scholarly journals The Constitution and Public Administration

2018 ◽  
Vol 3 (2) ◽  
pp. 81-89
Author(s):  
Aksana Shupitskaya
Keyword(s):  
Public Administration ◽  
Research Methods ◽  
Social Relations ◽  
The State ◽  
Sociological Research ◽  
Main Task ◽  
Scientific Methods ◽  
Basic Law ◽  
State And Society ◽  
General Scientific

The article is devoted to the analysis of the ratio of public administration and the Constitution. At the same time, under public administration, the author understands the activities of state bodies and their officials to transform social relations for the benefit of society and the state. And under the Constitution – the Basic Law (or the sources of law) of the state and society, containing the system of constitutional principles and norms and ensuring the achievement and preservation of constitutional values. The main task of the author is to confirm that the Constitution is the basis and at the same time the framework of public administration, and the constitutional values are the purpose of its implementation. To reveal the question, such general scientific methods of cognition were used as analysis, synthesis and generalisation. Comparative legal, concrete sociological research methods, interdisciplinary and complex approaches attracted the attention of the researcher in the study of the problem.

Assessment of corruption risks in the Federal Executive bodies exercising control and Supervisory functions

2019 ◽  
pp. 190-199
Author(s):  
Denis Viktorovich Shepelev
Keyword(s):  
Risk Assessment ◽  
Risk Management ◽  
Public Administration ◽  
The State ◽  
General Description ◽  
Scientific Methods ◽  
Special Place ◽  
General Scientific

The relevance of the study is due to the priority tasks facing the state, among which a special place is occupied by the activities to prevent and combat corruption, minimize and eliminate the consequences of corruption offenses, including in the field of public administration. The purpose of the study is a General description of the assessment of corruption risks in the Federal Executive bodies, carrying out control and Supervisory functions. In considering these issues, the author used General, General scientific and private scientific methods, including formal legal. The author analyzes the corruption-dangerous functions, the main stages of corruption risk assessment and the whole system of corruption risk management. The study formed proposals to improve the methods aimed at minimizing the identified corruption risks in the course of the functions of state bodies. The proposed measures, reflected in the conclusions of the work, can be used by the Federal Executive bodies exercising control and Supervisory functions in order to improve their activities.

scholarly journals Sanctions in Sport: The Relationship Between Legal and Local Regulation (Sanciones en el deporte La relación entre la regulación legal y local )

Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Sports Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Foreign Countries ◽  
General Scientific ◽  
State Of Research

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.

scholarly journals The State and Human Rights: The Problems of Restrictions in the Pandemic

Legal Concept ◽  
2020 ◽  
pp. 41-46
Author(s):  
Lyubov Pozharova ◽  
Natalia Kosolapova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Social Relations ◽  
Emergency Situation ◽  
Dialectical Materialism ◽  
The State ◽  
Scientific Methods ◽  
Political Relations ◽  
Analysis And Synthesis ◽  
General Scientific

Introduction: in the context of modern life related to the fight against the COVID-19 pandemic, human rights and their implementation whose main goal is the existence of important social, economic and political relations are forced to be limited by the state. In this regard, the authors of the paper aim to analyze the problems that arise when the state interferes with the private sphere, and suggest the solutions that can serve as the additional guarantees of the full exercise of their rights by citizens. Methods: when writing the paper, the provisions of dialectical materialism and such methods as deduction and induction, analysis and synthesis, system, logical and other general scientific methods were used. Results: as a result of the analysis of the prevailing political and environmental conditions, it is possible to state that in an emergency situation, people often mistakenly perceive measures coming from the state as restrictions on their rights, which causes them to feel insecure and vulnerable. This may exacerbate a pre-existing sense of discrimination and inequality among certain social groups that require special economic and social support from the state. The research focuses on the problem of creating the necessary conditions for the state to ensure that individuals exercise and protect their rights without putting their lives and health at risk. The authors also consider the aspects related to citizens’ access to participation in solving socially significant issues of public administration. Conclusions: as a result of the research, the main problems that arise from the state’s restricting the rights in the pandemic are considered, as well as possible solutions that allow the state to effectively ensure stability in society, guaranteeing the implementation of basic human and civil rights and freedoms, and creating equal and stable social relations.

