Beschaffungsdienstleister im Vergabeverfahren

For the first time, this research opens up the field of procurement services, which has long existed in the real world, in a profound and comprehensive manner by developing a phenomenology and typology based on Art. 2 (1) No. 17 Directive 2014/24/EU. In essence, Nicole Lieb sheds light on the legal status of the procurement service provider and examines the legal requirements for the division of labour between it and the contracting authority in the context of an award procedure (the whether, the how and the consequences). Finally, valuable legal policy suggestions are made for the professionalisation of public procurement.

Die öffentlichen Förderbanken in Deutschland

In recent years, public development banks have increasingly become the focus of legal policy, whether in the wake of the financial crisis or, more recently, in the wake of the Corona crisis. The work subjects the public development banks, which have so far been discussed in the legal literature at best in relation to individual issues, to a detailed legal examination, taking into account the various organizational forms and legal foundations as well as the special "business model", which is characterized by the public mandate, the state protection as well as a state influence and control. Finally, the paper deals with the application of banking supervision law to public development banks, taking into account this special business model.

Transplantation, Legal Adoption, Harmonization of OMNIBUS LAW and Investment Law

The best way in an effort to manage investment is by transplanting, adopting laws, harmonization by making breakthroughs to existing regulations, such as in the case of implementing the Job Creation Law. The Omnibus Law offered by the government as a “practical and pragmatic” solution is a political and legal policy to cut various regulatory barriers, to simplify bureaucracy, to accelerate services, to increase efficiency, to increase competitiveness, and to prevent opportunities for corrupt behavior. The government must evaluate this law (Job Creation) where there is still overlap without regard to regulations. The statement of the problem in this scientific paper is why there is a conflict of interest and regulations that are not in accordance with the laws and regulations? As normative juridical research, this research is based on an analysis of legal norms. The Omnibus Law is a political product. In the process of its discussion, the law resulted from a political process. The government must evaluate this law (Job Creation) where in the process of making it there is still overlap without regard to regulations.

Legal policy and legal culture

Problem setting. The current stage of world development is characterized by the deepening of the processes of integration of political, economic, cultural life of the world. The term “globalization” has come into wide use as a characteristic of the formation of a single planetary society. Target of research is to highlight the main provisions of the dynamic system of knowledge about the information society, the legal policy of the country as a tool for legal development of modern society. Analysis of resent researches and publications. The issue of correlation between legal policy and legal culture has been analysed by V.D. Zorkin, A.V. Malko, V.A. Zatonsky, I.V. Yakovyuk and others. Articles main body. The article states that the implementation of effective legal policy at the present stage of development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening the rule of law, information society, digital competitive market economy, ensuring human and civil rights and freedoms. It is emphasized that the social dimension of globalization is studied in terms of the possibility of building a global civil society with common values and ideological attitudes, a high level of social mobility, the emergence of global culture and the globalization of public consciousness. The concept of digital society and its principles are analyzed. It is determined that legal policy is a reflection of the fact that the law itself should act as a way of building, arranging the modern world. The connection between legal policy and legal culture is emphasized Conclusions.and prospects for the development. It is concluded that legal policy, which is based on the legal culture of society and the individual, is an effective means of organization, a way of organizing the legal life of society. It is the state that must take on the roles of leader and experimenter, regulator and defender and promoter of digital transformations in Ukraine.

Peranan Hukum Dalam Persepektif Filsafat Terhadap Pemberantasan Korupsi

Tindak pidana korupsi bukan saja dapat dilihat dari perspektif hukum pidana, melainkan dapat dikaji dari dimensi lain, misalnya perspektif legal policy (law making policy dan law enforcement policy), Hak Asasi Manusia (HAM) maupun Hukum Administrasi Negara. Tindak pidana korupsi merupakan salah satu bagian dari hukum pidana khusus. Apabila dijabarkan, tindak pidana korupsi mempunyai spesifikasi tertentu yang berbeda dengan hukum pidana umum, seperti penyimpangan hukum acara dan materi yang diatur dimaksudkan menekan seminimal mungkin terjadinya kebocoran serta penyimpangan terhadap keuangan dan perekonomian negara.

PROSPECTS FOR THE USE OF BLOCKCHAIN TECHNOLOGIES IN THE SYSTEM OF STATE AND LEGAL POLICY

The article contains a study of the prospects of using block chain technologies in the system of state and legal policy. The entire document flow implemented within the framework of public administration related to the identification of identity transactions, payments and identification of subjects of legal relations, cadastre management, as well as law-making, law-making and law-protecting practices in general are able to qualitatively improve their level, become more effective and improved with the use of the latest achievements in the system of information security – block chain technologies.

