首页 > 最新文献

Social Legal Studios最新文献

英文 中文
PRINCIPLES OF BUDGET LAW: LEGAL NATURE, CONCEPT AND SYSTEM 预算法原则:法律性质、概念与制度
Pub Date : 2020-12-25 DOI: 10.32518/2617-4162-2020-4-116-122
I. Prots
The article conducts a theoretical and legal study of the concept and system of principles of budget law, scientific approaches to understanding and implementing the principles of the budget system of Ukraine. The analysis of approaches to the definition of principles of law, financial law is carried out, definitions of principles of budgetary law which are contained in scientific national and foreign legal literature are considered, features of influence on the formation of principles of budgetary law and normative-legal fixing are specified. The difference between the principles of budget law and the principles of budget activity is indicated. The place of budget law as a sub-branch of financial law is defined. Budget law is an element of the financial law system. The system of principles in force in budget law is similar to the system of principles of financial law with the difference that a group of special principles is added to them. These principles can be called their own, as they apply only to budgetary relations, have a unique legal scope, and are externally normatively expressed in the budget legislation in the form of principles of the budget system of Ukraine. The system of principles of budget law includes: general principles of law inherent in the entire legal system; intersectoral principles inherent in financial law, all elements of this branch of law; principles inherent only in financial law and apply to all elements of this branch of law; principles inherent only in budget law, own principles that apply to all elements of this subsector and are normatively expressed in budget legislation as the principles of the budget system of Ukraine. The definition of �principles of budgetary law� is given, it is proved that as a mechanism of regulation of budgetary activity the principles are manifested in law-making and law-enforcement documents, normative-legal acts.
本文对预算法原则的概念和体系进行了理论和法律上的研究,为理解和实施乌克兰预算制度原则提供了科学的途径。对法律原则、财政法的定义方法进行了分析,对科学的国内外法律文献中包含的预算法原则的定义进行了考察,明确了对预算法原则形成和规范性法律确定的影响特点。指出了预算法原则与预算活动原则的区别。明确了预算法作为金融法分支的地位。预算法是财政法律体系的组成部分。预算法实施原则体系与金融法实施原则体系类似,不同之处在于在其基础上增加了一组特殊原则。这些原则可以称为自己的原则,因为它们只适用于预算关系,具有独特的法律范围,并以乌克兰预算制度原则的形式在预算立法中对外规范性地表达出来。预算法原则体系包括:整个法律体系所固有的一般法律原则;金融法固有的部门间原则,这一法律分支的所有要素;仅在金融法中固有的原则,并适用于这一法律分支的所有要素;仅在预算法中固有的原则,适用于这一分部门的所有组成部分的自己的原则,并作为乌克兰预算制度的原则在预算立法中规范性地表达。对“预算法原则”进行了界定,论证了预算法原则作为一种对预算活动进行调节的机制,体现在立法和执法文件、规范性法律行为中。
{"title":"PRINCIPLES OF BUDGET LAW: LEGAL NATURE, CONCEPT AND SYSTEM","authors":"I. Prots","doi":"10.32518/2617-4162-2020-4-116-122","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-116-122","url":null,"abstract":"The article conducts a theoretical and legal study of the concept and system of principles of budget law, scientific approaches to understanding and implementing the principles of the budget system of Ukraine. The analysis of approaches to the definition of principles of law, financial law is carried out, definitions of principles of budgetary law which are contained in scientific national and foreign legal literature are considered, features of influence on the formation of principles of budgetary law and normative-legal fixing are specified. The difference between the principles of budget law and the principles of budget activity is indicated. The place of budget law as a sub-branch of financial law is defined. Budget law is an element of the financial law system. The system of principles in force in budget law is similar to the system of principles of financial law with the difference that a group of special principles is added to them. These principles can be called their own, as they apply only to budgetary relations, have a unique legal scope, and are externally normatively expressed in the budget legislation in the form of principles of the budget system of Ukraine. The system of principles of budget law includes: general principles of law inherent in the entire legal system; intersectoral principles inherent in financial law, all elements of this branch of law; principles inherent only in financial law and apply to all elements of this branch of law; principles inherent only in budget law, own principles that apply to all elements of this subsector and are normatively expressed in budget legislation as the principles of the budget system of Ukraine. The definition of �principles of budgetary law� is given, it is proved that as a mechanism of regulation of budgetary activity the principles are manifested in law-making and law-enforcement documents, normative-legal acts.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126117710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
METHODOLOGICAL PARADIGM OF MODERN LEGAL SCIENCE IN UKRAINE 乌克兰现代法学的方法论范式
Pub Date : 2020-12-25 DOI: 10.32518/2617-4162-2020-4-12-20
