Implementation Of Legal Norms Research Articles

The legal mechanism for environmental protection in Ukraine

Purpose. To study the aspects of implementing the legal mechanism of environmental protection (LMEP) and the requirements for it. To propose a definition of the “LMEP” concept. To develop recommendations for improving the legal mechanism, propose measures for its implementation and determine its main components. Methodology. The study uses general and special methods of cognition: comparative analysis – to establish LMEP indicators; critical analysis – for formation of requirements for LMEP and its definition; abstract-logical analysis – to determine the need for strategic dynamic approach to the implementation of LMEP; induction and deduction – to offer tool of “feedback” between the implementation of legal norms, and the effectiveness of their practical implementation; logical abstraction - for development of recommendations improving LMEP, measures for its implementation, its components, and the codification of environmental legal provisions. Findings. The requirements for the LMEP implementation are specified. Indicators for evaluating the LMEP effectiveness are proposed. “Feedback” tool between the implementation of environmental and legal norms and the effectiveness of their practical implementation and mechanism for the gradual adaptation of these norms are proposed. The definition of the concept “legal mechanism of environmental protection” is proposed. The absence of systematic approach and the insufficiency of analytical work at the stage of preparation of normative legal acts and after their adoption are pointed out. Specific ways of solving this problem are proposed. In order to prevent offenses, the need to increase the role of administrative justice in environmental protection cases and to expand the application of administrative law for this purpose is indicated. Originality. The necessity of forming a strategic dynamic approach to the implementation of LMEP and adjusting the adoption of its stages in view of the effectiveness of tools for the development of legal and environmental awareness of citizens is indicated. Practical value. The proposed regulatory clarification of the concept of “significant damage” will strengthen compliance with the principle of matching the violation with the punishment.

Civil and arbitration proceedings in the new economic conditions

The challenges of modernity are forming new realities in the implementation of legal norms, including in the field of civil and arbitration proceedings. In this regard, the authors set a goal to analyze the features of legal relations developing in these areas in their relationship with the new economic conditions generated by recent world events. The authors analyzed the statistics of the growth in the number of court cases in recent years, as well as the studies of civil lawyers in this area, on the basis of which the conclusion was made about the need to consider the prospects of civil and arbitration proceedings. By means of a comparative analysis, the sphere of relations concerning the relevance of applying to international arbitration at the present time, as well as the practice of considering cases at this level, is investigated. The main directions that will cause difficulties in international proceedings in modern political and economic conditions are identified and a possible solution is identified — the prospect of applying to neutral international arbitration centers. The domestic practice of civil and arbitration proceedings has been studied and some ways of solving difficulties in terms of improving the judicial system and possible options for reducing the burden on the courts, taking into account the opinions of scientists and practicing lawyers, have been identified. The conclusion is made about the need for a global judicial reform with a possible partial solution of the identified problems by turning to the field of information technologies, which are successfully used by the state in the provision of public services and as an analogue could be used in conducting civil and arbitration proceedings.

СОСТОЯНИЕ ПРАВОПРИМЕНЕНИЯ НОРМАТИВНОГО РЕГУЛИРОВАНИЯ ТУРИСТИЧЕСКОЙ СФЕРЫ ГОРОДА СЕВАСТОПОЛЯ

The relevance of this study is to maintain the attractiveness of individual tourist destinations, despite the imposed foreign economic restrictions (sanctions) and the difficult logistical situation due to the conduct of a special military operation on the territory of Ukraine. In order to develop tourism against the background of the closure of a large number of foreign destinations for Russians, it is necessary not only to create a high-quality regulatory framework, but also to organize its effective implementation. The purpose of this work was to conduct a study of the application of the provisions of the legislative act of the city of Sevastopol, which regulates the implementation of tourist activities in order to identify certain pathogenic practices. The method of analysis was used as materials and methods, parsing the law into separate norms, followed by an assessment of the practice of implementing the most significant ones. The comparative legal method was used, both in relation to acts that have become invalid, and from the standpoint of comparing regional legislation and subordinate regulatory regulation. In addition, the method of expert assessments and deduction was used. As a result, some inconsistencies were identified in terms of the development of the provisions of the legislation in the acts of the executive authorities, which should be eliminated. In addition, certain areas of activity have been identified that have been qualitatively regulated, but have not been properly implemented. Conclusion. Law enforcement monitoring seems to be one of the most important functions of the authorities at the level of the subject of the federation, because allows you to look at the implementation of legal norms in a different way: not from the position of “everything somehow works and gives some kind of result”, but in the spirit of a true legal state, proclaimed in Art. 1 of the Constitution of the Russian Federation.

