Field Of Legal Relations Research Articles

Partnership Relations Between the National Police and the Community in the De-Occupied Territories of Ukraine

The purpose of the article is to determine the essence and features of partnership relations between the National Police and the community on the basis of current Ukrainian and foreign legislation, different opinions of scientists, and empirical data, as well as identify the main problems and propose effective methods of solving them in the de-occupied territories of Ukraine. The methodological basis of the study is comparative legal and systemic analysis, formal legal method, interpretive method, as well as methods of analysis and synthesis. The partnership of the National Police with the population was characterized and its features were revealed. In the context of the research topic, individual points of view of scientists regarding building an effective partnership between the police and the community were considered. Such legal categories as “occupation”, “de-occupation” and “reintegration” of territories were characterized and their features were distinguished. The problems of organization and functioning of partnership relations between the National Police and the community were considered. A conclusion was made about the importance of cooperation with active residents of the community in the de-occupied territories with the National Police in order to more effectively prevent new crimes. Taking into account the current legislation and positive international experience in this field of legal relations, optimal directions and forms of interaction between the National Police of Ukraine and public formations in the de-occupied territories were proposed.

SOCIAL VALUES AND GOALS OF ADMINISTRATIVE LAW NORMS AS KEY CATEGORIES OF OBJECTIVES IN ADMINISTRATIVE LAW

The article reveals the content of social values and goals of administrative law norms as key categories of goal setting in administrative law. It has been found that the role of social values, on which the subject of goal-setting of legal norms is oriented (should be oriented), is manifested in the following functions: 1) values form a specific picture of the world, a kind of cultural (civilizational) worldview of the era, taking into account a certain scale of values; 2) values form a system of transmitted experience, in which innovations and traditions are in a state of synthesis; 3) values act as the basic basis of the thinking style of a person of a certain era, they contain a model of the variability of a categorical way of thinking and a basis for the formation of new categories. It is proven that since the goal expresses the future and desired state of the object of activity based on the perceived value, it cannot be detached and indepen­dent from the social scale of values. However, when it comes to goals and values in law, there are specific connections between social values and the goal of law as a whole or the goals of its elements (branches of law, legal institutions, legal norms). The lower the level of elements of the legal system (law as a regulator of social relations, branch of law, legal institution, legal norm), the less the dependence of their goals on social values. That is precisely why, when characterizing law as a regulator of social relations, there is always a need to correlate its goals with social values. The same thing happens at the level of branches of law, because both legislators and scientists working in this field of legal relations try to emphasize the conformity of the goals of, for example, administrative law with certain social values. It was concluded that the relationship between the social value and the goal, as an element of goal-setting of the rule of administrative law, is as follows: 1) not every goal of the rule of law is a mandatory reflection of some specific social value, it just must not contradict the existing social values in society; 2) the goals of a large number of legal norms are formed not on the basis of social values, but on the basis of the needs of practice.

LEGAL FACTORS OF MARKETING ACTIVITIES: FOREIGN EXPERIENCE AND PROSPECTS FOR UKRAINE

A fundamental approach to the study of theoretical issues and problem solving is the basis for the practical application of marketing activities in Ukraine. The article is devoted to the analysis of the principles of administrative and legal regulation of marketing activity, taking into account foreign experience. The author paid attention to the establishment and development of marketing schools as a basis for establishing marketing activities. It was found that American and European schools are characterized by a significant multilevel and effective combination of state control and self-regulation. Competition in Ukraine as an object of administrative and legal support has been studied. The measures of an administrative nature, which are taken by the relevant entities for the proper implementation of the administrative and legal protection of competition in the European Union, are highlighted. An attempt is made to characterize marketing information, the main legal acts in this area and problematic issues requiring legislative regulation are considered. The work examines certain issues of the theoretical, methodological and legal foundations of information relations in the field of advertising services. The main trends of the legislative regulation of advertising activity in the countries of the European Union are analyzed. Attention is paid to the system of consumer rights protection, in particular attention is paid to the global practice of activity in this field of legal relations. It was established that the adaptation of the national legislation regulating relations in the field of marketing activities should be carried out taking into account modern conditions and requests of the marketing industry. The evaluation of the activities of the bodies included in the system of state regulation of the marketing industry was carried out. The analysis of regulatory and legal support of marketing activity in Ukraine made it possible to establish that the main problems of the legislative framework are related to the imperfection of the conceptual and terminological apparatus, the insufficiently clear definition of the administrative and legal influence on entities that carry out marketing activities, the fragmentation of the powers of controlling bodies, the absence of legislative the basis for the development of the self-regulation system. On the basis of the researched materials, conclusions were formulated regarding the improvement of administrative and legal regulation of marketing activity in the direction of harmonization with European legislation and the expansion of many important interpretations and provisions.

