The article analyzes the doctrinal definitions of "law formation" available in modern scientific discourse and outlines the characteristic features of this phenomenon. Based on the generalization of various approaches to the definition of "law-making", the following characteristics are defined: 1) it is used in various aspects; 2) duration of legal formation; 3) contains both objective and subjective factors; 4) legal norms are formed as a result of law formation. Since law formation is a long process, it can be divided into certain stages. Law formation involves three stages: 1) epistemological – reflects the process of emergence and formation of law in the form of legal awareness; 2) material - law is formed as a result of the implementation of subjective rights and legal obligations, which are transformed into specific legal relations; 3) institutional - law appears in the form of legal norms that collectively form a system. It is concluded that law-making as a phenomenon, a separate legal phenomenon is characterized by special independent conceptual aspects. This is primarily explained by the fact that: firstly, law-making has a specific definition that can ensure its unified standardized understanding and further application in scientific research; secondly, the definition of law-making will outline it as a separate independent phenomenon of legal reality, will indicate the special features of law-making and ensure its clear separation from related legal phenomena; thirdly, the conceptual aspects of legal formation will be able to ensure the integrity and systematicity of theoretical and legal knowledge.
{"title":"Modern theoretical and legal discourse regarding the definition of \"law-making\"","authors":"Olha Kapitan, Khristyna Didukh","doi":"10.23939/law2023.37.077","DOIUrl":"https://doi.org/10.23939/law2023.37.077","url":null,"abstract":"The article analyzes the doctrinal definitions of \"law formation\" available in modern scientific discourse and outlines the characteristic features of this phenomenon. Based on the generalization of various approaches to the definition of \"law-making\", the following characteristics are defined: 1) it is used in various aspects; 2) duration of legal formation; 3) contains both objective and subjective factors; 4) legal norms are formed as a result of law formation. Since law formation is a long process, it can be divided into certain stages. Law formation involves three stages: 1) epistemological – reflects the process of emergence and formation of law in the form of legal awareness; 2) material - law is formed as a result of the implementation of subjective rights and legal obligations, which are transformed into specific legal relations; 3) institutional - law appears in the form of legal norms that collectively form a system. It is concluded that law-making as a phenomenon, a separate legal phenomenon is characterized by special independent conceptual aspects. This is primarily explained by the fact that: firstly, law-making has a specific definition that can ensure its unified standardized understanding and further application in scientific research; secondly, the definition of law-making will outline it as a separate independent phenomenon of legal reality, will indicate the special features of law-making and ensure its clear separation from related legal phenomena; thirdly, the conceptual aspects of legal formation will be able to ensure the integrity and systematicity of theoretical and legal knowledge.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131499257","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}
The article is dedicated to a comprehensive study of theoretical and practical issues of administrative and legal regulation of Intellectual Property (IP) as the main element of innovative activity. A particular research has been conducted into the scientific background of administrative and legal regulation of intellectual property. The role definition of intellectual property in the innovative development of the state economy and Ukrainian society is highlighted. The mode of formation, i.e. genesis of administrative and legal regulation of intellectual property is outlined as well as expansion of legislation in this particular sphere is analyzed. The administrative and legal aspects of regulating the activities of intellectual property protection entities are specified. The research denotes some growing tendencies of intellectual property law and a number of directions in its further progress which is expressed in globalization of the law and in transition from protection of material property rights to information protection. It is stated in the article that existing intellectual property model or paradigm as well as administrative and legal regulation establishment do not reflect the characteristic, concrete public relations in a modern information society. The priority of the principle of full control of the right holder over the use of the object of intellectual rights leads to the fact that the development of legislation in the field of intellectual property is carried out in the form of strengthening the protection of intellectual rights, i.e. without adapting to the needs of the information society and innovative activity. It is emphasized that formation of conceptually unified single legal space for administrative and legal regulation of intellectual property directly determines efficiency of the process of an innovative development itself. Compliance to conceptually unified approach at developing strategy will definitely determine the outcome.
