Fundamental Principles Of Law Research Articles

Principles of humanism and justice in the administrative law of Ukraine in the context of christian values

The article is devoted to the study of the content and implementation of the principles of humanism and justice in the administrative law of Ukraine in the context of Christian values. The relevance of the topic lies in the fact that these two principles are poorly understood in the science of administrative law, and that the doctrine of this science needs to be changed, given the changes associated with the war, which forced people to reconsider some of their values, their life priorities and views on the State and its importance in human life, and reinforced the need to build relations between the State and human beings based on the principles of humanism and justice. The author establishes that the principles of humanism and justice are interrelated and form the basis of the entire system of administrative law and the functioning of public relations in the field of public administration. It is summarized that justice is the initial principle of law and its essence, the basis for the rule of law. Humanism is a fundamental principle of rights and a value of a democratic society; it means humanity, love for a person, value of a person and his or her dignity, and the pursuit of his or her welfare. It is proved that the fundamental principles of law are based on love, which is the content of Christian doctrine. In the context of Christian values, the principle of justice means doing to others as you would like to be done to you. It implies the action of equality, respect, freedom, and mercy toward people. In turn, the principle of humanism in the context of Christian values means love your neighbor as yourself. It is proved that love is not only an emotion, but first and foremost an action, or an act of will. Love requires decision-making and effort. Therefore, the principles of administrative law are also an action and should be put into practice, and not just an idea. The author proposes to change some doctrinal approaches to the role of the State in relations with a person, namely, that they should be based on the principles of humanism and justice based on love, which will be the beginning of a qualitatively new role of the State and the activities of officials in relations with citizens.

ЗАЩИТА СОБСТВЕННОСТИ РОССИЙСКОЙ ФЕДЕРАЦИИ ЗА РУБЕЖОМ

The main documents that determine the legal status of the property of the Russian Federation, as well as Russian legal entities and citizens located abroad, are considered with an assessment of the risks of loss of property rights in the current crisis conditions. The analysis of the legislation of foreign countries on the protection of state property and procedures for the seizure of property of other countries is carried out. An assessment of the impact of the current crisis situation on the definition of priority target tasks of the state policy in the field of state property protection was carried out. Based on the assessment, the relevance of the development of legal documents aimed at protecting state property is substantiated. The necessity of observing the principle of inviolability of private property, even belonging to citizens of unfriendly states, as well as the need to comply with the fundamental principles of law in relation to all those who are in economic and legal relations with our country is justified.

Freedom as a legal value: nature and features

Freedom as a legal value has always been the subject of in-depth analysis, important debates and discussions in the field of legal and political science. This topic is becoming extremely relevant in the context of martial law in Ukraine, when the rights and freedoms of citizens are being tested and restricted.
 In the context of the legal system of Ukraine, as well as other legal systems of the world, freedom occupies an important place among the system of civil and political rights. This value is an integral part of civil society and the rule of law, and it guarantees individual autonomy and the ability of citizens to make independent decisions.
 Modern social changes, political and military conflicts, as well as various crisis situations may lead to excessive restrictions on freedom in the context of the introduction of a state of emergency or other restrictions under the guise of national security. Such restrictions must be justified and limited only to the minimum extent necessary to ensure the overall security of society and protect the rights and freedoms of citizens.
 The article is devoted to an in-depth analysis of the concept of freedom as a legal value in the context of current Ukrainian legislation. The article examines the essence and nature of this category, identifies its value and legal and applied aspects. It is important to determine how freedom is defined as the ability of a person to choose and act on his or her own initiative. In addition, the article emphasises the role of freedom in modern Ukrainian society and its impact on the rights and freedoms of Ukrainian citizens.
 Freedom is one of the key issues that reflects the complex dialectical process of development of the modern world. First, freedom means the ability for a person to choose his or her own path and act on his or her own initiative. Secondly, it is defined as a fundamental principle of law that provides for the possibility of subject autonomy, where the subject is not limited by external coercive actions and can independently make decisions about his or her behaviour. Thirdly, freedom is the basis for protecting the rights and freedoms of citizens, developing democracy and creating a civil society where citizens have the opportunity to influence events in society and jointly address important issues.

