Problems of Legality最新文献

{"title":"On the Question of the Concept, Essence and Types of Administrative Procedures of the State Registration of Civil Status Acts","authors":"Serhii Banakh","doi":"10.21564/2414-990x.163.292090","DOIUrl":"https://doi.org/10.21564/2414-990x.163.292090","url":null,"abstract":"The article is devoted to the consideration of issues related to the definition of the concept of administrative procedures of state registration of civil status acts and the main criteria for its division. The relevance of the topic is determined by the fact that the leading place in the system of providing administrative procedures belongs to the institute of state registration of acts of civil status, which is carried out by various subjects of public administration on the basis of the norms of administrative law. Increasing attention to the problem of defining, streamlining and proper legal regulation of various procedures is due to the complexity and diversity of management, regulatory and control activities of public authorities. The purpose of the article is to define the concept of administrative procedures for state registration of acts of civil status and to highlight the main criteria of their types. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, namely: the dialectical method, the logical-semantic, structural-functional method and the method of interpreting legal norms. Scientific positions on the interpretation of the essence of the concept of \"administrative procedure\" have been analyzed. On the basis of the conducted theoretical analysis, it was concluded that scientists are united by the thesis that the administrative procedure is directly related to the activity of public administration and is an established algorithm for the functioning of subjects of power (state authorities, local self-government bodies, their officials and officials, etc.). It is substantiated that the most convincing is the recognition of the administrative procedure as a complex normative regulator of the system of administrative-procedural norms, which determine the procedure for the implementation of certain types of actions by administrative bodies regarding the application of standardized administrative-legal measures as normatively fixed methods and techniques for the performance of state functions entrusted to these bodies . Attention is paid to the study of issues of classification of administrative procedures of state registration of acts of civil status according to separate criteria, distinguished by their own characteristics. On the basis of the conducted research, conclusions were formulated and recommendations were made for establishing at the legislative level the types of administrative procedures for state registration of civil status acts, grouped according to the relevant criteria.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"227 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139152676","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":"Administrative Procedure in the Field of Public Health","authors":"Oleksandr Zyma","doi":"10.21564/2414-990x.163.292605","DOIUrl":"https://doi.org/10.21564/2414-990x.163.292605","url":null,"abstract":"The relevance of the proposed study is due to the parallel significant update of medical legislation and the entry into force of the Law of Ukraine \"On Administrative Procedure\". The purpose of the proposed research is to assess the quality of legal regulation of certain administrative proceedings in the field of public health, which has undergone significant changes in the last months of 2023. The results of the study, on the one hand, will help to identify shortcomings and legal conflicts that have formed, and on the other hand, to develop and suggest ways to overcome some of them. The research methodology consists of the following methods of scientific cognition: dialectical, theoretical-prognostic, comparative-legal, system-structural, formal-logical, analysis, legal modeling, and others. In the course of the work, the importance of proper legal regulation and effective public administration in the field of public health is emphasized. The place of administrative bodies in the system has been establishedsubjects of relations in the field of public health. A classification of measures used by specialized administrative bodies in their activities has been proposed. The significance of administrative proceedings and administrative acts used in the process of public administration of public health is disclosed and the most significant among them are highlighted: control and supervision, on the application of termination measures, registration. The essence of each of these proceedings has been investigated and the shortcomings of their regulation have been identified, due to the inconsistency of the norms of the Laws of Ukraine \"On the Public Health System\" and \"On the Administrative Procedure\". Significant shortcomings in the legal regulation of administrative proceedings  on the application of temporary measures to stop violations of the requirements of sanitary legislation are noted and possible problems in its application are indicated. Attention is also focused on the shortcomings of the terminology used in the Law \"On the Public Health System\". The results of the study can contribute to the improvement of legislation in the field of public health, as well as to improve the quality of formation law enforcement practice of administrative bodies that are subjects of the public health system.