К вопросу о соотношении понятий "холдинг", "группа лиц" и "финансово-промышленная группа"

There is no general definition of the concept of “holding” in Russian legislation. There is no federal law that would regulate the activities of holdings, groups of individuals and financial and industrial groups. Purpose. The authors' aim is to analyze the existing forms of participation of organizations in business associations. Distinguish between the concepts of “holding”, “group of persons” and “financial and industrial group”. Methodology. As the methodological basis of the research, the general principles of scientific cognition (comprehensiveness, consistency, objectivity, methodological pluralism), the general philosophical method (dialectical), general scientific methods of cognition (comparison, ascent from the abstract to the particular), general logical methods (analysis, synthesis, induction, deduction, generalization, classification, abstraction), specially-legal methods (formal legal, method of interpretation of legal norms, dogmatic). Results. As a result of the conducted research, various forms of business associations were analyzed, it was revealed that a financial and industrial group is a private manifestation of a holding, and a holding is a private manifestation of a group of persons. It is noted that the adoption of the federal law “On Holdings” would allow for a clearer delineation of the analyzed concepts, which would contribute to the improvement of legislation in the field of legal relations under study. Conclusion. This article is of interest to the scientific community because it forms and systematizes the theoretical basis for further research on the problems of various forms of business associations.

TRUSTEE SUBSTITUTION: LEGISLATIVE GAPS, DOCTRINAL CONTROVERSIES AND JURISPRUDENTIAL SOLUTIONS (I)

Our study aims to bring to attention a type of contract of major importance in the field of legal relations, namely the mandate, focusing on the issue of trustee substitution, with all the consequences that derive from such an operation. Thus, in the first part of the article, we shall analyze the obligation of the trustee to personally carry out the mandate and, as a derogation from this rule, the possibility of the agent to substitute another person. We shall discuss the legal nature of this operation, differentiating it from the subcontract and the assignment of contract. Then we shall review the effects it generates on the relations between the principal and the primary trustee, between the original trustee and substitute, as well as between the contracting parties and third parties, both in the case of authorized and unauthorized substitution. We shall address the multiple facets of the relationship between the principal and the substitute agent in the second part of this article, as it has caused numerous debates, mainly related to the possibility of initiating a direct action between the parties at the "extremes" of the substitution operation, and its unilateral or reciprocal character.

ПРАВОВЕ РЕГУЛЮВАННЯ ЗЕМЕЛЬНИХ ВІДНОСИН У ГАЛИЧИНІ У СКЛАДІ АВСТРІЇ ТА АВСТРО-УГОРЩИНИ (1772–1918 РОКІВ)

The article reveals the peculiarities of the formation and development of legal regulation of land relations in Galicia as a part of Austria and Austria-Hungary (1772–1918). It is noted that such legal regulation was carried out on the basis of individual imperial patents, ministerial orders and instructions, and starting from 1861, decisions of the Galician Regional Diet were added to them. A separate complex normative legal act - the land code in the modern sense of the term, which would regulate land relations at the time under study, did not exist in the Habsburg monarchy. Only after the adoption of the Civil Code in 1811, it was possible to unify a number of aspects in the field of legal relations in the land sector. But even in that case, the Civil Code of 1811 actually regulated only what arose from the property rights to a land plot, providing a number of norms, the purpose of which was to protect the rights of noble property. In 1828, a new land cadastre called «definitum» was introduced in Galicia, which operated until the beginning of the Second World War. Another change in the legal regulation of land relations in Galicia took place after the «Spring of Nations» revolution. On June 7, 1883, the Comassation (Combination of Land Plots) Act was passed. The latter, in particular, provided for the right to combine land plots with the participation of representatives of the authorities and in accordance with the current legislation. Austrian civil law recognized land as unlimited property with the right of «use» and «abuse». However, there was a difference in the legal status of individual lands. In particular, the subject who owned the land did not have the right to divide it, pledge it, or even inherit it. At the same time, the court (dominia) did not have the right to divide this land or exchange it for another without government permission. Also, with the permission of the government, the yard could remove an unwanted peasant from the soil, but it was necessary to plant another one in his place. Restrictions on the ownership, tenure or inheritance after the abolition of manor in 1848 became much less, as they were no longer determined by manor relations. After the abolition of the master's power over his subjects and the transformation of the peasants into the subjects of the emperor, the state placed the peasants under the jurisdiction of the public authorities. Urbarial relations were recognized as a sphere of private law civil relations. But even despite the gradual improvement of the legal framework for the regulation of land ownership, land use, lease, pledge or inheritance, vestiges of patrimonial law were preserved and constantly revived in land relations.