Criminal policy in countering corruption crimes related to bribery and other illegal remuneration (legislative aspect)

Criminal policy is part of state policy, defining the main objectives and means to influence crime through legislative activities related to change, first, criminal, criminal-procedural, criminal-executive legislation. Through a scientific methodology of a documentary nature, the objective of the research is to analyze the criminal and legal policy of the State in the fight against crimes related to bribery and other illegal remuneration. It should be noted that the criminal policy of crimes related to bribery and other illegal remuneration is currently in crisis. It is concluded that there is a tendency to increase the range of criminal acts related to illegal remuneration, to broaden the scope of the criminal regulation of liability for illegal remuneration by making changes and additions to the composition of offences related to illegal remuneration, and to criminalize new types of acts related to unlawful remuneration, which is associated with the assessment of the role of illegal remuneration as a particularly dangerous criminal phenomenon, which has a significant negative impact on protected public relations.

Energy security as a kind of public security: doctrinal-methodological and criminal-legal aspects of implementation

The subject of the study is the strategic directions of ensuring public security in the Russian Federation at the present stage. One of the directions of ensuring public safety is recognized as the safety of the fuel and energy complex. In this regard, the analysis of the state, structure and dynamics of crime in the fuel and energy complex is carried out. Attention is focused on the implementation of the Russian criminal law policy in the field of combating crime in the fuel and energy complex, taking into account the norms of international law. The purpose of the study is to uncover the elements of crimes in the fuel and energy complex that constitute the crime of this orientation. Particular attention is paid to the consideration of a set of measures for the prevention and prevention of this type of crime, taking into account the interaction of measures of a criminal, criminological and administrative nature. The methodological basis for the study of measures to combat crime in the fuel and energy complex is a combination of general scientific and private scientific methods that have predetermined a comprehensive approach to the study of legal policy in the field of countering this type of crime, taking into account the ongoing reform of the socio-economic system in the Russian Federation. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of legal liability for fuel and energy crimes. The main results of the study contain conclusions and proposals aimed at improving measures to counteract crime in the field of the fuel and energy complex, including improving the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering encroachments of the fuel and energy sector. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed crimes in the field of fuel and energy complex. The novelty of the research topic consists in the formulation of the problem associated with the establishment of the causes and conditions of crimes of fuel and energy orientation as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crime in the field of fuel and energy complex. The conducted research reveals the legal nature of crime in the fuel and energy complex; features of measures to counteract crimes of fuel and energy orientation; trends in the legal regulation of fuel and energy crimes; the specifics of the mechanism of legal regulation of legal liability for fuel and energy crimes. The opinion is expressed that there is no categorical and legal assessment of the concept of fuel and energy crimes in the domestic legislation, which predetermined the recognition of measures of criminal and legal influence as a strategic resource for countering fuel and energy crime. Conclusions are formulated about the factors that determine the legislative regulation of fuel and energy crimes, and the specifics of the implementation of punishment and other measures of a criminal nature.

National development strategies in terms of ensuring environmental rights and interests: Comparative approach

The study is devoted to scientific and theoretical analysis of the principles of state activity in the development of national policy in the context of ensuring human’s environmental rights and interests, the creation of effective legal mechanisms for their guarantee, exercise, and protection, solving systemic issues in this area. The purpose of the study is a comprehensive examination and analysis of legislation from the standpoint of greening national and foreign policy, national development strategies. The methodological basis of the study is a set of general philosophical, general scientific, special scientific, and legal methods. It is proposed to consider greening as a multifaceted phenomenon. In general, the state environmental policy is a component of state policy, which fixes its strategic goals and objectives, defined for the future, considering environmental factors. It is proved that at the legislative level there should be clear mechanisms for the legal support of integration of environmental policy into sectoral, national, and regional strategies, local action plans, and interaction with civil society institutions, the scientific community. It is argued that modern state environmental policy and further systematisation of environmental legislation should be based on the provisions of environmental law doctrine to consider modern approaches to environmental regulation, integration of environmental requirements and regulations to state planning, sectoral, regional, and local development. Based on conducted research and synthesis, proposals and recommendations for the development of a unified concept of legal policy, in particular, environmental legal policy as its component, also, for the improvement of national regulatory framework (namely by adopting the Concept of systematisation of environmental legislation and modernisation of the contemporary strategy of state environmental policy) are elaborated