scholarly journals ADMINISTRATIVE AND LEGAL ENSURE OF “THE BEST INTERESTS OF THE CHILD” IN THE FIELD OF JUNIOR JUSTICE

2020 ◽  
pp. 49-56
Author(s):  
Mykola Veselov ◽  
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Social Protection ◽  
Specific Area ◽  
Legal Regulation ◽  
Social Needs ◽  
Best Interests ◽  
Social Characteristics ◽  
Wide Range ◽  
Definition Of

Today, the concept of “best interests of the child” is recognized as one of the guiding principles of ensuring the rights of children in all spheres of social relations. The object of this study is social relations in juvenile justice as a specific area of children’s rights. The aim of the article is to clarify the meaning of the concept of “best interests of the child” as well as to define the features of administrative and legal provision of this principle in the field of juvenile justice. To achieve this goal, general scientific and special methods of scientific research are used. The author argues that the definition of “best interests of the child” in the field of juvenile justice should only be generally oriented to guaranteeing child’s vital and social needs as a participant in jurisdictional proceedings, taking into account his or her age, biological and social characteristics. Under any circumstances, the list of such interests cannot be exhaustive. In view of the public-service nature of administrative and legal relations, an important role in the current and future ensure of the best interests of the child in any type of jurisdictional proceedings belongs to the administrative and legal means. The priority of attention to administrative and legal means in ensuring the best interests of the child in the field of juvenile justice is due to the wide range and relative universality of administrative and legal regulation, which allows to meet the procedural needs of children within purely jurisdictional proceedings as well as to facilitate other organizational and legal issues of social protection of children.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

Modernization of Social Security System Legal Regulation in Kazakhstan: Experience and Standards of the OECD Members Implementation

2018 ◽  
Vol 8 (8) ◽  
pp. 2498
Author(s):  
Gulzhan N. MUKHAMADIYEVA ◽  
Gulyiya MUKALDYEVA ◽  
Zhanar T. KARASHEVA ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  
Keyword(s):  
Social Policy ◽  
Social Security ◽  
Doctoral Students ◽  
Social Protection ◽  
Oecd Countries ◽  
Legal Regulation ◽  
Social Risks ◽  
Wide Range ◽  
Protection Systems ◽  
Social Protection Systems

The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.

scholarly journals ОНТОЛОГІЯ КОМУНІКАТИВНОЇ РЕАЛЬНОСТІ

2018 ◽  
pp. 13-18
Author(s):  
Г. Ю. Омельченко ◽  
О. М. Осіпов
Keyword(s):  
Virtual Reality ◽  
Social Relations ◽  
Social Communication ◽  
Mass Communication ◽  
Social Needs ◽  
Conceptual Representations ◽  
Communication Processes ◽  
The Social ◽  
Communication Space ◽  
Definition Of

The authors consider the problem of communication as social reality in the context of conceptual representations of non-classical ontology. These views are based on the idea of variability in the interpretation of basic philosophical category of reality. Works of Chris Berry, Jean Baudrillard, Robin Dunbar, Paul Lazarsfeld, Harold Laswell, Andrew Zverintsev, Charles Cooley, Merab Mamardashvili, Alina Panfilova, Alan Pulford, Paul Smith, Arkady Ursuland and others are devoted to this problem.The article aims to clarify the ontological meaning of the concept «communicative reality». It can resolve conceptual representations of non-classical ontology that is based on the idea of variability of interpretation basic to the concept of space is a philosophical category of reality.Non-classical ontology interprets the concept of «reality» as a collection of objects and phenomena that have approximately the same being or exist in the same way. If being is the property of objects, and existence is their procedural characteristics, then reality is the very objects that possess this property and realize this action. Thus, the objects and phenomena of the material world exist in one way and form an objective reality. There is another way and form of artistic reality. Plans, projects, fantasies have a way of existence and form of mental reality. Therefore, there is an idea of coexistence of different realities. Thus, it is possible to consider not only one reality («actually existed»), but also different realities that constitute the «sector of existence». In this case, it is necessary to speak not about reality, but about reality in a particular sector of life (objective, subjective and virtual reality). That is, the communicative reality can be defined as the particular sector being associated with a subjective interpretation of the real world. Is it possible to define a specific combination of objects, existing solely in the communication processes according to the laws that differ from laws of objective and virtual reality?Therefore, social communication is the result of the interaction of objectively existing segments of the social structure, with defined interests and requests. Social communication is based on existing channels of social ties and actually existing social interests and preferences. It is established that the person prefers to obtain information from a limited number of sources, which he/ she considers asthe closest social environment. Information is perceived positively if it meets social needs of individuals. Information influence that does not consider requests and exceeds the threshold of perception is filtered out as information noise. The patterns of perception of information determine certain forms of informational influence.Thus, the communicative reality even when generating a virtual picture of the world relies on objectively existing social relations, patterns of perception of information and the channels of mass communication. To sum up, the authorsgive an ontological definition of communication space– a set of conditions of interaction of social facilities, with a focus on specific layers of links between the communication objects.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

scholarly journals Theoretical aspect of unification of legislation.

2020 ◽  
Vol 11 (11) ◽  
pp. 107-110
Author(s):  
Kleshchenko N.O.
Keyword(s):  
Social Relations ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
Point Of View ◽  
Legislative Process ◽  
Legal Systems ◽  
Legal Space ◽  
Definition Of ◽  
Domestic Law

The article examines the theoretical aspect of unification and its impact on the effectiveness of legislation. It is noted that regardless of the place of creation, the legislative process has always been and remains a difficult task, the solution of which requires a comprehensive approach. Unification is studied from a philological and legal point of view. It is emphasized that unification has been actively studied with the development of international organizations, and is an effective way to regulate legislation and integration into the international legal space, as expressed in the joint cooperation of different countries through the adoption of similar legal acts. It is now widespread in the legal systems of countries such as Denmark, Sweden, Finland, where maritime, trade, contractual, binding legislation, etc. are unified. Unification directly affects the quality of legislation, as well as contributes to the convergence of legal systems. In general, it can be described as a way of converging legal systems by forming a uniform legal regulation within the relevant legal space. The points of view of legal scholars on the definition of the concept of unification of legislation are considered. Unification is characterized as a process of streamlining legislation in order to uniformly regulate social relations in different legal systems. Emphasis is placed on the mandatory implementation of unified norms in the domestic law of the state. Key words: unification of legislation, legal regulation, implementation, system of legislation.

Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

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