Procedural Features of Consideration of Cases on Challenging Decisions, Actions (Inaction) of Draft Boards and Bodies of the Military Commissariat

The allocation of cases on challenging decisions, actions (inaction) of draft boards and military commissariat bodies from the total mass of administrative cases arising from public legal relations and considered in accordance with Chapter 22 of the Code of Administrative Procedure of the Russian Federation is due to the specifics of the rights and obligations of citizens in connection with the implementation of measures for military service on conscription, legal consequences associated with non-military service on conscription, in particular, with restrictions on the passage of state civil service, filling positions in law enforcement agencies, working in the judicial system, as well as in connection with the peculiarities of regulatory legal regulation in the field of legal relations under consideration. Such specifics of the regulatory framework, subject composition, time limits, nature and content of this category of administrative cases entail procedural features of their consideration, which courts should take into account in their practical activities. The purpose of this article is to offer practical recommendations to the courts on the consideration of cases on challenging decisions, actions (inaction) of draft boards and bodies of the military commissariat. The achievement of this research goal led to the formulation and solution of the following tasks: to specify the subject composition, to identify the features of proof, the application of procedural deadlines, to determine the permissible measures of preliminary protection, to reveal the features of the content of the court decision in cases of challenging decisions, actions (inaction) of draft boards and military commissariat bodies. The methodological basis of the study was the dialectical method of scientific knowledge, analysis, comparison and generalization of the judicial administrative cases challenging the decisions, actions (inaction) of draft boards and bodies of the military Commissariat handled in the courts for the period 2017– 2020. The authors propose procedural and legal algorithms for resolving some issues related to the consideration of cases on the protection of citizens’ rights in the implementation of conscription measures.

Human Dignity from Inherent to Constitutional Value

Human dignity is the nature of a human being. It became a modus of human existence, which differentiates humans from other biological species. Human life and human dignity are declared the priority values in international conventions and declarations. Intrinsic character of human dignity was the forerunner for the development of the new multidiscipline named bioethics in the XX century. This article begins with the basics of international regulations in the field of human dignity, definitions, analysis of main characteristics and doctrines of human dignity, inherent values and constitutional values. Further the author stresses the importance of understanding the meaning of inherent human dignity in connection with manipulations with somatic rights. The author concludes that the lack of human life and human dignity evaluation is the main point of the core principle of inherent human dignity based on personal selfawareness. In this regard the article focuses on the statement that human dignity should be an absolute value based on bioethical principles. Then the author goes on to compare constitutional values and human dignity as a value. The research is concluded with the suggestion that inherent human dignity is a base of constitutional values in the particular field of legal relations. In addition, inherent dignity may be the framework of constitutional values.

Administrative services in the sphere of economic competition

The article considers the issues of administrative services provided by the bodies of the Antimonopoly Committee of Ukraine and other bodies of public administration in the field of application of the legislation on protection of economic competition.
 The range of subjects of public services in the field of application of the legislation on protection of economic competition to which it is offered to carry bodies of the Antimonopoly committee of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Economy of Ukraine is defined.
 The list of services provided by the Antimonopoly Committee of Ukraine is determined. These include:
 1) granting permission for concentration;
 2) granting permission to coordinate actions;
 3) issuance of additional copies of certified copies of decisions on issues provided for in part two of Article 34 of the Law of Ukraine "On Protection of Economic Competition";
 4) preliminary conclusions on the qualification of actions (Article 14 of the Law of Ukraine "On Protection of Economic Competition");
 5) preliminary conclusions on concentration, concerted actions.
 It is proposed to extend the provisions of the Law of Ukraine "On Administrative Services" to services provided by the Antimonopoly Committee of Ukraine insofar as it does not contradict the legislation on protection of economic competition. Proposals have been developed to amend the Regulations on the procedure for submitting applications to the Antimonopoly Committee of Ukraine for prior obtaining a permit for concentration of economic entities in terms of clarifying the subjects of application for a concentration permit. Administrative services of the Antimonopoly Committee of Ukraine are service activities of the Antimonopoly Committee of Ukraine defined by normative legal acts aimed at meeting the private needs (interests) of business entities in the field of legal relations arising in connection with the application of legislation on protection of economic competition. related to the protection of their legitimate rights and interests). The administrative service of the bodies of the Antimonopoly Committee of Ukraine is provided exclusively on the basis of the application of the relevant business entity. Based on the results of the administrative service, the Antimonopoly Committee of Ukraine provides the subject of the application with an administrative act (permit) or a document.