Contract in the mechanism of legal regulation of relations with the participation of consumers

The scientific article is devoted to the study of the mechanism of legal regulation of contractual relations in general and the role of the contract in the means of legal regulation of relations with the participation of consumers. In the article, based on the analysis of scientific literature and current legislation, the structural elements of the mechanism of legal regulation of contractual relations with the participation of consumers are analyzed, their characteristics are carried out, and the place and meaning of the contract in this mechanism is clarified. Elements of the means of legal regulation of contractual relations with the participation of consumers include regulatory basis; legal facts; civil rights and obligations of consumers and business entities; implementation of legal norms and subjective civil rights and obligations; protection of subjective civil rights and legitimate interests of participants in consumer relations. It is proved that the meaning and place of the contract in the legal regulation of contractual relations with the participation of consumers is expressed in the equivalent of the ratio of normative and individual regulators of these relations. The place of unfair contract terms in the ratio of normative and individual in the regulation of contractual relations with the participation of consumers is studied. It has been established that the current state of legal law of relations with the participation of consumers indicates their detailed legal regulation by acts of civil legislation. It was concluded that despite a significant number of imperative norms in the legal regulation of contractual relations involving consumers, the contract performs not only the role of a legal fact, which is the basis for the emergence of the specified relationship but also the function of an individual regulator, in which its parties, based on the principle of disposition get the opportunity to regulate those areas of their contractual interaction that are not mediated by normative regulation.

On the issue of the exercise of powers by internal affairs bodies in ensuring public safety at air transport facilities

The subject of the study of the topic under consideration is the implementation of the powers of the internal affairs bodies in ensuring public safety at air transport facilities. The article shows the role of the internal affairs bodies in ensuring public safety through the implementation of the powers assigned to them. The article is a structural presentation of the material on the implementation of law enforcement tasks at air transport facilities. The introduction describes the relevance of the field of aviation transport to meet the needs of society, the high demand of the population for this type of transport, the tasks of law enforcement agencies and air transport enterprises to ensure the safety of citizens while they are at the airport and during the flight. The main part explains the issues related to the use of regulations as a means of preventing persons from entering air transport facilities when performing work related to transport security by checking them against various databases, the results of which are concluded. An idea is given about the use of the norms of legislation providing for liability in the case of an administrative offense or crime. The article may be useful to those who are involved in the process of ensuring security at air transport facilities, law enforcement officers, subjects of ensuring transport security – employees of the aviation security service and departmental security of the Ministry of Transport of the Russian Federation, as well as whose interests are related to carrying out work at such facilities, and citizens using air transport services. Thus, the concentration of efforts in the field of public safety, based on the application and implementation of legal norms by the subjects involved in this process, understanding the importance of aspects of interaction in the implementation of the powers granted, as well as the overall organization of activities at air transport facilities will allow us to talk about the effectiveness of the entire security system focused mainly on the social needs of citizens and interests states.

Правосознание специальных субъектов как детерминанта их правового усмотрения

The article examines the interconnection between legal awareness and legal discretion of the special subject. The author notes the particular role of that type of the special subject as a subject of law enforcement is noted. It is these subjects who exercise the powers of power of public authorities, directly applying the norms of law. The author points out some contradiction between the objectively existing diversity of social relations and the reference nature of law. In this aspect, the author pays considerable attention to the norms of a dispositive nature indicating the framework limits of the action of the law enforcement officer. This kind of a norm is initially endowed with such a quality as legal uncertainty that determines the practical significance of legal discretion. The article reveals the essence of law enforcement discretion, its role in the implementation of legal norms and individual legal regulation. The article covers the algorithms for making law enforcement decisions that are taken as a result of discretion as a special kind of thought activity of a special subject. The obvious dependence of the discretion of the law enforcement official on sense of justice of the last is emphasized. The main role is played by professional legal consciousness, consisting of various components of legal psychology and legal ideology. Practical examples prove the need for law enforcement discretion, the absence of which entails a gap in legal regulation. At the same time, the author draws the attention to the possibility of abuse of the right of both the consequence of the defective legal norms and the legal awareness of the subject of law enforcement. Attention is paid to the need for constant work both on improving legal prescriptions that allow for the possibility of law enforcement discretion and a positive impact on the legal consciousness of the subject of law enforcement.