Pilgrim's meta-anthropology theology in the philosophy of law: the law of combined vessels

The scientific article examines such an aspect of the multidimensionality of the philosophy of law as the metaphysical law of connected vessels, which operates in the natural-supernatural legal space. It is proven that the filling of metaphysical vessels is carried out by the spirit (reflection, inertia) of the places of power contained in earthly supernatural benevolent phenomena. Therefore, ordinary excursions to these places are called pilgrimage trips. At the same time, the pilgrimage has a meta- anthropological character and is realized meta- anthropologically, that is, physically, mentally and spiritually. As a result, a person acquires moral (elementary and higher) qualities, necessary existential and transcendental qualities. The meta- anthropological law of connected vessels supports the legal harmony of the universe. The definition of pilgrimage theology is presented for the first time. Pilgrimage is beneficial for bodily calmness, gives rise to the feeling of acquired bodily dirt, impurity, because dirty actions cling to everyone, they are actions of evil. After all, carnal fornication is a kind of unclean power, which is directed so that a person does not fulfill the ontological bodily principles, leads a promiscuous lifestyle, does not control himself, and therefore creates such elementary moral standards that would approve dirty actions.
 The philosophy of law resorts to such profound, as if too elementary, banal norms in order to prevent significantly visible violations. Pilgrimage is one of the methods of prevention of physical offenses, which can prevent the destruction and effect of the spiritual law of connected vessels in the universe.
 The philosophy of the metaphysical law of connected vessels has a visible side - the influence of the fruits of bodily pilgrimage on the permanent formation of the factory of elementary morality, the springboard for the development of elementary virtues. This factory should be improved every time thanks to the pilgrimage and contribute to the development of new rules of righteous earthly life, understanding of the essence of existential and transcendental things. Even such fruits of the ordological pilgrimage as strengthening a careful attitude of a person to nature and the world, forming a physical code of health for oneself, removing oneself from a consumerist material state, limiting oneself in material needs, etc. do not allow violation of the law of connected vessels. From this we can draw a conclusion about the deep essence of the philosophy of law, the fundamental principles of law, the law in general, and human morality. After all, the physical behavior of a person is often inadequate to the actions of the law of connected vessels. In order to combat this inadequacy, humanity, society, and the state resort to creating a complex system of law enforcement activities, but tangible results are still insufficient. Pilgrimage to places of strength will give much more.

THE INFLUENCE OF INTEGRATION PROCESSES ON THE DEVELOPMENT OF NATIONAL LEGAL SYSTEMS OF POST-SOVIET COUNTRIES

As part of the convergence, the national legal systems of a number of states that emerged in the early 90s of the twentieth century acquired features characteristic of the Romano-German legal family, and therefore the fundamental principles of law that are implemented within the development models of these countries have acquired a qualitatively new nature, reflecting the fundamental transformations of the state-political structure. The purpose of the study is to consider the features of the national legal systems of the post-Soviet countries, formed under the influence of integration processes of a legal nature that occurred on the territory of the former republics of the USSR. The objectives of the study are to study the main trends of a state-legal nature, to identify the influence of international law norms on the legislation of new subjects of international relations, as well as to establish the influence of the integration of several states into various interstate associations on national legal systems. Formal-legal, analytical, and historical-legal research methods are used to achieve the results. The study found that the national legal systems of the states that were previously part of the USSR are organically oriented towards regulatory requirements implemented within the framework of international organizations of which they are members, which leads to a certain unification of the regulation of public relations, which does not exclude the preservation of national legal traditions. The process of convergence of the legal systems of individual post-Soviet countries is slow, uneven, not always progressive, but nevertheless lays the foundations for joint activities on several issues that go beyond the jurisdiction of a particular State or require joint efforts for effective solutions.

