scholarly journals EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS

2019 ◽  
pp. 174-178
Author(s):  
O. M. Pravotorova
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Social Relations ◽  
Legal Protection ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Legitimate Interests ◽  
Four Levels ◽  
Legal Entities

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

scholarly journals FORMS OF ADMINISTRATIVE ACTIVITY OF PUBLIC ADMINISTRATION IN THE MECHANISM OF ADMINISTRATIVE LEGAL PROTECTION

2019 ◽  
pp. 123-127
Author(s):  
O. M. Pravotorova
Keyword(s):  
Property Rights ◽  
Public Relations ◽  
Public Administration ◽  
Legal Protection ◽  
Administrative Law ◽  
Administrative Services ◽  
The Public ◽  
Mandatory Rules ◽  
Legitimate Interests ◽  
Legal Entities

Determined that the administrative-legal protection is an institution of administrative law, which consists of uniform rules of administrative law, whose legal influence is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legitimate interests of individuals and legal entities through administrative tools: forms of administrative activity of public administration, administrative coercion and administrative procedures. It is determined that forms of administrative activity of public administration in the field of administrative and legal protection is a classic expression of their administrative activity in the implementation of executive and administrative activities and the provision of administrative services in order to restore or prevent violation of the rights, freedoms or legitimate interests of individuals and legal entities. At the same time, public administration entities can use the entire arsenal of forms of administration of public relations by public administration, namely the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions and logistical operations. It has been found out that logistical operations to maintain and use public registers of property rights by the public administration provide for the prevention of most property rights violations, and restore the infringed property rights through the decisions of certain administrative commissions. It is emphasized that the instruments of public administrative activity include normative acts of public administration, administrative discretion in the activities of public administration and e-government. Public administration regulations differ from other acts in that they establish, modify or repeal rules of law - mandatory rules of conduct established and protected by the state. In performing its functions, the public administration in the exercise of administrative and legal protection has the opportunity to use all the most common forms of administration of public relations by the public administration, in particular, such as the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions, logistical operations, etc.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES

2019 ◽  
Vol 4 (5) ◽  
pp. 343 ◽  
Author(s):  
Olha Tylchyk ◽  
Yurii Riabchenko ◽  
Oleksandr Popivniak
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theoretical Background ◽  
Legal Analysis ◽  
Activity System ◽  
The Public ◽  
Scientific Analysis ◽  
Scientific Papers

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.

scholarly journals Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting

2021 ◽  
pp. 65-70
Author(s):  
A. Kalimbet ◽  
M. Sidor
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Public Interest ◽  
Administrative Law ◽  
Repeated Application ◽  
Legal Norms ◽  
The Public ◽  
Current Trends ◽  
Radio Broadcasting ◽  
Life Circumstances

Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting The article highlights the essence of normative and individual acts of subject of public administration used in the field of television and radio broadcasting. Emphasis is placed on the need to take into account current trends in national legislation and the views of European scholars on the transformation of the institution of forms of government in the institution of tools of public administration. It is noted that the administrative actions of subject of public administration aimed at ensuring the public interest can take a variety of external forms, and thus take the form of tools of public administration. The general features of public administration tools are singled out, among which: competence of subject of public administration, standardized form, possibility of appeal; as well as a comparative characterization between normative and administrative acts as tools of public administration, the main difference of which is determined by the range of persons covered by the act and the possibility of its repeated application. It is necessary to issue regulations by subjects of public administration in the field of television, which is a by-law that aims to decipher the abstract provisions of laws and give them a specific and holistic content. It was found that the issuance of regulations is an effective operational way to regulate the dynamic legal relations in this area. It is determined that the result of consideration and resolution of administrative cases in a certain order, which arise during the implementation of the relevant subjects, public administration in the field of television and radio broadcasting is the adoption of individual acts, which in turn are the basis for the emergence, change and termination of administrative legal relations in the field of television and radio broadcasting. Attention is paid to the fact that administrative law enforcement as a form of activity of subject of public administration in the field of television and radio broadcasting is aimed at individualization of legal norms in relation to specific subjects and specific life circumstances. Such activity is characterized by the issuance of individual acts, which is the result of consideration and resolution of administrative cases opened in a certain order.

scholarly journals PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF THE STATE FROM VIOLATIONS COMMITTED BY BUSINESS ENTITIES OF THE PUBLIC SECTOR OF THE ECONOMY

2020 ◽  
Vol 73 (4) ◽  
pp. 33-43
Author(s):  
Andriy Zakharchenko ◽  
Keyword(s):  
Law Enforcement ◽  
Public Sector ◽  
The State ◽  
Financial Control ◽  
State Sector ◽  
The Public ◽  
Legitimate Interests ◽  
Rights And Interests ◽  
Business Entities ◽  
Judicial Protection