{"title":"Characteristics of administrative and legal regulation of intellectual property : genesis of development","authors":"M. Malets","doi":"10.23939/law2023.37.166","DOIUrl":"https://doi.org/10.23939/law2023.37.166","url":null,"abstract":"The article is dedicated to a comprehensive study of theoretical and practical issues of administrative and legal regulation of Intellectual Property (IP) as the main element of innovative activity. A particular research has been conducted into the scientific background of administrative and legal regulation of intellectual property. The role definition of intellectual property in the innovative development of the state economy and Ukrainian society is highlighted. The mode of formation, i.e. genesis of administrative and legal regulation of intellectual property is outlined as well as expansion of legislation in this particular sphere is analyzed. The administrative and legal aspects of regulating the activities of intellectual property protection entities are specified. The research denotes some growing tendencies of intellectual property law and a number of directions in its further progress which is expressed in globalization of the law and in transition from protection of material property rights to information protection. It is stated in the article that existing intellectual property model or paradigm as well as administrative and legal regulation establishment do not reflect the characteristic, concrete public relations in a modern information society. The priority of the principle of full control of the right holder over the use of the object of intellectual rights leads to the fact that the development of legislation in the field of intellectual property is carried out in the form of strengthening the protection of intellectual rights, i.e. without adapting to the needs of the information society and innovative activity. It is emphasized that formation of conceptually unified single legal space for administrative and legal regulation of intellectual property directly determines efficiency of the process of an innovative development itself. Compliance to conceptually unified approach at developing strategy will definitely determine the outcome.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133495420","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}
The article is devoted to the analysis of the role of religious organizations in modern society in the context of information and globalization changes of modern times and their impact on social and legal reality. It is proved that the role of religious organizations is transformed in the era of globalized society and information and technological progress. Scientific doctrine does not contain the unity of such variations. The first group of scientists points out that the role of religious norms in modern legal regulation increasingly gives preference to the newest approaches and law plays a dominant role here. The second group has the opposite opinion - religion as a primordial human axiological value has answers to all life situations, including the latest global-technical transformations. It has been established that updated approaches are needed for legal science as well, since it cannot bypass the problems of globalization changes that exist in legal and state phenomena. It is characteristic that now world development does not have a clear vector, science must establish the optimal possible direction and warn against negative factors caused by globalization. The role of state administration and public activism in the context of religious freedom have a special intertwining and are manifested in the activities of religious organizations. The following changes in the essence of the role of religious organizations in modern legal reality are motivated: taking into account the diversity of religious views of social groups; reducing the role of religious ideology and religious leadership opinions as a factor in forming the political position of a member of a religious organization; the spread of religious extremism, which is mostly caused by migration factors. At the same time, it is necessary to continue to identify, evaluate and forecast risks, external and internal influences in order to protect this harmonious relationship through progressive legal provisions.
{"title":"The role of religious organizations in modern socio-legal relations","authors":"Iryna Zharovska","doi":"10.23939/law2023.37.065","DOIUrl":"https://doi.org/10.23939/law2023.37.065","url":null,"abstract":"The article is devoted to the analysis of the role of religious organizations in modern society in the context of information and globalization changes of modern times and their impact on social and legal reality. It is proved that the role of religious organizations is transformed in the era of globalized society and information and technological progress. Scientific doctrine does not contain the unity of such variations. The first group of scientists points out that the role of religious norms in modern legal regulation increasingly gives preference to the newest approaches and law plays a dominant role here. The second group has the opposite opinion - religion as a primordial human axiological value has answers to all life situations, including the latest global-technical transformations. It has been established that updated approaches are needed for legal science as well, since it cannot bypass the problems of globalization changes that exist in legal and state phenomena. It is characteristic that now world development does not have a clear vector, science must establish the optimal possible direction and warn against negative factors caused by globalization. The role of state administration and public activism in the context of religious freedom have a special intertwining and are manifested in the activities of religious organizations. The following changes in the essence of the role of religious organizations in modern legal reality are motivated: taking into account the diversity of religious views of social groups; reducing the role of religious ideology and religious leadership opinions as a factor in forming the political position of a member of a religious organization; the spread of religious extremism, which is mostly caused by migration factors. At the same time, it is necessary to continue to identify, evaluate and forecast risks, external and internal influences in order to protect this harmonious relationship through progressive legal provisions.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"19 15-16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116701577","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}