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"268 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139152794","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":"Discretionary Powers in the Context of Legal Regulation of Administrative Procedure","authors":"Dmytro Luk’yanets","doi":"10.21564/2414-990x.163.292134","DOIUrl":"https://doi.org/10.21564/2414-990x.163.292134","url":null,"abstract":"The article is devoted to the problem consideration of determining the content and characteristics of discretionary powers in the context of the administrative procedure legal regulation, which is caused by the adoption and necessity of introducing the provisions of the Law of Ukraine «On Administrative Procedure» into the practices of the subjects of authority. The actuality of the topic is determined by the necessity to qualify administrative bodies' powers as discretionary and implement the relevant principles of administrative procedure. The article aims to analyze the normative constructions of administrative proceedings available in Ukraine's legislation, which allow for the possibility of exercising discretionary or similar powers to develop a position regarding the limits and features of the practical application of norms of the Law of Ukraine «On Administrative Procedure». Achieving the outlined objective became possible through complex scientific knowledge methods, in particular dialectical and systemic approaches, formal-legal and comparative methods, and methods of analysis and synthesis. It is noted that the vast majority of normatively defined principles of administrative procedure are designed for the implementation of discretionary powers by administrative bodies. It was emphasized that an integral component of discretionary powers, in addition to the availability of legally defined options for decisions that an administrative body can adopt in the presence of specific grounds, is the availability of the administrative body's right to act at its discretion. Based on the conducted research on the content of the administrative bodies' powers in specific types of administrative proceedings, the conclusions were formulated that in administrative proceedings of a registration and permitting nature, the relevant administrative bodies do not have discretionary powers. It is noted that an example of full-fledged discretionary powers is the powers of administrative bodies in tort proceedings. This is due to the fact that sanctions for the commission of relevant offenses have a relatively defined nature. In such cases, the administrative body, at its discretion, selects the type and amount of sanctions, taking into account the circumstances of the case. Unlimited discretion is inherent in the authority of collegial bodies, particularly local self-government bodies, which is determined by the decision-making method by voting of the collegial body members.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"52 29","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139151063","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":"Subjective Side (Mens Rea) of Aiding and Abetting War Crimes and Crimes Against Humanity in the Context of the Alien Tort Statute","authors":"Bohdan Karnaukh","doi":"10.21564/2414-990x.162.283690","DOIUrl":"https://doi.org/10.21564/2414-990x.162.283690","url":null,"abstract":"The American Alien Tort Statute (ATS) is a landmark instrument on a global scale, since, based on its provisions, plaintiffs in American courts have sought compensation for human rights violations committed on other continents. Many of these cases involved war crimes and crimes against humanity. And since such large-scale crimes are almost never committed by a single perpetrator, one of the key issues before the courts in these cases was the question of establishing standards of liability for aiding and abetting such crimes. In considering these cases, the American courts based their decisions on the provisions of international law and thus developed a substantial body of case law, the study of which will undoubtedly be valuable in light of the legal challenges posed by the war in Ukraine. The objective of the article is to examine the requirements for the mens rea of aiding and abetting war crimes and crimes against humanity through the prism of the case law applying the Alien Tort Statute. From a methodological point of view, the study focuses on the analysis of the case law of American courts through the prism of international law. An important component of the research is to determine the contents of customary international law, the provisions of which are subject to separate proof in the relevant cases. The article itself is a part of comparative legal research with the aim of drawing lessons that could be used to solve the complex legal problems arising from the war in Ukraine. The article examines two standards of aiding and abetting used by American courts in cases under the Alien Tort Statute, namely, the purpose standard and the knowledge standard. The author examines the American precedents in which the courts have used one or the other standard. It is argued that the origins of the disagreement should be sought in international law, since American courts in the relevant category of cases rely on international law. The author analyses the arguments of Judge Katzmann, whose position forms the basis for all subsequent decisions applying the purpose standard. The critical analysis of Judge Katzmann's arguments is complemented by a thorough examination of the practice of international criminal tribunals - from the Nuremberg Tribunal to the later tribunals for Yugoslavia, Rwanda and Sierra Leone. The author concludes that the standard of knowledge is predominant and should be considered a rule of customary international law and should define the criteria of liability for harm caused by gross violations of internationally recognised human rights.