Justice as an element of the legal field

The material of this article is devoted to basic concepts in jurisprudence, namely the concepts of "justice" and "law". The peculiarities of each of them were analyzed and they were demarcated according to certain characteristic principles. It was investigated and revealed which of these concepts is derived from the other, i.e. is a constituent element of a larger system. The scientific article clarifies which concept is basic. The central issue of the article is the relationship between these two concepts, that is, whether they are identical to each other, or on the contrary, one of them prevails over the other when considering and applying the norms of the law. The author defines the role of the concept of "justice" in the modern legal system and shows its evolution within the framework of the development of society. The main achievement of the research was finding a deterministic definition of the concept of "justice". It is defined as a moral and legal category of positive law, which is a central part of economic, political and social relations. This definition, in turn, allows us to distinguish the concepts of natural and social law and positive law in jurisprudence. Law must always coexist with justice, because it is the criterion for its evaluation. It should be noted the high relevance of this issue for the modern legal concept of the state. It is still not resolved and needs a deeper analysis and clarification, especially in the conditions of total integration of the Ukrainian legislative system into the system of international law. The scientific article examines various interpretations of the concept of "justice" that have been formed over a long period of development of society and law. The question of application of the concept of "justice" in the legal system, due to its multifaceted nature, was the subject of research by scientists of various fields and specialties. It became a question of life for philosophers and lawyers, sociologists and psychologists, and even representatives of economics and mathematics. At the same time, a large number of studies still did not build a unified approach to the classifications of these two categories. Therefore, this question is still relevant, especially the problem of the relationship of justice with other fundamental principles of law in the conditions of the formation of the foundations of statehood and the development of the national legal system.

Legal regulation of the implementation of the basic principles of Law in the context of the development of a democratic society

The purpose of the research is to reveal relationship between legal progress and fundamental principles of law in the context of their implementation at different levels of the legal system. Main content. The importance of justice, freedom, equality and humanity as an instrument of legal progress is shown. It is proven that fundamental principles of law act as the limits of the development of the legal system, and these limits ensure legal progress. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. The article is aimed at studying the essence and characteristics of fundamental principles of law in the context of the legal system. development The author states that legal progress depends on the extent fundamental principles of law are presented and implemented in the legal system. Fundamental principles of law flow into each other. We can say that it is namely interaction and synergy of principles that strengthens legal progress.
 Keywords: legal progress, fundamental principles of law, justice, equality, freedom, humanism

Modern philosophical and legal discussions about justice

The article is aimed at researching the peculiarities of modern approaches to the understanding of justice. The authors note that the topic of justice is one of the updated ideas in philosophical and legal research and is considered quite widely - both in the traditional moral, legal, and economic, socio-political sense. The idea of justice permeates all spheres of social life and reflects rather complex dialectical processes of the legal development of society at various historical stages. Studying the problems of justice provides an opportunity to gain a deeper understanding of the meaning and content of modern state- and law-making processes. Justice is a fundamental principle of law and is an integral multifaceted phenomenon. The authors emphasize the special relationship between law and justice. Law is based on the idea of justice and is normatively established justice. Only in this aspect it is possible to talk about the legal law as a real and effective means of ensuring the rights and interests of a person. The authors note that justice is also a universally recognized value of modern civil society, as it is enshrined in the documents of the world community, including the Universal Declaration of Human Rights, the UN International Covenants, the Convention for the Protection of Human Rights and Fundamental Freedoms. Accordingly, the rethinking of justice, the emergence of new concepts are closely related to the changes taking place in the political, economic and legal spheres of a certain society. As the research shows, such a concept as justice is quite ambiguous. Especially when it comes to justice in law. It has its own specific features, but it is still the basis of law. So, it becomes clear that this is an ideal that is very difficult to achieve. At the same time, justice is considered a rather subjective category and cannot be the same for everyone. So, the law makes attempts to get closer to a certain "imperfect ideal", but the need for justice is the motive through which humanity created the law. Thus, it can be concluded that justice and law are those categories that are inextricably linked, and they are integral parts of each other. It is their reality, their practical need for society that confirms their viability.