XX century was marked by large population migrations – in the world in general, in Europe, which survived two world wars, and in Ukraine in particular. Unfortunately, these migration processes were accompanied by a large number of refugees. Significant groups of the population have been leaving their usual places of residence semi-voluntarily, as a result of optation. It is obvious that in most cases these movements of thousands of masses of the population did not happen without the interference of state institutions with the appropriate regulatory and legal basis – both of international legal and domestic origin. The paper studies the migration processes in Ukraine, primarily during the two World Wars. Both international legal documents which regulated the choice of citizenship (Soviet-German agreements of 1939–1940, agreements with the post-war Polish and Czechoslovak governments, etc.), as well as legislative provisions which regulated migration at the «internal» level, were considered. The article notes that in certain cases migrations of the population were not regulated by relevant interstate agreements, which left large enclaves of Romanian (Hertsa district in Bukovyna) and Hungarian (Berehove district and other lands of Zakarpattia) within modern Ukraine. The latter circumstance in some way complicates relations between our state and Hungary, which is governed by the great-power government of Viktor Orban. The author expresses the view that the historical experience of the XX century is mechanically inapplicable to modern conditions, but certain aspects can be considered by domestic legislators when settling the consequences of the Russian aggression of 2014–202? against sovereign Ukraine.
{"title":"Legal regulation of the solutions to refugees’ issues and population exchange in Ukraine of the xx century: historical retrospective and modern vision","authors":"Volodymyr Makarchuk","doi":"10.23939/law2023.37.021","DOIUrl":"https://doi.org/10.23939/law2023.37.021","url":null,"abstract":"XX century was marked by large population migrations – in the world in general, in Europe, which survived two world wars, and in Ukraine in particular. Unfortunately, these migration processes were accompanied by a large number of refugees. Significant groups of the population have been leaving their usual places of residence semi-voluntarily, as a result of optation. It is obvious that in most cases these movements of thousands of masses of the population did not happen without the interference of state institutions with the appropriate regulatory and legal basis – both of international legal and domestic origin. The paper studies the migration processes in Ukraine, primarily during the two World Wars. Both international legal documents which regulated the choice of citizenship (Soviet-German agreements of 1939–1940, agreements with the post-war Polish and Czechoslovak governments, etc.), as well as legislative provisions which regulated migration at the «internal» level, were considered. The article notes that in certain cases migrations of the population were not regulated by relevant interstate agreements, which left large enclaves of Romanian (Hertsa district in Bukovyna) and Hungarian (Berehove district and other lands of Zakarpattia) within modern Ukraine. The latter circumstance in some way complicates relations between our state and Hungary, which is governed by the great-power government of Viktor Orban. The author expresses the view that the historical experience of the XX century is mechanically inapplicable to modern conditions, but certain aspects can be considered by domestic legislators when settling the consequences of the Russian aggression of 2014–202? against sovereign Ukraine.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132224679","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}
Based on theoretical and legal analysis, the article summarizes the peculiarities of police activity as a component of the security and defence sector during the period of russian aggression. It has been proved that despite the full-scale undeclared criminal invasion, the Armed Forces of Ukraine, with the strong financial and military support of Western partners, are victoriously overcoming the resistance of the russian occupiers and are carrying out a systematic counter-offensive against the "world's second victorious russian army", and at the same time, heroically destroying the enemy's military equipment and manpower on a daily basis, far-sightedly take strategic decisions on reforming the activities of public authorities, and especially of the security and defence sector. It has been determined that the formation and improvement of the security and defence sector of Ukraine has always been relevant, both in peacetime and in the current period of the russian invasion. At the same time, the doctrinal provisions on their legal status and its improvement in wartime remain insufficiently developed and require theoretical and practical in-depth research. The miscalculations, made in the organization of defence industry procurement, headed by the Ukroboronprom Defence Industrial Concern, have been outlined. However, since the beginning of February 2022, the state has adopted a number of legislative changes aimed at improving the Armed Forces of Ukraine current model, law enforcement agencies and the military-industrial complex, and bringing them in line with NATO and European Union standards. The state of the police as a security and defence sector entity during martial law proves that Ukrainian law enforcement officers, together with the Armed Forces of Ukraine, are boldly repelling the criminal russian attack, protecting the lives and health of the Ukrainian population, defending the territorial integrity and independence of Ukraine. It has been