The article analyzes the problematic issues that arise in connection with the protection of the rights and legitimate interests of the state in case of violation of these rights and interests by economic entities of the public sector of the economy. The state of normative-legal provision and law-enforcement practice concerning realization of protection by subjects of management of objects of state property, as well as of bodies of the state financial control, and also bodies of prosecutor's office are also considered. According to the results of the study in order to improve the protection of the rights and legitimate interests of the state from violations by economic entities of the public sector of the economy, it was proposed: 1) to specify the procedure and forms of exercising powers by the subjects of management of state property objects granted to them in order to control the activities of economic entities of the state sector of the economy; 2) to consolidate the obligation of subjects of management of objects of state property to take measures for judicial protection of the rights and interests of the state from violations committed by these entities; 3) to approve methodical recommendations on protection of the rights and lawful interests of the state by subjects of management of objects of state property, including from infringements from the above-stated subjects of management; 4) to take into account the state of implementation by the subjects of management of state property of measures to protect the rights and legitimate interests of the state in conducting a single monitoring of the effectiveness of management of state property; 5) to consolidate normatively the sequence of actions of the bodies of state financial control in case of detection of losses caused to the state; 6) to establish the powers of these bodies to apply directly to the court in the interests of the state with claims for invalidation of contracts concluded by controlled entities in violation of the law; 7) to specify the provisions regarding the protection of the interests of the state by the prosecutor's office.

scholarly journals Illegal crossing of the State Border of Ukraine: some aspects of elements of crime

1970 ◽  
pp. 315-320
Author(s):  
Yurii Kuryliuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Precise Determination ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public

The article analyzes elements of the crime covered by the Article 332-2 of the Criminal Code of Ukraine, establishing criminal liability for illegal crossing of the State Border of Ukraine, and also discloses peculiarities of the criminal legal qualification of this action. It is determined that as the patrimonial object of the crime under the Article 332-2 of the Criminal Code of Ukraine should be considered homogeneous social relations, covering a certain sphere of the public life that is the border security of Ukraine, violation of which causes socially dangerous harm to the components of this sphere that is defense of the State and its border protection, sovereignty, territorial integrity and inviolability. The direct object of this crime is the public relations, which provide for the normatively established and regulated procedure for crossing the State Border of Ukraine. It has been established that the procedure for crossing the State Border of Ukraine may manifest itself in several forms: 1) by any means (by foot, by auto transport, by swimming etc.) outside the checkpoints across the State Border of Ukraine; 2) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine without the relevant documents; 3) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine with the documents, containing inaccurate information. Should not be underestimated the blanket nature of the disposition of the mentioned article that requires precise determination of the relevant regulatory acts, determining the list of documents that are necessary for crossing the State Border of Ukraine by a certain category of people, and also confirm the fact of opening a specific checkpoint across the State Border of Ukraine. The disposition of the Article 332-2 of the Criminal Code of Ukraine defines several groups of subjects, in particular: 1) a person who is prohibited from entering the territory of Ukraine; 2) a representative of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor; 3) a person with the aim to illegally cross the State Border of Ukraine for harming the interests of the State. Moreover, it was established that the aim for “harming the interests of the State” is not necessary for the illegal crossing of the State Border of Ukraine by persons who are prohibited from entering the territory of Ukraine, or by representatives of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor. The criminalization of the illegal crossing of the State Border of Ukraine is an important aspect of creating conditions for the proper protection of the vital interests of an individual, the society and the State from real and potential external and internal threats in the border space of Ukraine.

scholarly journals FUNCTIONS OF THE STATE AND LAW ENFORCEMENT: THE SEARCH FOR RELATIONSHIPS IN THE SYSTEM OF PUBLIC ADMINISTRATION

2021 ◽  
Vol 04 (02) ◽  
pp. 10-23
Author(s):  
Yevdokymov Viktor Yevdokymov Viktor ◽  
Grytsyshen Dymytrii Grytsyshen Dymytrii ◽  
Malyshev Kostiantyn Malyshev Kostiantyn
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Social Relations ◽  
State Policy ◽  
The State ◽  
Theory And Practice ◽  
The Political ◽  
Political Function ◽  
Political Economic ◽  
Enforcement Activity