Impact of public financial policy on implementing the principle of stability

The paper addresses the issues of implementing the principle of stability, when the state, changing the rates of taxes, fees and other mandatory payments, should not only focus on replenishing resources to fulfil its obligations to society, but also stimulate economic activity. Discretion has been researched into regarding the implementation of public financial policy in the context of applying the principle of stability, which could be carried out taking into account the target interpretation of the system of legal regulators, when the law enforcement body chooses the regulator whose application will lead to a more reasonable and fair result. It is about the subsidiary application of independent regulators.
 The author focuses on the fact that from the standpoint of the principle of the rule of law and in view of the formation of supranational law, including financial, consideration of principles and morality is the primary step before applying the provisions of the law. It is not legitimate to form the practice of law enforcement against the fundamental principles of law. The following levels of principles have been defined: 1) supranational; 2) national. Issues have been addressed in the paper that it is strategically correct, if the rule of law does not correspond to the principle, then it is necessary to recognize it as illegal and apply the principles, simultaneously changing the rules of the law. It has been proposed that when adopting legislation on normative acts, it is necessary to shift the hierarchy to the principle from the norm-law. The author focuses on the fact that, in order to achieve national and public interests, the Verkhovna Rada of Ukraine has the right to change the provisions of the law, to adopt new laws that change the legal regulation, contradicting the previous legal norms. Thus, the provisions of previous laws are automatically terminated.
 The procedural discretion has been identified as related to a fairly wide scope of the court’s powers in carrying out procedural activities for the purpose of resolving the pending dispute. Both general principles of law and relevant procedural principles, as well as principles of the specialized field of material law, are taken into account. One of the key issues remains the promotion of trust in public authorities, in particular, on the part of the participants in the judicial process. The limiting factors of discretion have been addressed in the paper as legal regulations and factual circumstances of the case. Establishing the factual circumstances of the case is carried out in combination with the evaluation and interpretation of legal facts or structures, justification of the legal position.

Contradiction and Legislation Regarding the Right to Life

Contradiction and Legislation Regarding the Right to Life Kevin L. Flannery, S.J. Unborn Human Life and Fundamental Rights: Leading Constitutional Cases under Scrutiny. Edited by Pilar Zambrano and William Saunders, with concluding reflections by John Finnis. Berlin: Peter Lang, 2019. The most fundamental principle of law is the principle of non-contradiction. This is Thomas Aquinas's position in the seminal article on the natural law, Summa theologiae I-II, question 94, article 2, where, citing Aristotle, he formulates the principle as, "One should not simultaneously affirm and negate." Lafter in the same article, Thomas offers a practical formulation of the same principle, "Good is to be done and pursued and evil avoided"; but in law, since it is contained in propositions (airmations and negations) as distinct from ideas regarding the pursuit of goods, the prior formulation is the more immediately relevant of the two. The book under review is important in that, by going through the legal history regarding abortion and related issues in a number of different countries—the United States, Canada, Italy, Spain, Poland, Ireland (Eire), Costa Rica, Argentina, Chile, Mexico, and Peru—it causes to emerge any number of times the realization that legislation and judicial decisions in favor of abortion "rights" invariably infect a legal system with contradictions and inconsistencies of various sorts. The present essay is, therefore, not your typical book review. Its objective is simply to list some of the legal contradictions and inconsistencies identified by the book's various authors as they describe the legal status of the unborn in their respective nations. [End Page 1323] William Saunders's very clear and comprehensive first chapter is entitled, "Judicial Interference in the Protection of Human Life in the United States: Actions and Consequences." In it, he describes, among other things, the Human Cloning Prohibition Act passed by the U.S. House of Representatives in 2003, which prohibited "any person or entity, public or private" from performing human cloning (23). He speaks also of a bill proposed in the U.S. Senate once the Human Cloning Prohibition Act had passed in the House of Representatives. This Senate bill (which was entitle, "The Human Cloning Ban and Stem Cell Research Protection Act") would have prohibited "any person or other legal entity" from conducting human cloning, even while allowing nuclear transplantation, which it defines as "transferring the nucleus of a human somatic cell into an oocyte from which the nucleus . . . ha[s] been . . . removed or rendered inert." The problem here, as Saunders explains, is that this latter definition "is the very definition of cloning" (25). In other words, in the same year, two pieces of legislation were considered in the Congress of the United States, both purporting to ban human cloning, one of which would have permitted what the other described (correctly) as human cloning and so prohibited. In the second chapter, "Whither United States Abortion Law?" by Gerard V. Bradley, discussed, among other things, is the inconsistency between the United States Supreme Court's pro-abortion decision Roe v. Wade and various laws, both state and federal, prohibiting feticide. Bradley says of the 2004 federal Unborn Victims of Violence Act that, "in pertinent part it says that 'whoever' 'causes the death of or bodily injury to,' a 'child who is in utero' is guilty of an offense apart from any accompanying offense against the woman carrying the child." The penalty for such an act is the same as would be imposed if the act were inflicted upon the unborn child's mother: if, for instance, the mother was killed. "A child in utero," reports Bradley, "is defined as a member of the species homo sapiens, at any stage of development, who is carried in the womb'" (37). The problem here is that prosecutable under this law are acts identical with those performed legally by abortionists. Bradley mentions two cases in which a woman's male partner—in one case the woman's husband—effected by stealth the abortion of her child. In one case, the male purchased abortion pills and affixed to their container a pharmacy label indicating that it contained a common antibiotic; in the other, the husband obtained the same type of...