V. Yashchenko, O. Balynska
The leading idea of the article is the application of the most appropriate methodology for disclosing the essence and content of law, its origin, evolution, contradictions and their coordination in the context of the relationship between natural and positive law, social and individual paradigms, in particular, in the context of nationalizing the individual, and, on the contrary, individualizing the collective in a wide humanistic plane. This aspect synthesizes approaches to the disclosure of individual and collective through the categories of �self�, where dialectical, phenomenological, existential and other approaches are qualified as communicative and dialogic paradigm, which today finds its practical embodiment in lawmaking and law enforcement. Feeling the controversy of these views, the authors emphasize the deepening of the humanistic content of the legal regulator of social relations. Domestic modern legal science in its development should focus on deepening the humanistic content of the normative regulation of social relations. This actualizes the need to solve such scientific problems as the methodology of research and functioning of law, achieving a harmonious relationship between individual and collective in law, the connection of its natural and positive aspects, etc. A fundamentally new definition of the essence of law is proposed, not as the will of a certain class or majority, but as the will to self-existence, which is expressed in the phenomenon of self as a harmonious synthesis of individual and social. In this context, to investigate the legal phenomena dialectics can be effectively used not as a materialistic or idealistic methodology, but as the most general theory and way of ascending to the truth. After all, opposites in law are not necessarily antipodes, but can act as interacting components of legal reality
本文的主要思想是在自然法与实在法、社会范式与个人范式的关系背景下,特别是在个人国家化的背景下,在广泛的人文主义层面上,在集体个体化的背景下,运用最合适的方法论来揭示法律的本质和内容、起源、演变、矛盾及其协调。这方面通过“自我”的范畴综合了个人和集体的揭示方法,其中辩证、现象学、存在主义和其他方法被限定为交流和对话范式,今天在立法和执法中找到了它的实践体现。在感受这些观点的争议的同时,作者强调社会关系法律调节器的人文内涵的深化。国内现代法学在其发展中应注重深化对社会关系进行规范调节的人文内容。这就要求解决法律的研究方法和功能、实现法律中个人与集体的和谐关系、法律的自然方面与积极方面的联系等科学问题。对法律的本质提出了一个全新的定义,它不是某一阶级或多数人的意志,而是自我存在的意志,这种自我存在的意志表现为个人与社会的和谐结合。在这种背景下,研究法律现象,辩证法可以有效地作为最一般的理论和途径,而不是作为唯物主义或唯心主义的方法论。毕竟,法律中的对立面不一定是对的,但可以作为法律现实的相互作用的组成部分
{"title":"METHODOLOGICAL PARADIGM OF MODERN LEGAL SCIENCE IN UKRAINE","authors":"V. Yashchenko, O. Balynska","doi":"10.32518/2617-4162-2020-4-12-20","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-12-20","url":null,"abstract":"The leading idea of the article is the application of the most appropriate methodology for disclosing the essence and content of law, its origin, evolution, contradictions and their coordination in the context of the relationship between natural and positive law, social and individual paradigms, in particular, in the context of nationalizing the individual, and, on the contrary, individualizing the collective in a wide humanistic plane. This aspect synthesizes approaches to the disclosure of individual and collective through the categories of �self�, where dialectical, phenomenological, existential and other approaches are qualified as communicative and dialogic paradigm, which today finds its practical embodiment in lawmaking and law enforcement. Feeling the controversy of these views, the authors emphasize the deepening of the humanistic content of the legal regulator of social relations. Domestic modern legal science in its development should focus on deepening the humanistic content of the normative regulation of social relations. This actualizes the need to solve such scientific problems as the methodology of research and functioning of law, achieving a harmonious relationship between individual and collective in law, the connection of its natural and positive aspects, etc. A fundamentally new definition of the essence of law is proposed, not as the will of a certain class or majority, but as the will to self-existence, which is expressed in the phenomenon of self as a harmonious synthesis of individual and social. In this context, to investigate the legal phenomena dialectics can be effectively used not as a materialistic or idealistic methodology, but as the most general theory and way of ascending to the truth. After all, opposites in law are not necessarily antipodes, but can act as interacting components of legal reality","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132841139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ACT OF 1981 �ON THE LEGAL STATUS OF FOREIGN CITIZENS IN THE USSR�: BASIC PROVISIONS AND APPLICATION 1981年《关于外国公民在苏联的法律地位法》:基本条款和适用
Pub Date : 2020-12-25 DOI: 10.32518/2617-4162-2020-4-57-63
Hanna Siromska