Legal regulation of organizing maritime transport safety

The relevance of the study is predetermined by the current situation in the locations of seaports, terminals and port facilities, in view of the need and expediency of ensuring and maintaining a state of protection against acts of unlawful interference. The article reveals the basic concepts, analyzes the factors and threats affecting the level of transport safety, and investigates the system and procedure for the implementation of legal norms regulating the legal relations inherent in the research area. The attention is focused on the problematic aspects of the transport safety implementation, regarding which the ways of improving the legislation of administrative and legal regulation of transport safety in the Russian Federation are proposed. There are gaps in the conceptual apparatus, which negatively affects law enforcement practice. Fixing the term fully reflecting the aspects of maritime transport security will eliminate the problem and the gap in interpretation, and will assist in concretizing the terminology as well. The imperfection of the content of Article 11.6 of the Code of Administrative Offenses of the Russian Federation provides prerequisites for the commission of offenses of both minor severity and those that can be qualified as actions that create a threat of committing an act of unlawful interference on protected objects of transport infrastructure, objects of the fuel and energy complex, which can entail serious consequences.

Implementation of Legal Norms & Notaries Responsibility in the Making of a Deed of Grants

The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercise of my position as stated in Article 4 paragraph (2) of the UUJN, it is also explained in Article 1909 paragraph (3) of the Civil Code that anyone who because of his position, work or position according to the law, must to keep something secret.

ПРАВОПРИМЕНИТЕЛЬНАЯ КОМПЕТЕНТНОСТЬ БУДУЩЕГО ЮРИСТА: ПОНЯТИЕ, СТРУКТУРА И СОСТАВ

Statement of the problem. The current stage of the development of higher education in the Russian Federation is inextricably linked with the systematic renewal of all elements of the education system, which is based on innovative pedagogical technologies that reflect the changes taking place in the fields of culture, economics, law, science, and technology. Innovative processes in the life of the state and society impose new requirements on the legal community as one of the foundations of a democratic rule of law state, as well as on educational institutions implementing professional educational programs of higher legal education. Therefore, there is a need to update the content of the professional competence of a lawyer, which should be formed among students as a result of mastering the educational program. A graduate of a law institute at the beginning of his professional activity should be ready to solve various legal situations, usually related to the application and implementation of legal norms. However, often in the process of studying at a university with a significant amount of professional knowledge taught, due attention is not paid to the development and consolidation of professional skills, primary experience of professional activity, including the field of law enforcement. The lack of research in pedagogical science, the object of which would be the law enforcement competence of a future lawyer as an integral part of professional competence, determined the relevance of this study. The purpose of the article is to determine the essence and structure of law enforcement competence, as well as its place in the professional activity of a lawyer. The article analyzes the correlation of the concepts of “professional” and “law enforcement” competence of a lawyer from the positions of various approaches, justifies the expediency of allocating the law enforcement competence of a future lawyer as an integral part of professional competence according to the Federal Educational Standard 40.03.01 Jurisprudence. Methodology (materials and methods). Analysis of the works of Russian and foreign researchers on the problem of training specialists in the field of jurisprudence; analysis of normative legal acts regulating the field of education, analysis and synthesis of the authors’ experience in training students of the appropriate specialization, as well as a survey of employers as representatives of the labor market made it possible to determine the special place of law enforcement as a type of activity in the structure of professional competence of a lawyer, as well as the component composition of law enforcement competence. Research results. The article provides an analysis of educational standards in the field of jurisprudence, substantiates the expediency of distinguishing law enforcement competence as an integral part of the professional competence of a lawyer, suggests the authors’ formulation of the concept of “law enforcement competence of a future lawyer”, and also defines its component composition. Law enforcement competence is characterized as a necessary type of activity aimed at forming the professional competence of a lawyer. Based on the general characteristics of modern professional tasks and related labor functions, which a future lawyer should be ready to perform, it is concluded that it is necessary to create special conditions aimed at forming the law enforcement competence of a future lawyer. Conclusion. At present, there is statistical processing of data obtained during a pedagogical experiment on the implementation of organizational and pedagogical conditions for the formation of law enforcement competence among future lawyers studying at a university. This experiment was conducted in the Law Institute of the Krasnoyarsk State Agrarian University.