stated that one of the important factors in optimizing the activities of the police during the war is the concern of the state authorities for improving their social protection. It has been noted that the police, in addition to performing own duties during martial law aimed at identifying and prosecuting criminals, searching for missing persons, and taking preventive measures to protect public order and security, carry out activities, related to the clearance of enemy mines by the National Police sappers, and the destruction of unexploded ordnance at the risk of life and health. According to statistics, about 50 specialists in pyrotechnics were killed, and more than 100 were injured during humanitarian demining. It has been stated that at the initiative of the Ministry of Internal Affairs, 8 assault brigades are currently being formed on the basis of the National Police, the State Border Guard Service and the National Guard: "Stalevy Kordon", "Chervona Kalyna", "Lyut’", "Rubizh", "Spartan", "Kara-Dag", "Bu
{"title":"National police as a component of the security and defence sector in countering russian aggression in Ukraine","authors":"Leontii Chystokletov","doi":"10.23939/law2023.37.208","DOIUrl":"https://doi.org/10.23939/law2023.37.208","url":null,"abstract":"Based on theoretical and legal analysis, the article summarizes the peculiarities of police activity as a component of the security and defence sector during the period of russian aggression. It has been proved that despite the full-scale undeclared criminal invasion, the Armed Forces of Ukraine, with the strong financial and military support of Western partners, are victoriously overcoming the resistance of the russian occupiers and are carrying out a systematic counter-offensive against the \"world's second victorious russian army\", and at the same time, heroically destroying the enemy's military equipment and manpower on a daily basis, far-sightedly take strategic decisions on reforming the activities of public authorities, and especially of the security and defence sector. It has been determined that the formation and improvement of the security and defence sector of Ukraine has always been relevant, both in peacetime and in the current period of the russian invasion. At the same time, the doctrinal provisions on their legal status and its improvement in wartime remain insufficiently developed and require theoretical and practical in-depth research. The miscalculations, made in the organization of defence industry procurement, headed by the Ukroboronprom Defence Industrial Concern, have been outlined. However, since the beginning of February 2022, the state has adopted a number of legislative changes aimed at improving the Armed Forces of Ukraine current model, law enforcement agencies and the military-industrial complex, and bringing them in line with NATO and European Union standards. The state of the police as a security and defence sector entity during martial law proves that Ukrainian law enforcement officers, together with the Armed Forces of Ukraine, are boldly repelling the criminal russian attack, protecting the lives and health of the Ukrainian population, defending the territorial integrity and independence of Ukraine. It has been stated that one of the important factors in optimizing the activities of the police during the war is the concern of the state authorities for improving their social protection. It has been noted that the police, in addition to performing own duties during martial law aimed at identifying and prosecuting criminals, searching for missing persons, and taking preventive measures to protect public order and security, carry out activities, related to the clearance of enemy mines by the National Police sappers, and the destruction of unexploded ordnance at the risk of life and health. According to statistics, about 50 specialists in pyrotechnics were killed, and more than 100 were injured during humanitarian demining. It has been stated that at the initiative of the Ministry of Internal Affairs, 8 assault brigades are currently being formed on the basis of the National Police, the State Border Guard Service and the National Guard: \"Stalevy Kordon\", \"Chervona Kalyna\", \"Lyut’\", \"Rubizh\", \"Spartan\", \"Kara-Dag\", \"Bu","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"375 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134063930","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}
The article outlines meaningful priorities that reveal the essence of identity, in particular, individual and social constants of identity are highlighted by means of philosophical and legal modeling of their interaction. It has been proven that the concept of identity has the potential of one of the most powerful concepts in today's globalized society. The phenomenon of identity is a unique prism through which the main spheres of human existence are understood, analyzed and interpreted. The actualization of identity as a social problem can be traced at all levels: household, state, political, religious, gender, etc. The author found out that the concept of identity is neither an obvious nor a homogeneous construct, which has an undeniable meaning and value in various socio-cultural contexts. The constant and multifaceted interest in the phenomenon of identity gives reason to assert the incompleteness and openness of the discourse on identity as a category of philosophical and legal science. Therefore, today there is an urgent need to determine the prospects of further research in this direction, primarily through the study of two aspects: first, the methods of defining and evaluating the phenomenon of identity in small and large social groups in the conditions of a growing level of legal and social polarization and mistrust of various social institutions (state, legal, social) and the implementation of socially important decisions, that is, the transfer of rhetoric about identity from the individual-psychological level to the social-cultural and national level; secondly, the development of approaches to distinguishing "real" identity, its authentic dimension from "situational" identities in the conditions of opportunism of atomized societies, an example of which is currently Ukraine.