The article considers the peculiarities of the legal status of foreign citizens in the Soviet Union as a result of legislative changes in the early 1980s. The purpose of the article is to analyze the main provisions and features of the application �On the Legal Status of Foreign Citizens in the USSR� Act of 1981. The research methodology is defined by an interdisciplinary approach (history, law) and is based on general scientific and special scientific methods, first of all, retrospection and legal analysis. The study result that the adoption of the �On the Legal Status of Foreign Citizens in the USSR� Act in 1981 was, among other things, due to the need to regulate the main aspects of the stay of foreign tourists in the Soviet Union as there was a formal principle that foreigners enjoyed the same rights and freedoms and had the same responsibilities as Soviet citizens, unless otherwise provided by current legislation. Due to this provision, foreigners were endowed with a fairly wide range of socio-economic and personal rights and freedoms, as well as certain political rights and freedoms. At the same time, the use of rights and freedoms by foreign citizens and stateless persons in the USSR should not have harmed the interests of Soviet society and the state, the rights and legitimate interests of the citizens of the USSR. The conclusions emphasize that the legal status of foreigners in the USSR was based on the following principles: 1) foreign citizens in the Soviet Union could claim the same rights and freedoms and bear the same obligations as citizens of the USSR; 2) foreigners were treated as equal before the law, regardless of the origin, social and property status, race and nationality, sex, education, language, etc.; 3) certain special restrictions were allowed in respect of citizens of those states in respect of which there were restrictions; 4) the enjoyment of rights and freedoms by foreign citizens in the USSR shouldn�t have harmed the �interests of Soviet society�. At the same time, the formally guaranteed rights of foreigners were not always realized in practice due to the peculiarities of the political regime in the country.
这篇文章考虑了由于1980年代初立法的变化,外国公民在苏联法律地位的特殊性。本文的目的是分析1981年《关于外国公民在苏联的法律地位法》适用的主要规定和特点。研究方法采用跨学科的方法(历史学、法学),以一般科学和特殊科学方法为基础,首先是回顾和法律分析。研究结果表明,1981年通过《关于外国公民在苏联的法律地位法》,除其他外,是由于需要管制外国游客在苏联逗留的主要方面,因为有一项正式原则,即外国人享有与苏联公民同样的权利和自由,并负有与苏联公民同样的责任,除非现行立法另有规定。由于这一规定,外国人被赋予相当广泛的社会经济和人身权利和自由,以及一定的政治权利和自由。同时,外国公民和无国籍人在苏联境内行使权利和自由,不得损害苏联社会和国家的利益,不得损害苏联公民的权利和合法利益。结论强调,外国人在苏联的法律地位基于以下原则:1)在苏联的外国公民可以要求与苏联公民同样的权利和自由,并承担与苏联公民同样的义务;2)外国人不论其出身、社会和财产状况、种族和国籍、性别、教育程度、语言等,在法律面前一律平等;3)对于那些有限制的国家的公民,允许有某些特别的限制;(4)外国公民在苏联享有权利和自由不应损害“苏联社会的利益”。与此同时,由于该国政治制度的特殊性,外国人的正式保障权利在实践中并不总是得到实现。
{"title":"ACT OF 1981 �ON THE LEGAL STATUS OF FOREIGN CITIZENS IN THE USSR�: BASIC PROVISIONS AND APPLICATION","authors":"Hanna Siromska","doi":"10.32518/2617-4162-2020-4-57-63","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-57-63","url":null,"abstract":"The article considers the peculiarities of the legal status of foreign citizens in the Soviet Union as a result of legislative changes in the early 1980s. The purpose of the article is to analyze the main provisions and features of the application �On the Legal Status of Foreign Citizens in the USSR� Act of 1981. The research methodology is defined by an interdisciplinary approach (history, law) and is based on general scientific and special scientific methods, first of all, retrospection and legal analysis. The study result that the adoption of the �On the Legal Status of Foreign Citizens in the USSR� Act in 1981 was, among other things, due to the need to regulate the main aspects of the stay of foreign tourists in the Soviet Union as there was a formal principle that foreigners enjoyed the same rights and freedoms and had the same responsibilities as Soviet citizens, unless otherwise provided by current legislation. Due to this provision, foreigners were endowed with a fairly wide range of socio-economic and personal rights and freedoms, as well as certain political rights and freedoms. At the same time, the use of rights and freedoms by foreign citizens and stateless persons in the USSR should not have harmed the interests of Soviet society and the state, the rights and legitimate interests of the citizens of the USSR. The conclusions emphasize that the legal status of foreigners in the USSR was based on the following principles: 1) foreign citizens in the Soviet Union could claim the same rights and freedoms and bear the same obligations as citizens of the USSR; 2) foreigners were treated as equal before the law, regardless of the origin, social and property status, race and nationality, sex, education, language, etc.; 3) certain special restrictions were allowed in respect of citizens of those states in respect of which there were restrictions; 4) the enjoyment of rights and freedoms by foreign citizens in the USSR shouldn�t have harmed the �interests of Soviet society�. At the same time, the formally guaranteed rights of foreigners were not always realized in practice due to the peculiarities of the political regime in the country.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"903 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123264985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
