 18th–19th century as they were born in the families of recruits, lower ranks soldiers during their service in Russian army, retired soldiers, soldiers on indefinite leave and service-disabled veterans. On the basis of wide range of archival and published materials we reconstructed the legal regulation and social characteristics of “military offspring” in military forces and civil society. We also reveal recorded in primary archival documents and legal acts social and legal, class and household collisions and trends, which determined life and destiny of “military children”. We clarify statistical uncertainties, which occurred during estimation members of military class – soldiers’ children – in Russian province. We also give detailed historiographic assessment of studying legal status of cantonists and soldiers’ daughters. We conclude about the prospects of studying this scientific problem by domestic historians, as well as the presence of primary archival documents, which are waiting for the introduction into scientific circulation. It is proved that the category of “soldiers’ children” was not only a subject, but was often the object of Russian legislation, this category also made it possible to successfully defend their rights. We reveal features of transformation of the former cantonists into professional soldiers, and also their role in military and social history of the Russian Empire of the considered chronological period.

scholarly journals The Damages from Unwanted Birth in the Italian Legal System: Between Law and Social Consciousness

2016 ◽  
Vol 65 (1) ◽  
pp. 87-94
Author(s):  
Umberto Genovese ◽  
Cristina Lombardo ◽  
Igor M Akulin ◽  
Еkaterina А Chesnokova
Keyword(s):  
Unwanted Pregnancy ◽  
Informed Choice ◽  
Legal Regulation ◽  
Legal Issue ◽  
Legal Systems ◽  
Cultural Traditions ◽  
Unwanted Birth ◽  
Wide Range ◽  
The Right ◽  
Physically Challenged

In Europe, the modern legal systems, as a rule, provide for the right of citizens to a free and informed choice in matter of family planning and procreation, and therefore the right of women to resort to abortion in case of medical and social indications, or even in case of the mother’s request to terminate an unwanted pregnancy. However, being abortion not only a legal issue, but also a social and moral one, different legal systems adopt a wide range of normative models, which take into account, among other things, the existing cultural traditions and the influence of Church on society. Many states recognize the mother and other relatives’ right to compensation arising from the birth of an unwanted child. Much more controversial is the recognition of the rights of a child with a congenital pathology to indemnity from unwanted birth as a result of medical error. In the present article it is examined the experience of Italy, a country where family traditionally represents a considerable cultural and symbolic value. The paper reviews the main normative acts governing the performance of abortion. The research investigates the issues concerning the legal regulation of the compensation for damages arising in connection with the birth of an unwanted child. The present study examines the trend, emerging in the judicial practice, towards the recognition of the physically challenged child’s rights to compensation for the damage deriving from the birth as a result of medical errors.

scholarly journals GENERAL CHARACTERISTICS OF THE FORMATION OF PREREQUISITES FOR THE FORMATION OF REGULATORY AND LEGAL REGULATION OF ADMINISTRATIVE PROCEDURES FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES AS A DIRECTION OF REALIZATION OF THE SOCIAL FUNCTION

2020 ◽  
Vol 1 (9) ◽  
pp. 121-125
Author(s):  
Iryna Tkachenko ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Social Function ◽  
Legal Regulation ◽  
The State ◽  
Persons With Disabilities ◽  
Administrative Services ◽  
Administrative Procedure ◽  
The Social ◽  
Wide Range ◽  
Administrative Procedures

The articles analyze the essence of the concept of "administrative procedure", defined by its features and the degree of detail in national legislation. It is determined that the issues of the institute of administrative implementation and administrative procedure were devoted to a wide range of domestic scientists. The concept of "administrative procedure" and its identification with compatible concepts are analyzed. Certain features of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state are singled out. It is determined that through the whole system of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state can be classified according to various criteria, namely: 1) for the time (duration) of legal relations: one-time; temporary (short-term); permanent; periodic; 2) by stages in the system of legal relations of administrative services are consistently divided into: acquisition (appointment) of disability; provision of administrative services in the field of protection of the rights of persons with disabilities; termination (deprivation) of the status of a person with a disability; 3) with the exception of the competence to implement the administrative procedure: separate competence of the Ministry of Social Policy of Ukraine; exclusive competence of bodies in the field of social protection of oblast, Kyiv city state administration and the Autonomous Republic; exclusive competence of profile subdivisions and their officials as a part of local public authorities (district state administrations, united territorial communities); 4) for several subjects from among public administration bodies: administrative procedures that belong to the competence of one law enforcement body; administrative procedures falling within the competence of two or more law enforcement agencies.

scholarly journals On the issue of cooperation of States in the field of organ donation and transplantation

2019 ◽  
Vol 20 (4) ◽  
pp. 107-111
Author(s):  
N. A. Boenko ◽  
M. G. Minina
Keyword(s):  
Organ Donation ◽  
Social Life ◽  
Legal Regulation ◽  
Economic Life ◽  
World State ◽  
Organizational Mechanism ◽  
Wide Range ◽  
Almost All ◽  
State Cooperation ◽  
Inter State

In today’s world, state cooperation is carried out in almost all aspects of political, social and economic life. The interaction of States on high technologies in medicine is not something new and is carried out in a wide range of clinical areas. The cooperation of States in the field of organ donation and transplantation is not limited to the exchange of clinical experience between specialists from different countries or the provision of medical care in a particular case. On the one hand, this direction affects many aspects of social life of man, and needs special legal regulation. On the other hand, it is an effective organizational mechanism, the use of which by States can contribute to saving the lives and health of their own citizens through the inter-state exchange of donor organs. The most important goal of inter-state cooperation is to unite the efforts of the relevant state institutions and services to combat the illegal organ donation and transplantation tourism.