The theoretical basis for the formation and implementation of state policy in the field of law enforcement is the justification of its place in the context of the implementation of the function of the state and ensuring the appropriate level of security. The functions of the state are the category that determines the directions of its development and transformation in general and individual components in particular. "The question of the functions of the state remains one of the most important issues in the theory and practice of state formation. They play an important role in the implementation of public policy, because without influencing certain social relations, the state is not able to solve the problems facing it and achieve its goals. A special place is occupied by the political function - fundamental for the implementation of other functions of the modern state "[8, p. 23] The functions of the state are always aimed at ensuring the appropriate level of its security in general and individual elements in particular. Accordingly, law enforcement activity determines both the actual law enforcement function of the state and ensuring the implementation of others related to the implementation of public administration decisions in various spheres of public life. "The study of the functions of a democratic, social, legal state provides an opportunity to reveal its democratic potential and contributes to a deeper understanding of the mechanism of state interaction with other structures of society in solving the most important political, economic, social, cultural, ideological and environmental problems. The solution of these problems largely depends on the effectiveness of the internal functions of the Ukrainian state, their financial, organizational and legal support, deepening political and legal reform, the introduction of European-style democracy "[11, p. 222]. Keywords: state policy, law enforcement activity, functions of the state, public administration.

scholarly journals RESOLUTION OF ISSUES RELATED TO THE USE OF LAND PLOTS NOT FOR THE PURPOSE PURPOSE WHEN CARRYING OUT A JUDICIAL ECONOMIC EXPERTISE

2019 ◽  
Vol 20 (2) ◽  
pp. 545-555
Author(s):  
N. Chumachenko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Administrative Law ◽  
The State ◽  
State Control ◽  
Land Registration ◽  
Red Army ◽  
The Law ◽  
Control Body ◽  
Legal Entities

The relevance of the census is by the fact that it is the first-rate property for all significant means of justice, disputable persons, as well as perusal of civil rights, and of the rest of the country, and at the same time, at the same time, at the same time, N 963 «Techniques for rozmіru shkodi, zapodіyanono ї vnasdok samovilny zaynyattya land dіlyanok, vikoristannya land dіlyanok not for the whole ryazanennyam, knowing the ground crookedness (I’m using the same mask, I didn’t have a draw). The Method № 963 is hidden on the assignment to the distributor, the authorities, the territorial communities, the legal entities, the legal entities, all the categories of land in the land and land areas, not the main reason, which is not the main reason. The state monopoly (control) at the part of the land legislation, the victorious and the safeguarding of the lands of all categories and the forms of authority, is attached to the Derzhgeokadastre. It is prescribed by the Law of Ukraine «On state control over the damage and protection of land» from 19 June 2003, p. N 963-IV of the sovereign control over the victorians and the defense of the earths can be crossed by the cross. In response to a visit to the Roshraunker Rozmir, to be under the supervision of the Victory Day in the land of the Red Army, not in accordance with the appropriate standards, refer to the administrative provisions of the state registrars and the workers, but also to the lawyers in the field The act of registration of the law of land legislation; protocol on administrative law enforcement; pripis (with the usushenya pushenenya land legislation); act of land registration. The procedure for the assignment to the distributor of the schoolchildren, according to the rules of the localization of the land of the girls, is not the same as the assignment of the procedure, clause 5 of Method № 963. An overview of the data for this type of expertise є Rosrahunok rozmіru shkodi, zavdo їnask dikoristannya land dylyanki not for the purpose. Judicial examiner — economist to carry out the completion of the correctness of the assignment to the direct ordering of the skoda, induced in the above-mentioned Rosrahunka for the complete assembly of the Inspector. The result of the ship examiner’s examination of the economist’s case is that of the hanging of the vessel itself, at the same time as the control body of the Technique № 963.

scholarly journals Legal Protection of Consumers that Have Funds in Illegal Cooperative Legal Entities in Indonesia Study of the Supreme Court Decision Number 3 K/Pdt.Sus-Pailit/2019

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Muamar Adil Daffa ◽  
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Supreme Court Decision ◽  
The State ◽  
Economic Sector ◽  
Legal Entity ◽  
The Public ◽  
Great Demand ◽  
The Supreme Court ◽  
Legal Entities

This study aims to provide a way out regarding legal protection for consumers who carry out fund-keeping activities in illegal cooperative legal entities. Seeing the development of the pattern of life in society, where the current economic sector is growing rapidly, in this case the investment or deposit of funds in a particular legal entity is in great demand by the public. This interest is then used by unscrupulous cooperative bodies in carrying out their illegal business activities. The state as a regulator and protector of the public interest needs to be present in regulating the procedures for storing funds and how to protect them for the community. This then becomes interesting for the author in conducting this research. Where the cooperative legal entity carries out business activities to raise funds in the community illegally and when carrying out its business activities the cooperative legal entity fails to pay, the big question is what form of legal protection is provided by the state to consumers who have already done fundraising on illegal cooperative legal entities the. The existence of the court as the last door for consumers that can then be given by the state as a form of legal protection that can be taken.

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