scholarly journals Careless crime: state, dynamics, measures of general and special counteraction

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Specific Weight ◽  
The State ◽  
Scientific Methods ◽  
General Scientific ◽  
Scientific Substantiation ◽  
Criminal Legislation ◽  
Legislative Processes

The subject of the study is careless crime, taking into account the implemented national criminal law policy. The aim of the study is to investigate the scientific understanding, content and types of careless crime. Attention is focused on the state, dynamics of careless crime, measures of General and special counteraction to the specified social and legal phenomenon. The methodological basis of counteraction measures is formed by a set of General scientific and private scientific methods, which allowed to investigate the process of novelization of criminal legislation and its implementation at the law enforcement level. The main results of the study reflect the problems of prevention, prevention, General and special counteraction to careless crime, affecting the effectiveness of the implementation of the mechanism of criminal law regulation of social relations associated with crimes committed by carelessness or negligence. Conclusions concerning types of careless crime, its specific weight, the personality of the careless criminal, including scientific substantiation of the General and special counteraction measures are formulated. The scientific and practical validity of legislative processes is noted as the defining problem. The problems of implementation of the criminal law in the context of increasing rates of careless crime, actualizing the practice-oriented measures of counteraction, based on the state, structure, dynamics of the development of this social and legal phenomenon. Attention is focused on strengthening the sanctions of criminal law norms regulating increased responsibility for certain types of careless crimes, which in fact do not affect the reduction of criminal tension in the sphere of careless crime. The problematic issues of improving the quality of the criminal law and other normative legal acts providing prevention, prevention and counteraction to careless crimes are revealed. The focus is on improving the quality of activities of state authorities, self-government bodies and civil society institutions, increasing the level of control.

scholarly journals The system of organization of authorities in determining the state regime

Legal Ukraine ◽  
2020 ◽  
pp. 6-12
Author(s):  
Keyword(s):  
Public Administration ◽  
Separation Of Powers ◽  
Administrative Law ◽  
The State ◽  
Main Task ◽  
Democratic Regimes ◽  
State And Society ◽  
State Regime ◽  
The Individual ◽  
Totalitarian Regimes

The authors of the article consider the place of organization of executive authorities in determining the state regime through the provisions of administrative law. The article emphasizes the importance of functioning of a democratic regime as opposed to authoritarian and totalitarian regimes. Attention is also drawn to the fact that in democratic regimes, the focus is on the individual and his rights. Contrary to this assertion, a parallel is drawn with the Soviet command and administration system, which centered on the state. In addition, the article indicates that the existence of a state regime depends to a large extent on the power and administrative activity of the authorities, as well as the internal subordination within the system of authorities. The article highlights the fundamental principles and institutions of a democratic society and the state, in particular the principle of separation of powers and the rule of law. The system of interaction between the state and society, citizen and executive bodies, state bodies and local self-government bodies is considered. Attention is drawn to the main models of interaction between executive authorities and local self-government bodies. Also, the article deals with the main task of the science of administrative law in order to better understand the concept of «state regime». The article draws attention to public administration entities, their rights and responsibilities, where their management activities play a major role. It is emphasized that non-legal methods and forms of government are a sign of undemocratic state regimes. It is also emphasized that the transition from command and control remnants of the Soviet system continues and that is why Ukraine continues to carry out new reforms. Because of this, the state and society are constantly experiencing waves of ups and downs. Key words: state regime, system of organization of the authorities, subjects of public administration, state, society, person.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals COGNITIVE POTENTIAL OF VERBS OF SPEECH (on the Material of the Latin Language)

2020 ◽  
Vol 12 (3) ◽  
pp. 15-23
Author(s):  
Natalia I. Danilina ◽  
Keyword(s):  
Research Methods ◽  
Social Relations ◽  
The State ◽  
Classical Period ◽  
Base Word ◽  
State Law ◽  
Interpersonal Contact ◽  
Word Families ◽  
Latin Language