MISDEMEANOR: NEW CHALLENGES OF DEFINITION INTERPRETATION 轻罪:定义解释的新挑战
Pub Date : 2020-12-25 DOI: 10.32518/2617-4162-2020-4-49-56
Ivan Krasnytskyi, G. Yaremko
This article is dedicated to the issue of misdemeanor term content and the scope determination, and its differentiation from a crime. This issue arises from the use in the Criminal Code of Ukraine of the regulatory construction �the other punishment not related to the liberty deprivation� when defining the term of a misdemeanor. Such legislative definition can have double interpretation: either as other, more lenient than liberty deprivation for a particular period, types of punishment or as other types of punishment, but for those, that according to their content, also mean liberty deprivation (isolation from society) � imprisonment, confinement in disciplinary military unit, liberty deprivation for a particular period, or life sentence. Purpose. The purpose of this article is not to question language or technical and legislative means used for the formulation of the misdemeanor definition, but a significant law-application issue the solution of which will directly affect criminal-material and procedural consequences connected with reference of a criminal offense to the category of a misdemeanor or minor offense. Results. This article gives reasons why the regulatory construction �crimes not related to the liberty deprivation� should be interpreted as other types of punishment but for imprisonment, confinement in disciplinary military unit, liberty deprivation for a particular period, or life sentence. Another approach, which is to interpret the corresponding regulatory provision as any type of punishment different to liberty deprivation for a particular period or life sentence, is rather a forced one, but not well-grounded. Conclusion. There are enough of scientific and regulatory grounds for understanding of the used in part 2 article 12 of the CC of Ukraine definition �punishment not related to the liberty deprivation� as the corresponding list of punishment types listed in part 1 article 51 of the CC of Ukraine, but for the punishment in the way of imprisonment, confinement in disciplinary military unit, liberty deprivation for a particular period, or life sentence. Arguing that the corresponding definition should be interpreted as any type of punishment other than liberty deprivation for a particular period and life sentence is rather a forced position but not well-grounded.
本文就轻罪罪名的内容、范围的确定以及轻罪与犯罪的区别问题进行了探讨。这一问题是由于乌克兰《刑法》在定义轻罪一词时使用了“与剥夺自由无关的其他惩罚”这一管制性解释。这种立法定义可以有双重解释:要么作为其他,比在特定时期内剥夺自由更轻的惩罚类型,要么作为其他类型的惩罚,但对于那些根据其内容也意味着剥夺自由(与社会隔离)的惩罚类型——监禁、纪律严明的军事单位监禁、在特定时期内剥夺自由或无期徒刑。目的。本文的目的不是质疑为制定轻罪定义所使用的语言或技术和立法手段,而是一个重大的法律适用问题,该问题的解决将直接影响到与将刑事犯罪归入轻罪或轻罪类别有关的刑事物质和程序后果。结果。本文阐述了“与剥夺自由无关的犯罪”这一规制结构应解释为监禁、纪律部队监禁、特定时期剥夺自由或无期徒刑以外的其他刑罚的理由。另一种做法是将相应的监管规定解释为不同于在特定时期内剥夺自由或无期徒刑的任何一种惩罚,这是一种强制性的做法,但没有充分的根据。结论。有足够的科学和法规依据来理解乌克兰CC第2部分第12条所使用的定义“与剥夺自由无关的惩罚”作为乌克兰CC第51条第1部分所列出的惩罚类型的相应列表,而是以监禁,纪律军事单位监禁,特定时期剥夺自由或无期徒刑的方式进行的惩罚。认为相应的定义应解释为特定时期剥夺自由和无期徒刑以外的任何类型的惩罚,这是一种勉强的立场,但没有充分根据。
{"title":"MISDEMEANOR: NEW CHALLENGES OF DEFINITION INTERPRETATION","authors":"Ivan Krasnytskyi, G. Yaremko","doi":"10.32518/2617-4162-2020-4-49-56","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-49-56","url":null,"abstract":"This article is dedicated to the issue of misdemeanor term content and the scope determination, and its differentiation from a crime. This issue arises from the use in the Criminal Code of Ukraine of the regulatory construction �the other punishment not related to the liberty deprivation� when defining the term of a misdemeanor. Such legislative definition can have double interpretation: either as other, more lenient than liberty deprivation for a particular period, types of punishment or as other types of punishment, but for those, that according to their content, also mean liberty deprivation (isolation from society) � imprisonment, confinement in disciplinary military unit, liberty deprivation for a particular period, or life sentence. Purpose. The purpose of this article is not to question language or technical and legislative means used for the formulation of the misdemeanor definition, but a significant law-application issue the solution of which will directly affect criminal-material and procedural consequences connected with reference of a criminal offense to the category of a misdemeanor or minor offense. Results. This article gives reasons why the regulatory construction �crimes not related to the liberty deprivation� should be interpreted as other types of punishment but for imprisonment, confinement in disciplinary military unit, liberty deprivation for a particular period, or life sentence. Another