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296422","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":"«Collaboration», «Collaborationism», «Cooperation», «Collaborative Activity»: Historical and Criminal Legal Dimensions of Terminological Pluralism","authors":"Mykola Rubashchenko","doi":"10.21564/2414-990x.162.285405","DOIUrl":"https://doi.org/10.21564/2414-990x.162.285405","url":null,"abstract":"The article is devoted to the analysis of historical and law origins of terminological pluralism in the reflection of the cooperation of the population with the occupier. The relevance of the presented material is due to the addition of Article 1111 of the Criminal Code of Ukraine on collaborative activities, the presence of terminological diversity in historical, law, sociological research and legislative work, as well as the ongoing occupation of part of the territories of Ukraine by the Russian Federation.. The aim of the article is to shed light on the genesis of the terminological pluralism that refer to various forms and types of interaction between the population and the occupier (cooperation, collaboration, collaborationism, collaborative activity) and to study the possibility and expediency of their projection on the law dimension. The research strategy involves the use, first of all, of general scientific methods of cognition. The main role in achieving the goal of the article was played by a special historical method and methods of linguistic research. In the process of research, it was established that the main reason for terminological pluralism is the attempt to distinguish different types of interaction with the occupier depending on their ideological and motivational characteristics, circumstances and context of interaction. This, in turn, is connected with the \"hellish\" complexity of the problem of collaboration with the occupier. It is concluded that the term \"collaborative activity\" introduced in criminal law is not successful in view of the existing historical approaches and linguistic aspects of borrowing foreign words. The need to consider collaborationism as a generalized concept denoting the natural phenomenon of cooperation with the occupier is substantiated. Determining the breadth of collaborationism is a matter for lawyers. This phenomenon should be considered primarily in the legal sphere. Everything that is beyond legal condemnation cannot be recognized as a component of collaborationism.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296567","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":"The Problem of Balancing the Size of Sanctions in Achieving a Balance of Interests (Using the Example of Customs Duties)","authors":"Mykola Kucheriavenko, Artem Kotenko","doi":"10.21564/2414-990x.162.286413","DOIUrl":"https://doi.org/10.21564/2414-990x.162.286413","url":null,"abstract":"The relevance of the proposed research, both from theoretical and practical perspectives, lies in addressing the issue of the relationship between the magnitude of sanctions concerning the balance between public and private interests. The main objective of this study is to explore optimal approaches to address issues related to imposing penalties for violations of customs regulations. The results of this research could enhance control procedures and facilitate a balanced determination of penalty sizes in customs law while considering public interest and property rights protection. The study is based on the application of various scientific methods, such as dialectical analysis and synthesis, structural-functional approach, formal-legal and formal-logical analysis, comparative-legal approach, among others. It encompasses an examination of the interplay between public and private interests, as well as an analysis of the system of public interest and potential conflicts arising during the formation of public funds. The research investigates the nature of compulsory payments, such as taxes, fees, and customs duties, illustrated through the example of customs payments. Additionally, it sheds light on issues of administrative liability for customs violations, emphasizing the significance of adhering to specific time criteria when making customs payments and the consequences for the state if these criteria are not met. Furthermore, the study explores the interrelation between material and procedural impact on regulating the behavior of the participants involved in the relationships, emphasizing that these two aspects cannot be separated. It also affirms that the state has the sovereign right to establish taxes, fees, and other payments within its territory to fulfill its functions and meet societal needs. Moreover, the research examines the relationships among various interest groups of participants, such as societal interest, state interest, territorial community interest, government entities, and obligated individuals, while also discerning the division of these interests into disproportionate groups and their interconnectedness. Overall, the research holds significant importance in understanding the issues and prospects within the domain of customs law and administrative responsibility. The findings have the potential to contribute to the improvement of legislation and control procedures, fostering the development of a transparent and efficient legal system capable of safeguarding the interests of all parties involved, including society, the state, and private individuals.