scholarly journals The Philosophical Views Of Eastern Scientists On Social Justice

2021 ◽  
Vol 03 (02) ◽  
pp. 269-274
Author(s):  
Kudratillo Mukhitdinovich Yunisov ◽  
◽  
Mukhiddin Ortikovich Sattorov ◽  
Keyword(s):  
Social Justice ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
Social Relations ◽  
The State ◽  
Scientific Article ◽  
The Rule Of Law

This scientific article provides a detailed analysis of the philosophical views of Eastern thinkers on social justice, the priority of the rule of law in the management of society, the emergence of such functions of the state as the management and regulation of social relations.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

scholarly journals The Role of the State in Preservation of the Law in the Works of Police Scientists

2020 ◽  
Vol 17 (3) ◽  
pp. 5-16
Author(s):  
Nadezhda Biyushkina
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Scientific Article ◽  
Law And Order ◽  
Protective Function ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Legal Method ◽  
Role Of The State

Introduction. The relevance of this scientific article is due to the fact that the problem of law enforcement is directly related to the protection of the rights and freedoms of the individual, the successful development of individual social groups and society as a whole. Purpose. The authors set a goal to analyze the views of such researchers as R. von Mol, N. Delamar, I.T. Tarasov, I.E. Andreevsky, V.F. Deryuzhinsky, N.N. Belyavsky, V.M. Hesse and others on a number of major problems: the tasks of the police in law enforcement, the correlation of concepts: “law and order” and “deanery”, measures of police control and supervision, issues of combating criminal and political crime. Methodology. In preparing the scientific article, a system of methods for studying legal reality was used (general scientific methods: synthesis, analysis, deduction, induction, system-structural method; private scientific methods: dogmatic method, historical and legal method, comparative legal method, chronological method, retrospective analysis method). Results. In the course of the research, it turned out that for police scientists, the idea of the decisive role of the state in protecting the rule of law is characteristic. Conclusion. In their writings, police scientists emphasize the idea that the role of the state in the protection of the rule of law lies in the multifaceted activities of the police authorities, performing the protective function of the state. The concept of law and order during the study period was inseparable from the term “deanery” and constituted its legal basis. The goal of the state in the representation of power and society XVIII – beg. XX centuries there was an idea of a common good, repeatedly proclaimed both in legislative acts and in the writings of police researchers.

scholarly journals International Political Authority: On the Meaning and Scope of a Justified Hierarchy in International Relations (Voelsen & Schettler, 2019)

2021 ◽  
Vol 9 (1) ◽  
pp. 95-99
Author(s):  
Bogdana Sybikowska
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
International Organizations ◽  
Political Authority ◽  
The State ◽  
Global Order ◽  
The Rule Of Law ◽  
International Authority

Abstract This article is a review of a paper titled International political authority: on the meaning and scope of a justified hierarchy in international relations written by Daniel Voelsen and Leon Schettler. The growing power and authority of international organizations has been perceived by many as a sign of a new global order where the concept of sovereignty of the state is replaced with the constitutional principles of democracy, human rights and the rule of law. Recently, a tendency has been observed to consider international organizations as autonomous, legitimate institutions possessing political authority. However, it is rather challenging to find one and the complex understanding of political authority that encompasses all components that construct it. Voelsen and Schettler offer a detailed analysis of the concepts of international authority that are present in the literature and even criticize them. In this article, the conducted research is reviewed and scrutinized in detail.

scholarly journals THE SUBJECTS OF ADMINISTRATIVE AND LEGAL REGULATION OF MEDIATION

2020 ◽  
Vol 1 (9) ◽  
pp. 106-111
Author(s):  
Ksenia Tokareva ◽  
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
State Policy ◽  
Legal Regulation ◽  
The State ◽  
Local State ◽  
Third Party ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Governmental Institutions