approach, which is to interpret the corresponding regulatory provision as any type of punishment different to liberty deprivation for a particular period or life sentence, is rather a forced one, but not well-grounded. Conclusion. There are enough of scientific and regulatory grounds for understanding of the used in part 2 article 12 of the CC of Ukraine definition �punishment not related to the liberty deprivation� as the corresponding list of punishment types listed in part 1 article 51 of the CC of Ukraine, but for the punishment in the way of imprisonment, confinement in disciplinary military unit, liberty deprivation for a particular period, or life sentence. Arguing that the corresponding definition should be interpreted as any type of punishment other than liberty deprivation for a particular period and life sentence is rather a forced position but not well-grounded.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127705814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ISSUE OF THE IMPROVEMENT OF UKRAINIAN ADMINISTRATIVE LEGISLATURE 乌克兰行政立法的完善问题
Pub Date : 2020-12-25 DOI: 10.32518/2617-4162-2020-4-35-42
O. Moroz, V. Vysotskyi
Nowadays the economic crises causes new functions for the government branches and its institutions. Taking into consideration the situation the authority should boost the work of the system of government administration, that could enhance the capacity of executive branch of law, influence maintaining of different crucial changes of the state, mainly economical, more purposely and productively. The normative base requires improvement of the state prognostication and principles of the programs of social and economic evolvement. Qualitative and effective administration is impossible without reformation of administrative legislature, aimed at setting up constructive cooperation of the government with Supreme Council of Ukraine, separate deputies� factions (groups) and non-factinal people�s deputy. It should be mentioned that carrying out codification and systematization of administrative legislature of Ukraine could cause the improvement of legal forms and methods of public administration: �Public administration, by doctrine�s definition, is a type of state activity, that consists of maintaining impact on those spheres and branches of social life, the needs of functioning and development of which demand particular intervention of the state with the assistance of certain level. The essential of them are connected with the maintenance of the functions of the executive branch of power�. Research and analyze of the process of approximation of Ukrainian legislature to the legal system of EU gives the opportunity to reveal the problems, circumstances, that require the immediate solution and suggest approaches to the improvement effectiveness of the process. Adaptation of Ukrainian legislative to the EU legislature is taking place simultaneously with legal reform in Ukraine. The state should renew the legislature, according to international principles and standards, as none of mentioned principles and standards in its legal base hasn�t existed yet.
当前,经济危机给政府部门及其机构赋予了新的职能。考虑到这种情况,当局应该加强政府行政系统的工作,这可以增强执法部门的能力,影响维护国家的各种重大变化,主要是经济的,更有针对性和生产性。规范基础要求完善国家对社会经济发展规划的预测和原则。如果不改革行政立法,就不可能有高质量和有效的行政,改革的目的是建立政府与乌克兰最高委员会的建设性合作、独立的代表——派系(团体)和非派系的人民代表。应当指出的是,对乌克兰行政立法进行法典化和系统化可以改善公共行政的法律形式和方法:“公共行政,从理论上的定义来说,是一种国家活动,它包括对社会生活的领域和分支保持影响,这些领域和分支的运作和发展需要国家在一定程度上的协助下进行特别干预。”它们的本质与维持权力行政部门的职能有关。研究和分析乌克兰立法机构向欧盟法律体系靠拢的过程,可以揭示需要立即解决的问题和情况,并提出提高这一过程有效性的方法。乌克兰立法机构对欧盟立法机构的调整与乌克兰的法律改革同时进行。国家应该根据国际原则和标准更新立法机构,因为上述原则和标准在其法律基础上都不存在。
{"title":"ISSUE OF THE IMPROVEMENT OF UKRAINIAN ADMINISTRATIVE LEGISLATURE","authors":"O. Moroz, V. Vysotskyi","doi":"10.32518/2617-4162-2020-4-35-42","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-35-42","url":null,"abstract":"Nowadays the economic crises causes new functions for the government branches and its institutions. Taking into consideration the situation the authority should boost the work of the system of government administration, that could enhance the capacity of executive branch of law, influence maintaining of different crucial changes of the state, mainly economical, more purposely and productively. The normative base requires improvement of the state prognostication and principles of the programs of social and economic evolvement. Qualitative and effective administration is impossible without reformation of administrative legislature, aimed at setting up constructive cooperation of the government with Supreme Council of Ukraine, separate deputies� factions (groups) and non-factinal people�s deputy. It should be mentioned that carrying out codification and systematization of administrative legislature of Ukraine could cause the improvement of legal forms and methods of public administration: �Public administration, by doctrine�s definition, is a type of state activity, that consists of maintaining impact