On the issue of the need to unify legislation in the field of legal relations for compensation for harm caused as a result of illegal criminal prosecution

On the issue of the need to unify legislation in the field of legal relations for compensation for harm caused as a result of illegal criminal prosecution

Formation and development of the doctrine of heirless (vacant) succession in Ukraine

The author studied the formation and development of the doctrine of heirless (vacant) succession in Ukraine. It has been determined that the probate law in Ukraine, as well as other legal phenomena, has followed its evolution, development and enrichment upon various historical stages of Ukrainian people and was closely tied with the existence or absence of Ukrainian statehood. The modern standards in this particular field of legal relations have been gradually established. The Kyiv State did not have the institution of heirless property because household assets of the ancient Ruthenian family were in collective property of the whole family and not in the property of an individual father-householder. That is why it was not succession but a mere redistribution of household assets remaining in joint possession within the family. The term «heirless property» was first specified in Lithuanian-Ruthenian state in Lithuanian Statutes (1566): if there were no heirs-at-law and by will, the property was acknowledged as heirless and devolved upon the state. For the legal system of Hetmanship era the primary source was the ancestral character of succession and devolution of the inheritable property to a public entity was an exception. Moreover, in Ukrainian legal tradition, the visible is the competition between acknowledging a vacant succession as an heirless property and extension of the institution of succession upon these relations. In Ukrainian SSR heirless succession devolved upon state. Modern civil law of Ukraine lacks the concept of heirless property (succession). The new Civil Code of Ukraine (2003) introduces the concept of «heirless succession» (Art. 1277). Ukrainian law applies European and international norms and standards. Along with this, the process must comply with the legal mentality of the Ukrainian people, with values and authenticity of its legal culture. Having adopted the Civil Code, Ukraine made and important step to the integration into the continental legal system, and the probate law acquired a new concept of heirless succession, when: firstly, available succession may be declared in judicial proceeding as heirless, and after that it devolves upon territorial community where it was commenced; secondly, the state is excluded both from the circle of heirs-at-law and from the circle of the entities-heirs of the succession acknowledged as heirless. The author specifies that the Ukrainian legislators did not take into account the Euroean experience during codification of the civil legislation, hence there are a number of issues that must be dealt with, so that Ukrainian legal system could completely meet the international standards. In EU countries the holder of the right for the heirless property is the state, in Ukraine it is a territorial community which outweighs the efficiency of the function of non-subjectivity elimination what heirlessness is intended for. Since a territorial community does not and cannot own so much civil capacity as the state. The author reveals some drawbacks in legal regulation of the issue and develops proposals to improve the probate law in Ukraine. Key words: succession, heirlessness, heirless property, legator, legatee, territorial community.

Правове регулювання інформаційних відносин у сфері електронної комерції

The article analyzes the normative legal acts that regulate information relations in the field of e-commerce. Emphasis is placed on such normative legal acts as the Law of Ukraine «On Electronic Commerce» and the Law of Ukraine «On Electronic Trust Services», as these normative legal acts played a major role in regulating information relations in the field of electronic commerce. Thus, in particular, the Law of Ukraine «On E-Commerce» defines the organizational and legal framework for e-commerce in Ukraine, establishes the procedure for electronic transactions using information and telecommunications systems, defines the rights and responsibilities of participants in e-commerce and for the first time a number of definitions used in the field of legal relations with electronic transactions, and the adoption of the Law of Ukraine «On electronic trust services» has significantly expanded the range was to identify the participants in electronic commerce. It is noted about the dynamic growth of online commerce in Ukraine, as well as the presence of a number of unresolved issues in the domestic e-commerce market. It was emphasized the need to implement national legislation to European and strict observance of the rights of all participants in these relations. Keywords: informational relations, electronic commerce, Internet, electronic business