{"title":"Individual and social constants of identity: philosophical and legal modeling of their interaction","authors":"V. Davydiuk","doi":"10.23939/law2023.37.059","DOIUrl":"https://doi.org/10.23939/law2023.37.059","url":null,"abstract":"The article outlines meaningful priorities that reveal the essence of identity, in particular, individual and social constants of identity are highlighted by means of philosophical and legal modeling of their interaction. It has been proven that the concept of identity has the potential of one of the most powerful concepts in today's globalized society. The phenomenon of identity is a unique prism through which the main spheres of human existence are understood, analyzed and interpreted. The actualization of identity as a social problem can be traced at all levels: household, state, political, religious, gender, etc. The author found out that the concept of identity is neither an obvious nor a homogeneous construct, which has an undeniable meaning and value in various socio-cultural contexts. The constant and multifaceted interest in the phenomenon of identity gives reason to assert the incompleteness and openness of the discourse on identity as a category of philosophical and legal science. Therefore, today there is an urgent need to determine the prospects of further research in this direction, primarily through the study of two aspects: first, the methods of defining and evaluating the phenomenon of identity in small and large social groups in the conditions of a growing level of legal and social polarization and mistrust of various social institutions (state, legal, social) and the implementation of socially important decisions, that is, the transfer of rhetoric about identity from the individual-psychological level to the social-cultural and national level; secondly, the development of approaches to distinguishing \"real\" identity, its authentic dimension from \"situational\" identities in the conditions of opportunism of atomized societies, an example of which is currently Ukraine.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126128553","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}
The research paper examines and carries out atheoretical generalization of the scientific importance of various historical and legal views on the concepts and features of the administrative-legal and coordination function of the state based on the analysis of achievements in the legal doctrine of administrative law. The problematic aspects of historical-legal and administrative-legal provisions of the coordination between the entities of the corruptioncounteraction are analyzed in the article. It is noted that the history of the corruption emergence and attempts to combat this phenomenon is inextricably linked with the history of civilizations and the emergence of the state, thus, the history of attempts to counteract corruption at the state level is at least four and a half thousand years old. It is worth emphasizing that even before the beginning of our era, in the most developed states attempts were made to form, if not a full-fledged anti-corruption mechanism, then at least a system of punishments for corruption offenses. Over the past millennia, dozens of approaches to solving the problem of corruption have changed. However, corruption is a widespread notion in every country of the world nowadays, and the issue of effective countermeasures remains relevant. It becomes obvious that the coordination role of the state in corruption counteraction is not an exclusively theoretical category that is implemented in specific administrative and legal forms under which subjects exercise their state-authority powers. In addition, coordination should replace state influence in the areas whichpreviously were characterized by direct management relations between subordinate entities - state administration authorities and all other managed subjects, in particular economic entities. At the same time, taking into account historical analysis of the research, the importance of state interests occurs both in the case of fully legally equal subjects, and in relationships where such equality is conditional and exists in individual specific relationships. The coordination role of the state is a special function of the state, which is manifested, firstly, in the activity of the state apparatus, and secondly, in the regulation of social relations using the appropriate management method.
