THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS最新文献

{"title":"FREEDOM OF CITIZENS IN THE CONDITIONS OF MILITARY SERVICE","authors":"G. V. Chebotareva, Law.","doi":"10.36059/978-966-397-177-3/56-71","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/56-71","url":null,"abstract":"","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116599846","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 RESPONSIBILITY IN THE CONSTRUCTION INDUSTRY","authors":"S. S. Nenko, Law.","doi":"10.36059/978-966-397-177-3/208-226","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/208-226","url":null,"abstract":"INTRODUCTION From an economic point of view, construction activity is a process of construction of buildings and structures, creating new enterprises, realize the expansion, reconstruction and technical re-equipment of existing enterprises and other objects the production sector and service sector, or in other words, it – economic activity, which includes forecasting, planning, design, construction of urban development, landscaping, expansion, technical reequipment of enterprises and provides the construction, reconstruction of residential, public and industrial buildings, structures and creates the basis for the development of all other spheres of the national economy.","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132785710","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":"ACTUAL PROBLEMS OF COVERT INVESTIGATION","authors":"О. О. Podobnyi","doi":"10.36059/978-966-397-177-3/227-245","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/227-245","url":null,"abstract":"","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116488474","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":"METHODOLOGICAL BASIS OF THE RESEARCH OF LEGAL ALGORITHMS","authors":"D. Manko","doi":"10.36059/978-966-397-177-3/190-207","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/190-207","url":null,"abstract":"INTRODUCTION Disclosure of the essence and legal nature of legal algorithms, and technologies of legal activity is connected with the necessity of establishing clear methodological tools, defining terms, concepts and categories of application of which will ensure the completeness, and comprehensiveness of their scientific comprehension. Correct methodological planning of the principals of the research is the key to a consistent study of the problem identified, the achievement of the goal and the fullest disclosure of the tasks set. P.M. Rabinovich, defines the methodology of legal science (in the narrow sense) as “a system of approaches, methods and approach of scientific research, a theoretical basis for their use in the study of state and legal phenomena” 1 . In her turn, N. Onishchenko, analyzing the methodology of the theory of state and law, noted that the latter, being a systematic set of special cognitive methods, means, methods of studying the state and law, laws of their origin and development, is based on certain, inherent principles of research state and legal reality 2 . S.S. Slivka indicates, that “under methodology should be understood to have acquired settings, formed views, a certain point of view and, in general, and a worldview that can be implemented using certain methods, approaches and means” 3 . Particular attention should be paid to the definition methodology of state theory and law, formulated by O.F. Skakun: “it is a system of general approaches, principles, methods, and means of knowing the law and the state, realized on the basis of knowledge about the laws of their application,","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126992419","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":"PREVENTIVE ACTIVITY OF BODIES OF THE NATIONAL POLICE OF UKRAINE IN THE AREA OF THE UNITED FORCES OPERATIONS","authors":"V. Abroskin","doi":"10.36059/978-966-397-177-3/1-19","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/1-19","url":null,"abstract":"INTRODUCTION The Constitution of Ukraine defines the protection of the state sovereignty of Ukraine, territorial integrity, inviolability of the state border as one of the most important functions of the state at the present stage 1 . In 2014, the Russian Federation launched an armed aggression against Ukraine, which resulted in the illegal occupation of the Autonomous Republic of Crimea 2 , carrying out armed invasion into the territory of Donetsk and Luhansk regions 3 . Armed conflicts become more intense, so the united forces operations in Donetsk and Luhansk regions influenced the need to study approaches to resolving armed conflict within the state. The security vector is identified as one of the key vectors of the development of our country, in accordance with the Strategy of Sustainable Development “Ukraine–2020”, that should provide ensuring the security of the state, business and citizens 4 . Our state is tasked with becoming a state capable of protecting its borders and ensuring public security not only in its territory but also in the European region. In turn, this task requires adjusting the tasks and functions of the police, introducing new criteria for evaluating police performance. Today, the National Police of Ukraine is a universal system of structural units, which are entrusted with important functions to ensure law and order in the state, protection of the population. In the territory of modern Ukraine there is a new, reformed system of bodies of the National Police of Ukraine, which actively borrows the best international practices in order to optimize its own","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129913530","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 GENESIS OF ADMINISTRATIVE OFFENCES","authors":"Popovich Ye, Ivan Tarasov","doi":"10.36059/978-966-397-177-3/246-260","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/246-260","url":null,"abstract":"INTRODUCTION Today’s public consciousness regarding the concept of an administrative offense (misdemeanor) reflects its understanding of the stereotype that developed in Soviet times. Sociological studies conducted on this issue in 2010–2013 showed that employees of administrative services of internal Affairs bodies of district and city levels almost one hundred percent (96.75% of 1765 respondents) pointed to them as identical concepts, which are normative, fixed CAO Ukraine. Meanwhile, in the works of a number of experts, which in varying degrees concerned the issues of the essence and content of the phenomenon with the modern name “administrative offence (offense)” we find indications for a certain inconsistency of the official Soviet doctrine of administrative offences: first, research lawyers of the Russian Empire XIX – early XX centuries, and secondly, with the European administrative-legal theory and practice, third, research of the subject of administrative law and administrative legal relations in the last third of the twentieth and early twenty-first century. Overcoming the actually existing scientific and theoretical crisis in this segment of administrative law, according to V. Kolpakov, should begin with the deepening of scientific understanding of the administrative offense and administrative offense as genetically different legal categories with the