CONCEPTUAL COMPONENT OF THE CONCEPT OF ADMINISTRATIVE AND LEGAL STATUS OF JUDICIAL GOVERNMENT BODIES IN UKRAINE

The article reveals essence of concept «administrative and legal status subjects of judicial governance in Ukraine». It is determined that legislation does not detail and disclose essence activities subjects of judicial governance in Ukraine. This makes it very difficult to properly understand place and significance of such subjects. The possibility of applying word "concept" to phrase "administrative and legal status subjects of judicial governance in Ukraine" has been clarified. It was found that this is quite justified, because, firstly, it is a theoretical construction that has no legislative interpretation (fixed, established definition, which makes it impossible to add to its essential understanding of subjectivist provisions of a particular scientist); secondly, the lack of both views and unity of understanding on the appropriateness of its application indicates the need for further scientific substantiation or refutation of this. Without emphasizing that term "concept" is almost not applicable to scholars in legal science, focused on deriving the features of phrase "administrative and legal status subjects of judicial governance in Ukraine". It is noted that scholars are not talking about the administrative and legal status of public authorities, but about its basis, which is not narrowed by field of existence public relations an administrative nature (category "legal status" due to essential understanding of which directly covers the role and importance specific state body in the mechanism of regulation, protection or provision public and individual interests). Found out that legal status of subjects judicial governance in Ukraine determines legal status each representative of their system in an undefined field of legal relations, establishing general rules, standards and conditions for their development, and their administrative and legal status is characterized by reference to this area in particular, emphasis on the public sign of relationship and specification of rules, standards and conditions their development.

Зависимость правосознания от индивидуально-психологических особенностей государственных служащих

The article considers legal awareness as a subjective perception of legal phenomena by citizens. It is assumed that there is an individual predisposition towards law-conscious behavior. In a sample of 2011 subjects, employees of state bodies, the dependence of legal awareness on the personal characteristics of employees performing duties in the field of legal relations was studied. Legal awareness correlates with the activities of civil servants indirectly through a system of real legal actions and does not always coincide with labor productivity (action - attitude). The study of justice was carried out using the test of L.A. Yasyukova. Individual psychological characteristics were identified through the use of intelligent techniques, the modification of MMPI, the locus of control, the test of volitional self-control and the motivational profile of Ritchie-Martin. To assess the success (effectiveness) of the staff professional activities, an expert assessment was performed. It was revealed that legal consciousness has a specification and depends on the type of activity of public officers. Relations can be traced within the entire volume of personal characteristics. The article provides data on the correlation of legal consciousness and individual psychological characteristics of public service employees in the verbal and cogitative, characterological and motivational spheres.

ХАРАКТЕРИСТИКА ПОНЯТТЯ «ПРАВОВА КУЛЬТУРА» ЧЕРЕЗ ПРИЗМУ МЕТОДОЛОГІЧНИХ ПІДХОДІВ


 
 
 The article attempts to classify the interpretation of the concept of "legal culture" through the axiological, competence, activity and complex approaches. It is established that from the standpoint of the axiological approach, scholars consider the legal culture as a qualitative level of legal reality at a particular stage of development of society, competence - through legal competence, activity as a type and way of activity, way of thinking, norms and standards of behavior, a specific way of organizing and developing human activity in the field of legal relations, complex - the legal culture is connected with the political, moral, aesthetic, economic culture and its other varieties. It is proved that in the interpretation of the legal culture there are serious differences: some authors in the definition of culture determine through the activity and in this regard consider the legal culture as an element of the culture of a wider system; others are regarded as an independent sphere, where the legal culture is its part.
 
 

Praktische Probleme im Betreuungsverfahren aus der Sicht eines Vormundschaftsrichters

Enduring powers of attorney and advance directives (living wills) are prepared to specifically address the occurrence of age-related legal incompetence or disease-related incapacity. Everyday legal practice shows that in connection with these precautionary tools similar constellations of certain problems may occur in the individual case. Regarding enduring powers of attorney, the guardianship courts are requested to appoint a guardian in a case where it is unclear whether a power of attorney has effectively been granted in the first place or revoked by the grantor. But also, self-serving behaviour of the principal, multiple powers of attorney and the lack of acceptance in the field of legal relations may entail guardianship court action. Within the framework of a living will individuals appeal to guardianship courts to bindingly determine whether to refrain from a medical or nursing procedure contrary to the medical indication. Often there is contradictory information about whether a living will has been communicated verbally and, if so, about the statements expressed therein. The issues of effective execution, clarity of content, revocation and the legal or binding effect of living wills in court proceedings are likewise important.