{"title":"Historical and legal analysis of the administrative nature of the state coordination function in corruption counteraction","authors":"H. Lukianova","doi":"10.23939/law2023.37.158","DOIUrl":"https://doi.org/10.23939/law2023.37.158","url":null,"abstract":"The research paper examines and carries out atheoretical generalization of the scientific importance of various historical and legal views on the concepts and features of the administrative-legal and coordination function of the state based on the analysis of achievements in the legal doctrine of administrative law. The problematic aspects of historical-legal and administrative-legal provisions of the coordination between the entities of the corruptioncounteraction are analyzed in the article. It is noted that the history of the corruption emergence and attempts to combat this phenomenon is inextricably linked with the history of civilizations and the emergence of the state, thus, the history of attempts to counteract corruption at the state level is at least four and a half thousand years old. It is worth emphasizing that even before the beginning of our era, in the most developed states attempts were made to form, if not a full-fledged anti-corruption mechanism, then at least a system of punishments for corruption offenses. Over the past millennia, dozens of approaches to solving the problem of corruption have changed. However, corruption is a widespread notion in every country of the world nowadays, and the issue of effective countermeasures remains relevant. It becomes obvious that the coordination role of the state in corruption counteraction is not an exclusively theoretical category that is implemented in specific administrative and legal forms under which subjects exercise their state-authority powers. In addition, coordination should replace state influence in the areas whichpreviously were characterized by direct management relations between subordinate entities - state administration authorities and all other managed subjects, in particular economic entities. At the same time, taking into account historical analysis of the research, the importance of state interests occurs both in the case of fully legally equal subjects, and in relationships where such equality is conditional and exists in individual specific relationships. The coordination role of the state is a special function of the state, which is manifested, firstly, in the activity of the state apparatus, and secondly, in the regulation of social relations using the appropriate management method.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127421072","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}
{"title":"Reformation of canon law during the european middle ages (XI-XIII centuries): historical and legal analysis","authors":"D. Zabzaliuk","doi":"10.23939/law2023.37.008","DOIUrl":"https://doi.org/10.23939/law2023.37.008","url":null,"abstract":"","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122657199","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}
The article conceptualizes the essence of aggression as a philosophical and legal phenomenon and reveals the specifics of the terminological interaction "aggression-aggressiveness". The distinction between the concepts of "aggression" and "aggressiveness" indicates that, on the one hand, not all aggressive actions of the subject are actually based on the aggressiveness of the person as a trait, on the other hand, the aggressiveness of a person does not always manifest itself in clearly aggressive actions. Manifestation or non-manifestation of aggressiveness as a personal trait in certain acts of behavior is always the result of a complex interaction of transsituational and situational factors. It turns out that aggression is organically connected with violence and is its natural basis, just as for human society - social matter, the basis is the natural environment, in particular, living matter, in which aggression is a mandatory attribute, but aggression as a phenomenon is not identical to violence, as living matter and social matter are not identical. It is noted that there are many scientific definitions for the category of "aggression", however, researchers often confuse the concepts of "aggression" and "aggressiveness" (that is, a form of behavior and a personal trait), others are too narrow and do not cover all types and forms of aggressive behavior ( direct and indirect aggression, physical and verbal, active and passive, hostile and instrumental, rational and affective, direct and displaced, constructive and destructive, proactive and reactive, socialized and antisocial, etc.), the third, on the contrary, are too broad and include such actions , which are mostly not considered as aggression. It is concluded that aggression is actions that cause damage or lead to the destruction of animate or inanimate object; direct or indirect use of armed force, attack. Aggressiveness is a relatively stable personality trait, the subject's readiness for aggressive behavior.