The Connection between the Institution of Special Methods of Supervision and Research and the Fundamental Principles of Law

The use of special methods of surveillance and research is not a social novelty, considering the fact that both technology and crime have a long existence. It should also be noted that the dynamics of the regulation of these institutions is themed on two premises, the first of which is represented, as was normal, by the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe, 1950), and the second is that of constant technological evolution. In relation to this last aspect, the doctrine rightly considered that "the technical means of surveillance will always be one step ahead of the legislation" (Grădinaru, 2014, p. 7).

Characteristic of legal communication: Addressees of legal acts

While the communicative approach to the law is spread widely today, characteristic of legal communication are still purely described and weakly researched. Linguists and experts in theory of communication are not involved in discourse of legal notions and practice of law, whereas jurists are not ready to step out of this discourse. This article represents an attempt to overcome these difficulties and to find in law necessary parameters (focusing on the figure of addressee), being equipped with the methodology of communication theory. Resuming analysis of the substance and conditions of legal communication, the author concludes that recognized in the contemporary linguistic interaction model of communication with some limits are applied to the legal communication. Law does not suppose that content of legal acts (messages of legal communication) is determined solely by intention and will of addresser. Interpretation of legal acts is an important part of the mechanism of law and it needs active involvement of addressee, though unlike in communication of other types, the addressee cannot enjoy the full freedom of interpretation of text, aliened form the addresser. In law, this would raise a risk of violation the equal protection — fundamental principle of law. Addressees of legal acts are either executors or enforcers of legal prescriptions. Interpretation of enforcers tends to be coordinated and unified, leading to forming of collective enforcing addressee. Anyway, the execution of legal prescriptions is to be volitional and conscious, therefore the executors should keep the role of direct addressees as well, though their interpretation of legal acts will be subordinated to that of enforcers. The non-normative acts in the most cases (excluding non-reception one-sided deals and private applications to public authorities) have one main addressee, while the circle of potential addressees remains indefinite.