scholarly journals Criminalistics analysis of fraud in the labor market

2020 ◽  
Vol 3 (3) ◽  
pp. 240-244
Author(s):  
Iryna Antonyuk
Keyword(s):  
Labor Market ◽  
Law Enforcement ◽  
Labor Relations ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Market Reform ◽  
Specific Situation ◽  
Law Enforcement Agencies ◽  
Labor Market Reform ◽  
Employment Services

The article is devoted to the study of organizational and economic mechanisms of regulation of employment in Ukraine. It is emphasized that, in modern conditions of economic development, the problems of effective employment of the population of Ukraine, labor market reform and prevention of mass unemployment become especially important. The labor market is central among other markets. At the same time, the imperfection and existence of conflicts in labor and civil legislation, as well as the inability of law enforcement agencies to resist all new manifestations of fraud, have led to the spread of fraudulent activities in the labor market. A person who has lost faith in finding a decent job, suddenly receiving such an offer, loses vigilance and can accept questionable conditions, as a result of which he becomes a victim. It is emphasized that it is impossible to understand the problem of fraud without studying the pe-culiarities of the labor market and identifying the factors that affect the level of fraud in this area. The activity of persons acting as employers, as well as providing employment mediation services is analyzed, the nature of social and labor relations with employees is described, a number of normative legal acts regulating the sphere of employment are analyzed. There are shortcomings in the legislation governing labor relations. Some factors and circumstances influencing the occurrence of fraudulent manifestations in the field of employment services are considered. It is emphasized that the specifics of criminal activity in the labor market significantly depends on the socio-economic situation and the legal regulation of relevant procedures, legal conflicts and differences in legislation, to which fraudsters react quickly to commit a criminal plan. In this case, fraudsters adapt to the specific situation, based on the dynamics of favorable and unfavorable factors, adapting to new conditions.

scholarly journals Peculiarities of exercise by the High Council of Justice of powers of temporary suspension of judges from justice

2019 ◽  
pp. 115-122
Author(s):  
Yu. Kostkina
Keyword(s):  
Professional Development ◽  
Decision Making ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Disciplinary Action ◽  
Criminal Prosecution ◽  
Judicial Reform ◽  
Wide Range ◽  
Administration Of Justice ◽  
Temporary Suspension

Judicial reform was intended to strengthen the safeguards of judges and to ensure the independence of the judiciary as a whole. In order to achieve these goals, the legislature, in the framework of judicial reform, has reorganized the old High Council of Justice and created on its basis a new body. These changes were positively estimated not only by domestic scientists and practitioners, but also by the international community. The newly created body is authorized with a wide range of powers, designed to ensure the proper administration of justice, to protect judges and their independence, and to form a virtuous and highly professional corps of judges in Ukraine. Goal of article. In connection with the fact that the competence of the High Council of Justice, the successor to the judiciary, the specified group of powers did not included, arose the need for their research and determine the peculiarities of their implementation. In particular, the powers of the new High Council of Justice include the decision-making authority on temporary suspension of judges from justice in connection with criminal prosecution, during a qualification assessment, and in the order of disciplinary action. The author investigates the peculiarities of a temporary suspension of judges from justice in connection with criminal prosecution, and analyzes the Supreme Court's practice regarding the procedure for extending such temporary suspension. In addition, the article deals with the procedure for temporarily suspension of judges from justice for the period of qualification assessment of a judge, which is carried out by the Qualification Commission of Judges of Ukraine. Finally, the peculiarities of the legal regulation of the procedure for temporarily suspension of judges from justice, which is applied to a judge as a disciplinary sanction in the framework of disciplinary proceedings, are analyzed, deficiencies and gaps of the current legislative regulation are identified, and appropriate changes are proposed. Based on the needs of law enforcement activities, the author of the article The of substantiated the necessity of concretization of the obligation of a high Council of justice to determine the course of professional development, which must pass the judge during the suspension, That will ensure the delimitation of its powers with the competence of the High Qualifications Commission of judges.

scholarly journals The legal regulation of genomic DNA banks in the context of social, cultural and regulatory diversity

2019 ◽  
pp. 30-38
Author(s):  
V. I. Przhilenskiy ◽  
A. A. Vergun
Keyword(s):  
Law Enforcement ◽  
Genetic Research ◽  
Decisive Role ◽  
Legal Regulation ◽  
Cultural Traditions ◽  
Comparative Review ◽  
Computer Knowledge ◽  
Legislative Framework ◽  
Angle Of View ◽  
The Impact

The article deals with the normative regulation of genetic research and bioengineering, compares the experience of different countries in this area. The author subjects a legislative framework for the preservation of privacy in the formation of biobanks in such countries as Denmark, Israel and China to a detailed analysis. On the example of law enforcement practice in the States mentioned above, the author shows the variety of ways of development of relevant legislation, as well as the impact of legal, political and socio-cultural traditions on those ways. Special attention is paid to the connection of genetic research with the development of computer technologies that require complex legal regulation with due regard to specifics of genomic and computer knowledge. The author substantiates relevance of the thesis about a decisive role of the influence of political and administrative reasons in choosing the strategy of legislative and institutional regulation of biotechnology and bioengineering by means of a comparative review of various schemes and models emerging in Danish, Israeli and Chinese legal reality. In the article, the authors shift from the problem of development of legal support of genomic biobanks to the problem of ethical foundations of this activity, and expand the angle of view by considering protection of rights of unborn children, protection of rights of minors and those who have lost their legal capacity due to old age. The authors systematize and problematize the issues of preserving effectiveness of legal regulation in the development of precision (personalized) medicine that is based on the ontology of the unique, while law enforcement, in principle, is normative, and, therefore, based on the ontology of the universal.

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