Тhe article aims to identify and compare the specific cognitive potential of prototypical verbs dicere, loqui, fari in the Latin language of the classical period, to determine its origins. Objects of analysis are semantic variants of the verbs and their derivatives. The research methods include semantic, cognitive, etymological analysis. The cognitive potential of a word family is determined by the etymological semantics of the base word. In the dicere word family, the semantics of speaking is secondary and develops in interaction with the etymological meaning ‘to show’. In some of the subfamilies, this meaning is implemented exclusively; members of these subfamilies represent social realities of the legal sphere. In the word family, there are many derivatives with mental or voluntary components of semantics dominating. The loqui word family stems from the base with the meaning ‘to make a sound’. It is dominated by derivatives with the meaning of speaking, speech is primarily revealed as a means of interpersonal contact. The etymological semantics of the verb fari combines the semantics of speaking with the idea of transpersonal nature of speech. As a result, some derivatives characterize speech as a process, others are concentrated in the cognitive sphere of the cult. The former direction is supported by secondary cognitive spheres associated with the unofficial use of speech (‘Rumor’, ‘Folklore’), the latter direction generates secondary cognitive spheres in which speech is interpreted as a means of communication between a person and higher powers (‘Fate’) or the state (‘Law’). The word families in question have areas of cognitive intersection: ‘Eloquence’ in loqui and fari (actualization of the semantics of speaking), ‘Speech as a means of regulating social relations’ in dicere and fari (actualization of voluntary components of semantics and the idea of transpersonal nature of speech).

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.

scholarly journals Scientific methods of public administration in migration research

2020 ◽  
Vol 68 (2) ◽  
pp. 109-122
Author(s):  
András László Szabó
Keyword(s):  
Public Administration ◽  
Research Methods ◽  
Methodological Approach ◽  
Point Of View ◽  
Scientific Methods ◽  
Migration Research ◽  
Independent Field ◽  
The Subject ◽  
The Given ◽  
Insight Into

In my study, I list the directions of migration research, all from the point of view of public administration science. The emergence of migration research as an independent field is necessitated by the growth of migration. Researchers are researching the phenomenon of migration from their own field. Public administration uses a multidisciplinary, i.e. methodological approach of several disciplines, all of which is determined by the knowledge and nature of the subject of the given research. In the following, I review and evaluate the methodological directions of the research, which can provide an answer to a segment of the phenomenon of migration. The study gives an insight into research methods for migration research. It is not intended to present specific examples and procedures. At the end of the study, in possible directions, beyond the science of public administration, I list the organizations and faculties that are able to use the methodology of migration research.

scholarly journals ARTIFICIAL INTELLIGENCE VERSUS PUBLIC ADMINISTRATION: LIMITATIONS OF APPLICATION

2019 ◽  
Vol 7 (3) ◽  
pp. 516-520
Author(s):  
Petr M. Morkhat ◽  
Igor V. Ponkin ◽  
Marina V. Markhgeym ◽  
Vladimir K. Botnev ◽  
Aidyn O. Turganbayev
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Research Methods ◽  
System Analysis ◽  
The State ◽  
Point Of View ◽  
Existing Problems ◽  
The Future ◽  
Long Time ◽  
Systemic Problems

Purpose of Study: The present study was designed to study possibilities, conditions, grounds and limitations regarding the use of technologies and units of artificial intelligence in public administration. Determinants of the need to use such technologies in public administration were also considered. In this study, directions of realizable engagement which is already implemented, as well as directions of the possible use of artificial intelligence units in the future for public administration were investigated to ensure the functioning of system of state executive bodies. Methodology: The present research carried out based on the application of research methods such as system analysis, synthesis, and classification. Using these research methods, the concepts of describing conditions, possibilities, modes and functional-target load of using technologies and units of artificial intelligence in public administration, as well as limitations of its application in public administration were developed. Results: It was found that the use of artificial intelligence by the state for performing its various own tasks is highly relevant as it might lead to finding many positive approbations. However, despite the fact that technologies and artificial intelligence units have been developed for a relatively long time, and some of them are already widely used, it is still impossible to talk about the integrated, fully tested and properly regulated implementation of this kind of technology and units for management, therefore, it is suggested to further investigate on this issue from a theoretical (prognostic) point of view, taking into account potential directions and possibilities regarding    the use of such technology and units. Implications/Applications: The use of technologies and units of artificial intelligence does not necessarily take into account as a panacea for solving the problems and may not lead to solving some systemic problems in public administration, but, on the contrary, may even aggravate some existing problems in public administration and contribute to the emergence of new problems and risks.

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