The concept and content of the constitutional principle of justice

The purpose of the article is to study the concept and content of the constitutional principle of justice, its impact on constitutional relations, identifying problems that arose during the implementation of this principle during quarantine restrictions due to the pandemic of COVID-19.
 This goal was achieved through the use of such methods as analysis of comparative law and formal law method.
 The study found that the principle of justice, although not enshrined in the Basic Law of Ukraine, but it goes through the Constitution of Ukraine and procedural codes. The problematic issue is that there is no legislative definition of «justice». The practice of the Constitutional Court of Ukraine on the application of the principle of justice in its decisions is analyzed. It is substantiated that justice is a concept much broader than law and is a criterion for the legitimation of state power.
 The problems of realization of the constitutional principle of justice are investigated. It was found that the principles of law, which are enshrined in the Constitution of Ukraine and current legislation of Ukraine, are not properly implemented in our country. The reason for this is the mentality of Ukrainians, which is characterized by low legal and political culture, violation of the law, distrust to the authorities, devaluation of moral and spiritual values. On the part of officials, it is a misuse of office positions.
 It is justified that justice requires equal application of the law for all. However, everyone has his/her own understanding and vision of justice. This led to problems during the coronavirus pandemic. Violations such as the violation of the constitutional right to education have been identified, namely distance learning leads to a violation of the principles of justice and equality. Restrictions on small and medium-sized businesses during the COVID-19 pandemic discriminated against entrepreneurs compared to large businesses. 
 As a result of the study, it was concluded that justice is a legal value and a fundamental principle of law, which permeates both the Constitution of Ukraine and current legislation. The realization of justice can be done only by observing the law. In Ukraine, it is quite difficult to implement this principle, because the laws are often unfair. During the quarantine restrictions, violations of constitutional human rights were revealed. Overcoming corruption and raising the legal culture and legal awareness of Ukrainians should be a necessary step for the effective implementation of the principle of justice.

Категория истины в политико-правовой теории М.Бакунина

The subject of the study is the problem of truth in the political and legal theory of Mikhail Bakunin. The object of the study is the social relations that form different interpretations of the concept of truth in the teachings of M. Bakunin. The author examines in detail the correlation of truth in the works of the anarchist theorist from both a philosophical and a dogmatic point of view. It is analyzed in detail in the doctrine of interspersed jurisprudence from an economic point of view, as well as the theory of knowledge, which was understood by M.Bakunin as phenomena in their pure completeness without any admixture of fantasies, assumptions or other attachments of human consciousness, in which the difference between epistemology and law is manifested. Special attention is paid to M. Bakunin's reflection on the laws of nature and lawmaking.
 The main conclusions of the study are: 
 - the reason for the utopianism of Bakunin's teaching, in our opinion, is his rejection of the legislative consolidation of the fundamental principles of law, which in turn replaces law with morality. 
 A special contribution of the author to the study of the topic is the conclusion that the most developed economic liberalism in the middle of the 19th century in Russia was in Siberia, which was facilitated by the patronage of the Governor-General of Eastern Siberia Muravyov. 
 The novelty of the research lies in the fact that for the first time M. Bakin's ideas about truth are analyzed not from the point of view of criticism of Marxism-Leninism, but from the philosophical and legal-dogmatic side.

Sustainable development in the era of digitalization: legal aspect

The relevance of the topic of study is caused by the role and importance of the concept of sustainable development, the implementation of which allows creating a society, which, influenced by diverse internal and external factors, is capable of establishing a new equilibrium both within itself and in relation to the environment. The research object is public relations arising in the digitalization process. The purpose of the scientific research is to conduct systemic analysis of the impact of digitalization on sustainable development and the definition of the role of the law in the conditions of domination of constantly changing information and communication technologies. During the study, systemic, analytical, logical methods were used, as well as methods of interpretation of law, scientific forecasting, scientific intuition. It is concluded that the concept of sustainable development is aimed at creating an optimal, harmonious relationship of the needs, aspirations and interests of current and future generations on the basis of such fundamental principles of law as: equality, inadmissibility of abuse, prohibiting discrimination. The proposed characteristic made it possible to substantiate the diversity of the right to develop and subjective law. It has been proven that digitalization entails both positive and negative consequences. It is necessary to continue work on the international level of solutions, the implementation of which will allow achieving dynamic equilibrium.