on those spheres and branches of social life, the needs of functioning and development of which demand particular intervention of the state with the assistance of certain level. The essential of them are connected with the maintenance of the functions of the executive branch of power�. Research and analyze of the process of approximation of Ukrainian legislature to the legal system of EU gives the opportunity to reveal the problems, circumstances, that require the immediate solution and suggest approaches to the improvement effectiveness of the process. Adaptation of Ukrainian legislative to the EU legislature is taking place simultaneously with legal reform in Ukraine. The state should renew the legislature, according to international principles and standards, as none of mentioned principles and standards in its legal base hasn�t existed yet.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131082794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ADMINISTRATIVE MEASURES FOR PREVENTION OF CORRUPTION IN THE BODIES OF THE NATIONAL POLICE 防止国家警察机构腐败的行政措施
Pub Date : 2020-12-25 DOI: 10.32518/2617-4162-2020-4-87-93
Marian Hurkovskyi
The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.
调查了防止国家警察系统腐败的行政措施。对现代科学思想背景下的“法律措施”范畴进行了理论思考。分析了防止国家警察腐败的规范和法律框架。在分析过程中,有必要发展预防腐败的行政措施制度,作为在这一领域的国际文书中预防腐败制度中最广泛使用的法律手段。揭示了法律禁止与法律激励在行政措施制度中的重要意义。防止国家警察机构腐败的行政措施形成了一种法律制度,它与公共服务的一般行政和法律制度有特殊的关系,可以被定性为防止国家警察腐败的一种普通的、永久的、主要是禁止性的行政和法律制度。预防腐败的行政和法律制度的特殊性在于制定了针对所有公职人员的一般规定和专门针对警察的特别规则。行政和法律制度的有效性取决于反腐败标准的若干因素。确定了在国家警察机关、部门和单位预防腐败的行政措施中反腐败标准的重要性,以及根据单位的具体情况制定这些标准的必要性。制定了改进防止国家警察腐败的行政措施的概念性任务。
{"title":"ADMINISTRATIVE MEASURES FOR PREVENTION OF CORRUPTION IN THE BODIES OF THE NATIONAL POLICE","authors":"Marian Hurkovskyi","doi":"10.32518/2617-4162-2020-4-87-93","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-87-93","url":null,"abstract":"The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126445989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
SOCIAL AND PSYCHOLOGICAL FACTORS OF PROFESSIONAL BURNOUT OF THE PERSONNEL OF STATE EMERGENCY SERVICE OF UKRAINE 乌克兰国家应急服务人员职业倦怠的社会和心理因素
Pub Date : 2020-04-10 DOI: 10.32518/2617-4162-2020-2-178-185
H. Fedoryshyn, Nataliia Kytsmen
. The personnel of State Emergency Service (SES) of Ukraine work under severe conditions of increased responsibility, high mental and physical overload while communicating with colleagues, management, and the affected population in the emergency area. Therefore, an important task of psychological science is to study and develop tools for preventing the professional burnout of SES personnel, which, in turn, will help to solve such an urgent issue of contemporary practice as labor turnover in this professional sphere. The aim of this paper is to analyze social and psychological factors of professional burnout of the SES of Ukraine personnel, give credibility to aspects and forms of work of the psychologist aimed at prevention of professional burnout of emergency response workers. Research methods: theoretical – scientific literature analysis and synthesis, research systematization and generalization; empirical – psychodiagnostic testing, questioning, qualitative analysis; mathematical methods of interpretation – percentage rating, scaling, correlation analysis. Empirical findings showed the low level of respondents’ depersonalization and burnout. 60% showed average reduction in personal achievements, 22.5% demonstrated high-level reduction. The above-mentioned is indicative of a possible aspect of preventive work – increasing the level of self-confidence, self-worth, helping to harmonize life spheres, finding personal meaning in professional activity, i.e. working with employees’ system of values. Findings of the research into personality traits demonstrate that not all respondents have such traits as self-control, sociability, emotional resilience, suggesting another vector of the psychologist’s work – developing social skills that relate to the sphere of emotional competence. Average data on accentuation of personality traits show that the majority of SES employees have a hypertensive type of accentuation, which is characteristic of employees of extreme jobs. In workers an adaptation strategy and not fully possess conflict resolution skills. the important task in the work of the psychologist develop flexibility, quickness of skills, The data show that respondents find neatness, altruism, cooperation, politeness, sensitivity, justice, honesty to be the most important personality traits of the emergency response worker. The data obtained aim the work of the psychologist the of personality traits that most. and psychological factors of professional burnout of emergency response workers helped to identify and substantiate the aspects in the work of the psychologist aimed at professional burnout prevention. The implementation of these aspects is most effective with the use of group forms of work.
