scholarly journals Determining the Concept of the Principles of Legal Regulation of Encouragement of the Employees of the National Police of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 54-61
Author(s):  
N. V. Sorochan
Keyword(s):  
Social Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Normative Influence ◽  
Specific System ◽  
The Rule Of Law ◽  
Basic Ideas ◽  
Definition Of ◽  
National Police ◽  
The Impact

The author has researched one of the directions of the modern formation and development of the rule of law state related to the improvement of various branches of law and the relevant legislation in the field of labor law, the definition of the concept and principles of legal regulation of encouragement applicable to the employees of the National Police of Ukraine. The concept of the principles of legal regulation of encouragement of the employees of the National Police of Ukraine has been defined. It has been found out that encouragement as a mean of legal influence is stimulation of certain behavior of a person under the impact of a certain motive or motives. Legal regulation has been considered as a specific system of normative influence on socially significant, conscious-willed, repeated and stable social relations with the purpose of ordering them. Principles of legal regulation of encouragement of the employees of the National Police of Ukraine have been defined as basic ideas of the system of normative influence on legal relations concerning the encouragement of the specified employees, which determine the content and orientation of its norms and are characterized by systematic, mutually consistent, universal, comprehensive, subjective and regulatory nature. It has been offered to divide these principles into basic and optional ones. The author has analyzed the scholars’ opinions on determining the concept of promotion in labor law, has studied the essence of promotion in labor law, the definition of legal regulation as a specific system with further clarification of the concept of “principles of legal regulation of promotion of the employees of the National Police of Ukraine”.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

scholarly journals Concepts and types of administrative and legal means of ensuring economic security by the National Police of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 46-55
Author(s):  
V. V. Tolochko
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Protection ◽  
Economic Security ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Definition Of ◽  
National Police ◽  
Personal Interests ◽  
Positive Results

The author of the article has analyzed the existing doctrinal provisions concerning the definition of the terms “a method”, “a measure”, “a way” and “a mean” and the categories of “legal means”, “administrative and legal means”. It has been emphasized that administrative and legal means in the complex are one of the effective structural elements of the protective activity of state authorities aimed at the formation and development of social relations in various fields (including in the field of economics). The author has revealed the significance of administrative and legal means for ensuring the implementation of the security function of the state in the whole and administrative and legal protection, in particular, which became the basis for outlining the forms of administrative and legal protection in the context of its implementation through the realization of administrative and legal means. As a result, the author has offered own approach to the definition of the concept of administrative and legal means of ensuring economic security by the National Police of Ukraine. The analysis of the current administrative law and the practice of its application and, respectively, the powers of the main units of the National Police, which are entrusted with the task to ensure economic security, provided the opportunity to refer the following types of administrative and legal means of ensuring economic security by the National Police of Ukraine: 1) means of persuasion, positive incentives or incentives that contribute to raising the creative activity of legal relations participants, based on their quest for positive results of their work, to the realization of social and personal interests; 2) measures of administrative coercion, which are used for the purpose of prevention, termination of offenses, ensuring proceedings in cases on administrative offenses and bringing offenders to administrative liability. The application of administrative coercion is one of the important factors in strengthening the rule of law, discipline and organization in the field of economics, protection of the management order established in this area. The conducted research should become the basis for studying the problems of certain administrative and legal means of ensuring economic security by the National Police of Ukraine, which is a perspective direction for further scientific research.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Legal regulation of practices of the police as an entity in charge of preventing and combating corruption in Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 735-755
Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina
Keyword(s):  
Regression Analysis ◽  
National Security ◽  
Legal Status ◽  
Legal Regulation ◽  
Analysis Method ◽  
The World ◽  
Comprehensive Development ◽  
Definition Of ◽  
National Police ◽  
Police Practices

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals Features of urban public spaces in the context of globalization

2020 ◽  
Vol 26 (4) ◽  
pp. 232-246
Author(s):  
K. L. Khomyakova
Keyword(s):  
Public Space ◽  
Social Relations ◽  
Public Spaces ◽  
Urban Public Space ◽  
Modern Cities ◽  
The Social ◽  
Essential Properties ◽  
Methodological Problems ◽  
Definition Of ◽  
The Impact

The article deals with characteristics of urban public spaces, their role in the global transformation of the social relations system is determined. The ambiguity of assessing the impact of globalization on modern cities is due to the theoretical and methodological problems of modern sociological urbanism. There is no single approach among scientists to defining the concept of urban public space, which determines the relevance of the study of its interpretation and definition of essential properties. Public spaces are considered as a connecting element between the system and social levels of urban research, which correspond to the levels of integration identified by the modern sociologist E. Giddens. The article analyzes classical and modern approaches to the study of public space, there is reveals the course of evolution of sociological thought in relation to the formation of differentiation of types of spaces within cities. Based on the analysis of the works of modern sociologists and urbanists, such key features of public spaces as openness, socio-political neutrality, and symbolism were identified. Global processes and contradictions lead to an aggravation of the problem of the presence of the category of “Others” within public urban spaces, which are representatives of various segments of the population, with a variety of claims and interests. One of the consequences of the intensive development of digital technologies is a possible situation of “competition for the citizen” between traditional public spaces and online services. Assumptions are made about future transformations of social relations within public spaces as a result of the impact of the COVID-19 coronavirus pandemic.

scholarly journals AGEISM AS A LATENT FORM OF AGE DISCRIMINATION

2021 ◽  
Vol 12 (2) ◽  
pp. 181-187
Author(s):  
Oksana Оnyshko ◽  
◽  
Ruslan Topolevsky ◽  
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Age Discrimination ◽  
Cultural Norms ◽  
Dual Nature ◽  
Latent Form ◽  
Indirect Influence ◽  
Direct Discrimination ◽  
Main Thing ◽  
The Impact

. The article is devoted to the study of ageism as a form of age discrimination. The peculiarity of age discrimination is that anyone can become its object after reaching the appropriate age. The main thing is that ageism has a dual nature. The first is the level of perception and stereotypes and the second is the level of certain ones. At the same time, the influence on the change of stereotypes is possible only through the sphere of indirect influence - the formation of appropriate cultural norms that would be in opposite to such stereotypes. Also, discriminatory practices may be subject to the legal regulation. It is noted that some of these practices have a marginal origin, because they are on the border between actions that can be clearly defined as direct discrimination and actions that constitute covert discrimination. At the same time, both formalization and prevention of hidden discrimination are very complicated. The possibility of implementing special measures (affirmative actions) to reduce the impact of agediscriminatory practices is indicated in the article. The study of the problem of ageism emphasizes the special nature of discriminatory practices in the field of labor law. The practice of restricting the employment of persons who have reached a certain age is the most pronounced. Such limitations should be considered as discriminatory practices, except when they can be justified. However, such justification must be proven for each specific type of restriction. The concept of presumption of prohibition of age discrimination is offered. The article emphasizes the need of the problem of age discrimination for future researches, including through sociological means. Also, it is necessary to monitor and revise legislation and bills in terms of age restrictions on certain activities.

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