The Obligation of carrying out Sharia Law Prior to Legislation or Drafting and its Relation to the Principle of the Rule of Law

The principle of the rule of law and the principle of the legality of crime and punishment are considered to be among the fundamental principles of law and are of great importance in public law. The problem is, given the existence of the following holy verse, “no rulership except by Allah alone”, and principles such as the rule of law and the legality of crime and punishment, how can the obligation of certain Muslim precepts be assessed both jurisprudentially and legally before the law is legislated? This paper explicitly states that the Sharia laws taken into account in this study are ones that jurisprudents unanimously agree on and so are not subject to the ruling of the jurist's fatwa and there is no need to compare the applicability of the rulings (unconditional judgments). In this research, we analyzed the aforementioned problem from a jurisprudential and legal perspective. The obligation to carry out these types of sentences prior to their legislation or compilation based on the jurisprudential point of view, the constitutional principles of the Islamic Republic of Iran, the practices of the Guardian Council, some ordinary laws, and the views of the Assembly of Experts is what this paper proves.

СКЛАД АДМІНІСТРАТИВНОГО ПРАВОПОРУШЕННЯ ШОДО ПОРУШЕННЯ ПРАВИЛ КАРАНТИНУ ЛЮДЕЙ

У статті досліджується склад адміністративного правопорушення за ст. 443 Кодексу України про адміністративні правопорушення, якою доповнено Кодекс законом України від 17 березня 2020 року. В умовах світової та всеукраїнської соціальних криз, зумовлених поширенням коронавірусної інфекції, що загрожує життю і здоров’ю людей, Верховною Радою України запроваджено адміністративну відповідальність за порушення правил щодо карантину людей. Нормі ст. 443 КУпАП з часу розробки законопроекту не притаманні правова визначеність, зрозумілість. Аналіз складу цього адміністративного правопорушення дійти висновку про неоднозначність сприйняття законності ухвалення органами місцевого самоврядування відповідних обмежень, недотримання яких тягне адміністративну відповідальність за вказаною статтею. Крім того, з’ясовано, що запроваджені зміни до КУпАП створили конкуренцію норм Загальної та Особливої частин КУпАП. Невдало викладена норма створює непорозуміння й у з’ясуванні суб’єкта правопорушення. Доцільно було б розмежувати адміністративну відповідальність фізичних осіб та посадових осіб суб’єктів господарювання. У статті досліджується склад адміністративного правопорушення за ст. 443 Кодексу України про адміністративні правопорушення, якою доповнено Кодекс законом України від 17 березня 2020 року. В умовах світової та всеукраїнської соціальних криз, зумовлених поширенням коронавірусної інфекції, що загрожує життю і здоров’ю людей, Верховною Радою України запроваджено адміністративну відповідальність за порушення правил щодо карантину людей. Нормі ст. 443 КУпАП з часу розробки законопроекту не притаманні правова визначеність, зрозумілість. Аналіз складу цього адміністративного правопорушення дійти висновку про неоднозначність сприйняття законності ухвалення органами місцевого самоврядування відповідних обмежень, недотримання яких тягне адміністративну відповідальність за вказаною статтею. Крім того, з’ясовано, що запроваджені зміни до КУпАП створили конкуренцію норм Загальної та Особливої частин КУпАП. Невдало викладена норма створює непорозуміння й у з’ясуванні суб’єкта правопорушення. Доцільно було б розмежувати адміністративну відповідальність фізичних осіб та посадових осіб суб’єктів господарювання.

CONSTITUTIONAL COMPLAINT AS A NEW INSTITUTE OF CONSTITUTIONAL LAW OF UKRAINE

The article is devoted to the analysis of the institute of constitutional complaint as a new mechanism of protection of human rights and freedoms for Ukrainian practice. The significance of the constitutional complaint as a new institution of the constitutional law of Ukraine lies in two aspects. First, it is an important additional mechanism (means) to protect individual rights and freedoms. This increases the impact of law on public relations, and the state strengthens its status as a legal entity. This also strengthens the applicability of the rule of law as one of the fundamental principles of law. Secondly, the importance of the constitutional complaint as a separate institution is related to the functioning of the Constitutional Court of Ukraine, which is legally called to ensure the supremacy of the Constitution of Ukraine. A person's appeal to a body of constitutional jurisdiction with a complaint emphasizes the closeness of the entire judicial system to a person, as well as the desire of the state to properly protect his rights. Thus, at the individual (complainant) level, the constitutional complaint increases the importance of the rule of law (due to the protection of human rights and freedoms), and at the public level (constitutional jurisdiction) - promotes the rule of law as the foundation of the entire legal system. The author reviews the current legislation in this area of relations, focuses on the features of the constitutional complaint and aspects of its significance, as well as clarifies some problematic aspects of its implementation in Ukraine. It was noted that due to this the function of protection of human rights by the Constitutional Court of Ukraine will be more effectively and fully implemented.