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296423","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":"Human Rights in Islamic Law and the Integration of Muslims in European Countries","authors":"Alla Grynchak, Serhii Grynchak","doi":"10.21564/2414-990x.162.286086","DOIUrl":"https://doi.org/10.21564/2414-990x.162.286086","url":null,"abstract":"The steady growth of Muslim communities in European countries makes possible conflict situations due to the difference between Eastern and Western worldviews. The study of the European experience of finding possible ways to overcome intercultural crisis situations is relevant and expedient from the point of view of possible further implementation into national legislation. To achieve the goal, a set of methods was used: dialectical (for objectivity and comprehensive knowledge of the institution of human rights, taking into account various factors (in particular, religion), formal-legal method (for establishing the content of legal norms, analyzing the practice of their application), methods of analysis and synthesis (for the analysis of the constitutional legislation of foreign countries, which enshrines human rights and freedoms) and others. The comparative legal method was used as the leading one. The article compares Muslim and European approaches to the nature and content of human rights. The key characteristics of the legal status of a person, peculiar to Islamic law, are highlighted in the aspect of bringing such an understanding of human rights to the European environment. The constitutional-legal institution of human rights and freedoms in European states is based on the natural-law concept in the conditions of a liberal democracy and a secular state. Constitutional and legal norms on human rights in Muslim countries establish the inalienable influence of religion. The measures taken by the authorities of European countries are not effective enough. Only compromises, mutual respect for culture and preservation of religious foundations, and the use of primarily legal means of conflict resolution on both sides will help reduce tension and resolve disputes that arise between Muslims and European society. On the basis of the analysis and synthesis of constitutional and legal acts, scientific works, etc., possible ways of avoiding the problems of integration of Muslim minorities in Europe are suggested.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296426","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":"Relationship Between Collaborative Activities and Military Criminal Offenses","authors":"Sergiy Kharytonov","doi":"10.21564/2414-990x.162.286427","DOIUrl":"https://doi.org/10.21564/2414-990x.162.286427","url":null,"abstract":"The article is devoted to setting up and solving the problem of the ratio of the composition of military criminal offenses and the composition of collaborative activities in the temporarily occupied territories of Ukraine against the background of military aggression by the Russian Federation. The relevance of the issues of this scientific article is that after the seizure of Crimea and parts of the Donetsk and Luhansk regions, the legislator repeatedly made changes to the current Criminal Code of Ukraine, which led to various points of view of scientists and law enforcement agencies (the police, the State Bureau of Investigation, the Security Service of Ukraine, prosecutor's office, court, etc.) to qualify the actions of citizens of Ukraine who remained in the temporarily occupied territories, while in some cases they intentionally committed actions (inaction) to the detriment of interests. The purpose of this article is to analyze the problematic aspects of the correlation of collaborative activities with military criminal offenses and to formulate rules for solving individual qualification problems arising from the correlation of the specified acts. The research is based on the use of general scientific, special legal and interdisciplinary methods of cognition. The obtained results make it possible to assert that collaborative activity, unlike military criminal offenses, encroaches, first of all, on the foundations of Ukraine's national security and is sometimes committed together with treason. The generic object of military criminal offenses is social relations in the sphere of normal activity of the military organization of Ukraine, which, although it plays one of the key roles in maintaining the appropriate level of security, territorial integrity and inviolability of the state, is not identical to the generic object of Section I of the Special Part of the Criminal Code of Ukraine.