subsequent formation, firstly, the doctrine of administrative (administrative) offense; secondly, the doctrine of administrative misconduct (tort) 1 .","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121510264","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":"THEORETICAL-LEGAL CHARACTERISTICS OF LEGAL CONFLICT IN LEGAL RELATIONS ON ADMINISTRATIVE SUPERVISION","authors":"A. Denysova","doi":"10.36059/978-966-397-177-3/72-92","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/72-92","url":null,"abstract":"INTRODUCTION The need to formalize the implementation determinant of certain types of administrative supervision, in particular in the areas of public security and order, combating corruption and taking into account the implementation peculiarities of certain procedures of administrative supervision of the executive authorities, makes relevant the use of scientific potential of legal conflictology, which is of particular importance in administrative supervision’s context. The expediency of addressing the legal conflict in the relations with regard to administrative supervision by the state executive power organs from the appointment of supervision, which consists in establishing the degree compliance by a entity whose activity is a supervision item prescribed by the legislation. The legal conflict’s essence follows from its features, which are recorded in the current legislation in the form of special legal states, conflict situations, prohibitions, as well as violations of established legal requirements. This means that the existence of legal requirements and the obligation to comply with them is a conflicting factor affecting the legal relationship, as well as the administrative supervision of the state executive bodies. Selection of groups of administrative proceedings, which are based on the existence (absence) of a conflict of legal importance. Conflicts and nonconflicts proceedings are distinguished, and the latter’s subject are those in the course of which it is not obligatory to carry out a legal assessment of a person’s behavior in relevant legal relationships. Conflict proceedings are those that underpin administrative-legal conflict, and therefore the legal assessment of a person’s conduct in legal relationships. It is advisable to classify administrative supervision proceedings as conflicting, since their implementation involves the provision of a legal assessment as a result of inspections or other measures (e.g. monitoring).","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128359571","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":"DOCTRINE OF LEGAL ORDER IN UKRAINIAN AND FOREIGN JURISPRUDENCE: STATUS AND PROSPECTS OF CONVERGENCE LEGAL ORDER AS AN EMPIRICAL STATE OF LEGAL LIFE IN SOCIETY (OR WHATSOEVER)","authors":"A. F. Kryzhanovskii","doi":"10.36059/978-966-397-177-3/173-189","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/173-189","url":null,"abstract":"I.INTRODUCTION I contemplated a lot on the subject of the scientific category “legal order”, which was solidly established in domestic jurisprudence, however for some reason was not developed at all by Western legal scholars in some other countries (mostly post-Soviet). The terms “law” and “legal order” are used as synonyms there, despite the fact that they are not semantically identical. For instance, in German the law – die Recht, the legal order – Rechtsordnung, although in some dictionaries it is also translated as “law”. Approximately the same situation in the English language: law – rights, legislation, legal order – legal system, which are also used synonymously to denote rights and legislation. Legal reality, for many Western authors, is called either law or legal order, without any difference in the meaning of these words. In this regard the book of the French scientist J.-L. Bergel is indicative, as the author intertwines these categories easily and naturally 1 . In Ukrainian jurisprudence, the content of law and legal order is filled with different meanings. Law in its most general form is a value-normative system, partly generated and maintained by the authorities, and the legal order is the actual state of public relations, the legal sphere of society, which is formed under the influence of law, is the result of the influence of the law on society. Thus, law is a kind of legislative model, and the legal order is the real, actual (and qualitative) state of the legal life of society. Law reflects due, legal order – matter in the legal sphere. As a result, I seem to understand one of the reasons for these differences. The law (legal values, precepts, principles) has long been an integral part of the conviction in the Western legal tradition, and its component – jurisprudence, that it has rigorously embodied in the phenomena of human and social reality – the behavior of people, the relationship between them. Cases of deviation from law (violation of law, abuse of law) receive the","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129528788","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":"ORGANIZATIONAL AND LEGAL BASIS OF COOPERATION OF UKRAINE AND THE EUROPEAN UNION IN THE LAW ENFORCEMENT FIELD ORGANIZATIONAL AND LEGAL BASIS OF COOPERATION OF UKRAINE AND THE EUROPEAN UNION IN THE LAW ENFORCEMENT FIELD","authors":"V. Bondar","doi":"10.36059/978-966-397-177-3/37-55","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/37-55","url":null,"abstract":"","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116443156","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":"PLACES AND FUNCTIONS OF CIVIL PROCEDURAL LEGAL RELATIONS IN THE MECHANISM OF CIVIL PROCESSING REGULATION","authors":"L. V. Didenko","doi":"10.36059/978-966-397-177-3/93-109","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/93-109","url":null,"abstract":"INTRODUCTION The study of various theoretical aspects of civil procedural relations has always been the focus of procedural scientists. For many years, since the Soviet period, scientists have carried out both comprehensive studies of the theory of civil procedural relations, and studied the individual issues of nature and characteristics of the elements of their structure (subject composition, content, object). However, not many scholars have conducted the analysis of civil procedural relations as elements of civil procedural regulation today. Therefore, the further development of civil procedural relations requires not only the general theoretical establishment of its essence, but also the definition of a role in the mechanism of civil procedural regulation. Such a study will also reflect the state and problems of the development of modern theory of civil procedural legal relations, since being the main way of realizing the rights and obligations of participants in civil proceedings, at the same time are an element of a much more complex formation – the mechanism of regulation. Therefore, much attention should be paid to the study of the place and functions of civil procedural relations in the mechanism of civil procedural regulation and their interaction with other constituent elements.","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121523162","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}