. 乌克兰国家紧急服务局的工作人员在责任增加、精神和身体高度超负荷的严峻条件下工作,同时与同事、管理层和紧急地区的受影响人口进行沟通。因此,研究和开发预防社会服务人员职业倦怠的工具是心理科学的一项重要任务,从而有助于解决社会服务人员职业倦怠这一当代实践中迫切需要解决的问题。本文的目的是分析乌克兰SES人员职业倦怠的社会和心理因素,给出心理学家旨在预防应急工作者职业倦怠的工作方面和形式的可信度。研究方法:理论科学文献分析与综合,研究系统化与一般化;经验-心理诊断测试,质疑,定性分析;解释的数学方法。百分比评定、标度、相关分析。实证结果显示,被调查者人格解体和倦怠程度较低。60%的人表现为个人成就的平均下降,22.5%的人表现为高度下降。上述情况表明了预防性工作的一个可能方面- -提高自信和自我价值的水平,帮助协调生活领域,在专业活动中找到个人意义,即与雇员的价值体系合作。人格特质研究的结果表明,并非所有受访者都具有自控力、社交能力、情绪弹性等特质,这表明心理学家工作的另一个方向——发展与情绪能力领域相关的社交技能。人格特征加重的平均数据显示,大多数SES员工具有高血压型加重,这是极端工作员工的特征。工人有适应策略,没有完全掌握解决冲突的技能。数据显示,受访者认为整洁、利他、合作、礼貌、敏感、公正、诚实是应急工作者最重要的人格特质。获得的数据是针对心理学家工作中最具个性特征的。应急工作者职业倦怠的心理因素有助于识别和证实心理医生在预防职业倦怠方面的工作。这些方面的实现是最有效的使用小组形式的工作。
{"title":"SOCIAL AND PSYCHOLOGICAL FACTORS OF PROFESSIONAL BURNOUT OF THE PERSONNEL OF STATE EMERGENCY SERVICE OF UKRAINE","authors":"H. Fedoryshyn, Nataliia Kytsmen","doi":"10.32518/2617-4162-2020-2-178-185","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-2-178-185","url":null,"abstract":". The personnel of State Emergency Service (SES) of Ukraine work under severe conditions of increased responsibility, high mental and physical overload while communicating with colleagues, management, and the affected population in the emergency area. Therefore, an important task of psychological science is to study and develop tools for preventing the professional burnout of SES personnel, which, in turn, will help to solve such an urgent issue of contemporary practice as labor turnover in this professional sphere. The aim of this paper is to analyze social and psychological factors of professional burnout of the SES of Ukraine personnel, give credibility to aspects and forms of work of the psychologist aimed at prevention of professional burnout of emergency response workers. Research methods: theoretical – scientific literature analysis and synthesis, research systematization and generalization; empirical – psychodiagnostic testing, questioning, qualitative analysis; mathematical methods of interpretation – percentage rating, scaling, correlation analysis. Empirical findings showed the low level of respondents’ depersonalization and burnout. 60% showed average reduction in personal achievements, 22.5% demonstrated high-level reduction. The above-mentioned is indicative of a possible aspect of preventive work – increasing the level of self-confidence, self-worth, helping to harmonize life spheres, finding personal meaning in professional activity, i.e. working with employees’ system of values. Findings of the research into personality traits demonstrate that not all respondents have such traits as self-control, sociability, emotional resilience, suggesting another vector of the psychologist’s work – developing social skills that relate to the sphere of emotional competence. Average data on accentuation of personality traits show that the majority of SES employees have a hypertensive type of accentuation, which is characteristic of employees of extreme jobs. In workers an adaptation strategy and not fully possess conflict resolution skills. the important task in the work of the psychologist develop flexibility, quickness of skills, The data show that respondents find neatness, altruism, cooperation, politeness, sensitivity, justice, honesty to be the most important personality traits of the emergency response worker. The data obtained aim the work of the psychologist the of personality traits that most. and psychological factors of professional burnout of emergency response workers helped to identify and substantiate the aspects in the work of the psychologist aimed at professional burnout prevention. The implementation of these aspects is most effective with the use of group forms of work.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126010582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
THEORETICAL BASES OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE SYSTEMS FOR IDENTIFICATION IN THE CONTEXT OF THE ACTIVITIES OF EXECUTIVE AUTHORITIES 行政机关活动背景下人工智能识别系统法律规制的理论基础
Pub Date : 2020-04-10 DOI: 10.32518/2617-4162-2020-2-8-15
M. Kovaliv, S. Yesimov, S. Kravchuk