The article is devoted to the study of the subject composition of the administrative and legal regulation of mediation. The development of alternative ways of resolving disputes and conciliation procedures is one of the priority areas for improving the mechanism for protecting violated subjective rights. Mediation has proven its effectiveness for both the state and society, as evidenced by its legal regulation in most foreign countries. A dispute resolution procedure involving a neutral third party can improve access to justice, which is fully in line with the rule of law in any developed state governed by the rule of law. New tendencies towards the peaceful settlement of disputes (conflicts) contribute to the achievement of social harmony in society. As Ukraine is one of the few countries in Europe where there is no legal regulation of mediation, the study of the subjects of administrative and legal regulation of the procedure is relevant. The study took into account the division of legal regulation into state and non-state. Domestic scientific views on the system of subjects of administrative and legal regulation in various spheres of public relations were analyzed. The problem of lack of administrative and legal regulation of the social and legal institution of mediation in Ukraine was emphasized. The author proposed his own list of subjects of administrative and legal regulation of mediation. The system of such entities includes the state, its bodies and non-governmental institutions that exercise powers in the relevant field. The main directions of the state policy in the field of implementation of the mediation procedure in Ukraine were also identified. The importance of actively promoting and stimulating the development of mediation, consolidation and protection of new social relations that arise during the mediation procedure, setting quality standards for mediation and requirements for professional mediators, control of such activities. The author focuses on the disclosure of competence, legal forms of activity of management entities. It is stated that the main subjects of mediation`s regulation in Ukraine are the President of Ukraine, the Parliament of Ukraine, the Parliament’s Commissioner for Human Rights, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Supreme Court, local state administrations, NGOs and mediators' associations. It is substantiated that this list can be expanded by a special executive body in the field of mediation. Based on the analysis of current legislation, rule-making and law enforcement practice of Ukraine and European countries, a scientific approach to solving current problems of formation and implementation of state policy in the field of access to justice and mediation is proposed. It is proposed to keep registers of mediation by both central executive bodies and local state bodies or local self-government bodies. The successful foreign experience of functioning of the corresponding mediation services in various branches of law is resulted.

scholarly journals Does Normativity Contribute to the Effective Protection of Rights? Reflections on the Concept of Normativity in the Modern Ukrainian Doctrine of Law

2021 ◽  
Vol 4 (3) ◽  
pp. 155-169
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Positive Impact ◽  
The State ◽  
Social Regulation ◽  
Due Diligence ◽  
Effective Protection ◽  
The Rule Of Law ◽  
State Coercion ◽  
Ukrainian Society

Normativity is considered the basis for the implementation of social regulation. However, this regulation of social relations must be organised and have a positive impact on the development of society. Normativity is considered to be the primary, original property of social reality due to the natural demand for establishing order and its integral ability for self-organisation. The integration of elements into a balanced system is carried out through their coordinated interactions, resulting in something new, which has a unique integrative quality, provided that this quality was absent before their integration into the system. At the same time, nowadays, the phenomenon of normativity is studied mostly from traditional positions. A number of well-known works that raise the issue of normativity were written in the middle of the last century under conditions of an ideological monopoly and are unlikely to enrich the modern understanding of the normative nature of law. Today, in the Ukrainian scholarly literature, because of Soviet remnants, only the formal (positive- empirical) side of normativity is being assessed, which leads to it being replaced by the concept of state coercion. In general, this leads to the spread and dominance of extremely negative phenomena in Ukrainian society, among which the total non-enforcement of court decisions is worth mentioning. The solution to this problem cannot simply be improving coercive measures of the state alone – there must be changes to understanding the rule of law and, in particular, the nature of normativity. The analysis of the method of objectification (formation) of the due diligence of law will significantly contribute to targeting this problem because the latter is not solely derived from the dictates of the state (or the empirical phenomena). However, the key focus is finding the answer to one of the most important questions of jurisprudence and the philosophy of law, namely: ‘Why should a person obey the law?’. Thus, we are highly motivated to initiate a philosophical and legal rethinking of approaches to the normativity of law and the legitimation of state and legal processes. This article is an attempt to target a discussion in this sphere.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Conclusion

2018 ◽  
Author(s):  
Fanie du Toit
Keyword(s):  
South African ◽  
Social Exclusion ◽  
Rule Of Law ◽  
The State ◽  
African History ◽  
Divided Societies ◽  
The Rule Of Law ◽  
South Africans ◽  
Social Goods ◽  
Forward Looking

Reading South African history through the lens of interdependence helps explain the disappointment that many South Africans feel in relation to reconciliation. While they are justified in feeling let down, owing to rising inequality and social exclusion, it is wrong to blame Mandela’s strategy of just interdependence because it was abandoned too early. In seeking to overcome oppression, reconciliation is forward-looking and predicated on rebuilding relationships in divided societies. Dealing with a violent past is valuable when striving for a more just future. Reconciliation fosters just, inclusive, and fair societies and is locally owned and driven. A progressive approach to reconciliation is also needed. Reconciliation recognizes the inherent interdependence between citizens themselves, and between citizens and the state. These relationships are progressively re-established in more just ways. In so doing, it helps to create conditions in which social goods such as forgiveness, the rule of law, or democracy become possible.

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