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296570","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":"Climate Legislation and Legal Relations: Current State and Development Prospects Within the National Security Framework","authors":"Anatolii Getman, Hanna Anisimova","doi":"10.21564/2414-990x.162.287135","DOIUrl":"https://doi.org/10.21564/2414-990x.162.287135","url":null,"abstract":"The article is devoted to the scientific and theoretical analysis of the current paradigm of development of national climate legislation and legal relations within the Europeanization framework. The subject of the study is the analysis of international legal norms, national legislation and judicial practice in the aspect of adaptation to climate change. The purpose of the article is to provide a comprehensive, integrated study and analysis of the provisions of legal acts from the standpoint of the formation of climate legal relations in the context of ensuring national security. The chosen goal has led to the setting and solution of such tasks as: a) consideration of the theoretical and methodological foundations of the emergence and formation of climate legal relations; b) study of the current provisions of environmental and legal doctrine with regard to the need for adaptation to climate change; c) outlining the ways to improve and further systematize national climate legislation in the context of European integration and sustainable development. The methodological basis of the study is formed by general scientific and special methods of cognition of legal phenomena: dialectical, historical and legal, formal and logical, systemic and structural, theoretical and prognostic, comparative legal, formal and legal, interpretation of legal provisions, legal modeling, etc. The author examines the peculiarities of the formation of climate legal relations which are closely related to environmental and security legal relations, along with energy, agricultural, etc. It is proved that they are gradually being formed and distinguished into an independent interdisciplinary institution of environmental, energy, agrarian, environmental security law, as well as international and EU law, which is likely to become an independent branch of public law in the future. The article emphasizes that the development and implementation of national climate policy (especially in the context of regulatory and legal support) should be fully based on the fundamental provisions of the EU climate policy. The author considers the issues of judicial protection of climate human rights and humanity in case of non-fulfillment of policy and program documents and non-compliance with international obligations by the State. The problems of compensation for climate damage and the impact of climate change on migration processes (climate migration) are outlined. It is argued that modern climate policy should be built on a cross-sectoral level to ensure the preservation of ecosystems, landscape and biological diversity, accelerate the transition to low-carbon energy saving systems, reduce dependence on fossil fuels, expand the use of renewable energy sources, improve energy efficiency, and increase the adaptive potential of natural resources to climate change.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296425","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":"Fundamentals of Legal Regulation of the Status of Honorary Consuls","authors":"Nika Korelova","doi":"10.21564/2414-990x.162.281221","DOIUrl":"https://doi.org/10.21564/2414-990x.162.281221","url":null,"abstract":"The relevance of this topic is determined by the trends of globalization and the development of bilateral cooperation between states, which leads to more and more frequent appeals to the institution of the honorary consul, as well as the need for a normative definition of legal status and bringing it to a uniform standard of national legislation. The purpose of the article is to reveal the peculiarities of the normative regulation features of the honorary consuls' legal status in Ukraine, highlight and analyze the legislation's shortcomings in this area, and provide proposals for resolving the existing legal uncertainty. Achieving the outlined purpose became possible thanks to the use complex of methods of scientific knowledge at various levels, in particular, the dialectical method (to identify and analyze the peculiarities of the normative regulation of the status of an honorary consul, differences in practical application, as well as the justification of introducing changes to the existing system), the comparative legal method (to establish the content of legal norms and analyze the practice of application), the method of analysis and synthesis (to highlight aspects and criteria that collectively determine the legal status of an honorary consul), the observation method (to highlight the experience of other countries), as well as a number of traditional for jurisprudence methods such as: historical, systematic and logical. The article analyzes the current legislation defining the status of honorary consuls, and highlights the problematic aspects of such \"evaluative concepts\" as \"prominent position\", \"important social status\" and \"active participation in political life\", which are widely used by the lawmaker, and also analyzes how in practice, the presence of evaluative concepts can lead to real misapplication. As a result of the conducted research, conclusions were formulated regarding the need to delineate the limits of the use of evaluative concepts in determining the legal status of an honorary consul, as well as the need to supplement existing regulatory acts with standards that would clearly distinguish the area within which honorary consuls should use their powers without violating the legislative requirements.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135296564","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}