Concept of Good Faith in Domestic Laws – To Debrief the Common Understanding

Good faith is described as 'the foundation of all law, or a fundamental principle of law'. O'Connor suggests that good faith derived from 'the necessity for a minimum of human cooperation and tolerance if group living is to emerge and survive'. Although good faith has origins in the earliest human societies, O'Connor suggests that the Roman concept of bonafides (associated with trustworthiness, conscientiousness and honourable conduct) represents its most direct ancestor. By about 1450 it was applied in both civil and common law systems, and was 'reflected in specific rules incorporating or referring to good conscience, fairness, equitable dealing and reasonableness'.4 As early as 1659, good faith was mentioned in Treaty between France and Spain, signed to end the Franco-Spanish War that had begun in 1635. Before that, in 1625, Grotius had referred to the Aristotelian parameter that if good faith has been taken away, “all intercourse among men ceases to exist”. Grotius also referred to Cicero‟s famous observation according to which “in good faith what you meant, not what you said, is to be considered”. The civil law regimes tend to require that contracts be formed and performed in good faith. If parties act in bad faith, this leads to mistrust, making contracting more complex and expensive. A rule of good faith increases contracting parties' confidence that contractual obligations will be performed. The principle of good faith is less established and less uniform in common law systems. At one extreme is the United Kingdom, which has no general doctrine of good faith. However, equity developed many doctrines to promote specific notions of good faith, including the concepts of undue influence and promissory estoppel. Good faith is also recognised in relation to particular classes of contracts, for example, contracts of insurance. At the other extreme is the United States, “where every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement”.

Unity in diversity: Legal and political ideas of Dzhenevra I. Lukovskaya

The article covers the political and legal ideas of the Doctor of Law, Professor of St. Petersburg State University Dzhenevra Igorevna Lukovskaya. Her studies reflect a wide variety of topics: issues related to the history of legal and political doctrines, theoretical and methodological problems, theory and history of human rights, and types of legal consciousness. The authors apply in their research the methodological tools developed and presented by Lukovskaya in her monograph “Legal and political doctrines: historical and theoretical aspect” and in her doctoral thesis “Theoretical and methodological problems of the history of legal and political doctrines”. The portrait research method is used by the authors to outline her background. The interpretation method developed by Lukovskaya is actively used by the authors as well. The article touches upon Lukovskaya’s criticism, made at the beginning of her research career, of the positivist theories. Special attention is paid to the analysis of the problems of political and legal thought formation in Ancient Greece, examined by Lukovskaya. In her opinion, all the beginnings of the European understanding of law and state policy are rooted there. The article points out that in the classical theme, Lukovskaya brings to the fore the categories of freedom, justice and equality in law. From a current perspective, the studies of Lukovskaya on human rights are highly appreciated. More than relevant for today is her conclusion that human rights are subjective rights possessing first of all the quality of reality, not potentiality. For Lukovskaya human rights are universal and inalienable. An important conclusion follows from her position — the self-value of human rights is fixed in their definition as natural, inalienable rights. Human rights appear to be the fundamental principle of law, and the idea of law is positioned as the idea of human rights. As a result of the analysis of Lukovskaya’s views on modern problems of legal consciousness, the article highlights criteria, proposed by her, for evaluating legal theories: the desire of their representatives for an integrative (integral) conceptual, as well as methodological overcoming of pluralism of theoretical views on law. The article concludes that the main area of Lukovskaya’s scientific works is the search of a way to such a Right, where a Human prevails, his rights and freedoms.