{"title":"The terminological interaction «aggression-aggressiveness» in the philosophical and legal discourse","authors":"Khrystyna Maksym","doi":"10.23939/law2023.37.100","DOIUrl":"https://doi.org/10.23939/law2023.37.100","url":null,"abstract":"The article conceptualizes the essence of aggression as a philosophical and legal phenomenon and reveals the specifics of the terminological interaction \"aggression-aggressiveness\". The distinction between the concepts of \"aggression\" and \"aggressiveness\" indicates that, on the one hand, not all aggressive actions of the subject are actually based on the aggressiveness of the person as a trait, on the other hand, the aggressiveness of a person does not always manifest itself in clearly aggressive actions. Manifestation or non-manifestation of aggressiveness as a personal trait in certain acts of behavior is always the result of a complex interaction of transsituational and situational factors. It turns out that aggression is organically connected with violence and is its natural basis, just as for human society - social matter, the basis is the natural environment, in particular, living matter, in which aggression is a mandatory attribute, but aggression as a phenomenon is not identical to violence, as living matter and social matter are not identical. It is noted that there are many scientific definitions for the category of \"aggression\", however, researchers often confuse the concepts of \"aggression\" and \"aggressiveness\" (that is, a form of behavior and a personal trait), others are too narrow and do not cover all types and forms of aggressive behavior ( direct and indirect aggression, physical and verbal, active and passive, hostile and instrumental, rational and affective, direct and displaced, constructive and destructive, proactive and reactive, socialized and antisocial, etc.), the third, on the contrary, are too broad and include such actions , which are mostly not considered as aggression. It is concluded that aggression is actions that cause damage or lead to the destruction of animate or inanimate object; direct or indirect use of armed force, attack. Aggressiveness is a relatively stable personality trait, the subject's readiness for aggressive behavior.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122602450","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}
The research is devoted to the study of the European experience of hearing and resolving electoral disputes in the administrative justice system. The availability of a national system of effective consideration of disputes concerning legal relations related to the election or referendum process is one of the basic guarantees of free and fair elections. Ukraine is a state that is integrating into the European legal space, thus the European system of standards is of key importance. It is pointed out that the electoral law of most European countries provides for two ways of hearing electoral disputes: administrative and judicial. The administrative method of electoral dispute resolution provides for the possibility of itsconsideration by various bodies, depending on the elections concerning which dispute arises (parliamentary, provincial, municipal). The judicial procedure for consideration of electoral disputes in foreign countries also has a number of peculiarities. The author describes the experience of such countries as Sweden, Norway, Denmark, Finland, Germany, and France. The advantages and disadvantages of administrative and judicial methods of electoral dispute resolution in European countries are analyzed. It is pointed out that despite the positions according to which preference is given to election commissions consisting of highly qualified specialists, the current state of affairs in Ukraine does not allow to remove election disputes from the jurisdiction of administrative courts. This requires that election commissions be composed of independent, impartial, professional members, and the practice of conducting elections in Ukraine shows quite opposite situation. Nevertheless, in general, the procedural legislation of Ukraine regulating the procedure and terms for appealing electoral violations and consideration of cases of this category by administrative courts in most aspects complies with established European standards.
{"title":"European experience in hearing and resolving electoral disputes in administrative justice","authors":"Olha Skochylias-Pavliv","doi":"10.23939/law2023.37.188","DOIUrl":"https://doi.org/10.23939/law2023.37.188","url":null,"abstract":"The research is devoted to the study of the European experience of hearing and resolving electoral disputes in the administrative justice system. The availability of a national system of effective consideration of disputes concerning legal relations related to the election or referendum process is one of the basic guarantees of free and fair elections. Ukraine is a state that is integrating into the European legal space, thus the European system of standards is of key importance. It is pointed out that the electoral law of most European countries provides for two ways of hearing electoral disputes: administrative and judicial. The administrative method of electoral dispute resolution provides for the possibility of itsconsideration by various bodies, depending on the elections concerning which dispute arises (parliamentary, provincial, municipal). The judicial procedure for consideration of electoral disputes in foreign countries also has a number of peculiarities. The author describes the experience of such countries as Sweden, Norway, Denmark, Finland, Germany, and France. The advantages and disadvantages of administrative and judicial methods of electoral dispute resolution in European countries are analyzed. It is pointed out that despite the positions according to which preference is given to election commissions consisting of highly qualified specialists, the current state of affairs in Ukraine does not allow to remove election disputes from the jurisdiction of administrative courts. This requires that election commissions be composed of independent, impartial, professional members, and the practice of conducting elections in Ukraine shows quite opposite situation. Nevertheless, in general, the procedural legislation of Ukraine regulating the procedure and terms for appealing electoral violations and consideration of cases of this category by administrative courts in most aspects complies with established European standards.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126252463","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}
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