. At the present stage of social development, artificial intelligence as a technology is particularly in demand. In this regard, there is the problem of application of legal norms, including international law when deciding issues that concern the nature and technical characteristics of the use of artificial intelligence. The purpose of the article is to investigate some aspects of the existing legal regulation, theoretical and legal analysis of the development of the legal regulation of artificial intelligence systems; consideration of doctrinal approaches to understanding the place of artificial intelligence in legal relationships. General scientific methods are used: logical, systemic, general sociological and special scientific methods: normative-dogmatic, concretization and technical and legal analysis. Certain epistemological categories are considered. An approach that assumes the presence of a particular subject of concerning the use of artificial intelligence systems for the identification of a person are proposed, taking into account the specificity of application by the executive authorities.
. 在社会发展的现阶段,人工智能作为一种技术尤其受欢迎。在这方面,在决定涉及使用人工智能的性质和技术特征的问题时,存在适用法律规范,包括国际法的问题。本文的目的是对现有法律规制的一些方面进行考察,从理论和法律上分析人工智能系统发展的法律规制;对理解人工智能在法律关系中的地位的理论方法的考虑。一般科学方法:逻辑方法、系统方法、一般社会学方法和特殊科学方法:规范-教条方法、具体化方法、技术和法律分析方法。考虑了某些认识论范畴。考虑到行政当局应用的特殊性,建议采用一种假设存在关于使用人工智能系统识别个人的特定主题的方法。
{"title":"THEORETICAL BASES OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE SYSTEMS FOR IDENTIFICATION IN THE CONTEXT OF THE ACTIVITIES OF EXECUTIVE AUTHORITIES","authors":"M. Kovaliv, S. Yesimov, S. Kravchuk","doi":"10.32518/2617-4162-2020-2-8-15","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-2-8-15","url":null,"abstract":". At the present stage of social development, artificial intelligence as a technology is particularly in demand. In this regard, there is the problem of application of legal norms, including international law when deciding issues that concern the nature and technical characteristics of the use of artificial intelligence. The purpose of the article is to investigate some aspects of the existing legal regulation, theoretical and legal analysis of the development of the legal regulation of artificial intelligence systems; consideration of doctrinal approaches to understanding the place of artificial intelligence in legal relationships. General scientific methods are used: logical, systemic, general sociological and special scientific methods: normative-dogmatic, concretization and technical and legal analysis. Certain epistemological categories are considered. An approach that assumes the presence of a particular subject of concerning the use of artificial intelligence systems for the identification of a person are proposed, taking into account the specificity of application by the executive authorities.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127403445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
HISTORICAL AND LEGAL RESEARCH OUN-UPA OPPOSITION TO SOVIET PUNISHMENT BODIES IN THE POSTWAR PERIOD 历史和法律研究对战后苏联刑罚机构的反对
Pub Date : 2020-04-10 DOI: 10.32518/2617-4162-2020-2-44-50
Petro Lepisevych, V. Makarchuk
{"title":"HISTORICAL AND LEGAL RESEARCH OUN-UPA OPPOSITION TO SOVIET PUNISHMENT BODIES IN THE POSTWAR PERIOD","authors":"Petro Lepisevych, V. Makarchuk","doi":"10.32518/2617-4162-2020-2-44-50","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-2-44-50","url":null,"abstract":"","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121186396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
DETERMINATION OF TERRORISTIC ACTIVITY: CRIMINOLOGICAL ASPECT 恐怖主义活动的判定:犯罪学方面
Pub Date : 2020-04-10 DOI: 10.32518/2617-4162-2020-2-112-117
N. Ustrytska, O. Tarasenko
{"title":"DETERMINATION OF TERRORISTIC ACTIVITY: CRIMINOLOGICAL ASPECT","authors":"N. Ustrytska, O. Tarasenko","doi":"10.32518/2617-4162-2020-2-112-117","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-2-112-117","url":null,"abstract":"","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"16 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120989956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
Social Legal Studios
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1