Policeman’s competence as a component of his administrative and legal status: experience of the Baltic countries and the USA

Problem setting. The priority of law enforcement agencies of any developed country is to ensure law and order, protect individuals, society and the state from crime, and combat crime. These functions stand out among others in the regulatory framework and are the starting point for the activities of the country's law enforcement system. However, it is fair to say that the extent to which primary and secondary police powers are exercised varies considerably across countries. The level of its efficiency depends on it to a greater extent. Having embarked on the path of European integration, Ukraine has adopted a lot of new things into the legal basis of the National Police of Ukraine, however, there is a need for further implementation of legal norms in national legislation. Target of research. The purpose of the study is to analyze the police powers in the United States, Ukraine and the Baltic countries, the search for new models of policing for further implementation in Ukrainian legislation. Analysis of recent researches and publications. Significant contribution to the study of the organization and legal support of policing in the world, its importance in ensuring public safety, areas of strategic development of the police have made such scientists as Bugaychuk K. L., Chumak V. V, Mashutina E. V., Filstein M. V. etc. Article’s main body. Police activities in Ukraine, first of all, is regulated by the Law of Ukraine «On the National Police» (02.07. 2015). It defines the principles of police activity, the police system, the measures applied by police officers, police powers, etc. Police powers are disclosed in the regulations quite fully and clearly, there is a division into basic, due to the appointment of a police body, and additional, which can be determined only by law. Nevertheless, the problem lies in the uncertainty of these powers given the police system. Given problems related to the normative component of policing, it is appropriate and relevant to refer to the foreign practice of the police, in particular to identify some features of their competence. We suggest that police competence is understood as a set of rights and responsibilities of a police officer, as well as the services provided by him. Analysing the experience of the Latvian police, it is necessary to note the differentiation of the police body depending on the field of activity and direct subordination. The Latvian police system has the following police units: the State Police, the Security Police, the Self-Government Police and the Port Police. Police activity in Lithuania has certain features of the stages of reforming the Lithuanian police such as depoliticization, professional development of the law enforcement system, active fight against corruption, provision of law enforcement services to the population, cooperation with the European community, deepening integration processes of internal security. Conclusions and prospects for the development. It is appropriate to establish a legal definition of each structural unit of the police and their main powers, as well as to propose the division of police powers depending on their rights, responsibilities and services. Specific changes should concern both the Law of Ukraine «On the National Police» and bylaws, in particular the Resolution of the Cabinet of Ministers of 04.06.2007 «On approval of the list of paid services provided by units … of the National Police», the Resolution of the Cabinet of Ministers of 28.10.2015. «On approval of the Regulations on the National Police».

Modern Investment Legislation And Judicial Practice Are The Legal Guarantee Of Effective Reforms

In this article, modern investment legislation is considered on the basis of legal acts regulating investment activity. The state of the investment climate in the country is summarized with judicial practice. In addition, in the scientific work has been analyzed the features and differences of the previous legislation of the Law of the Republic of Uzbekistan “On Investments and Investment Activities”. Furthermore, based on the results of the study, several proposals were recommended to improve legislation and practice of the Investment Activities in the Republic of Uzbekistan, the implementation of legal norms and to ensure effective protection of investors' rights.

Pravna zaštita korisnika finansijskih usluga u Bosni i Hercegovini

In recent years, the financial market of Bosnia and Herzegovina has been characterized by the expansion of financial services, especially retail lending services, which are offered by various methods and channels of advertising, and in most cases do not comply with regulations governing this area. This paper analyzes the financial market of Bosnia and Herzegovina, with special reference to legal regulations that should be in the function of protecting users of financial services. The financial market is innovative, it has a significant range of financial services, which brings numerous advantages and benefits, but at the same time carries hidden risks for users who, in the long run, become dependent and unprotected from the influence of financial institutions. The aim of this paper is to point out the most common problems faced by users of financial services in Bosnia and Herzegovina and the instruments of legal protection, because there is a huge gap between the declared conditions of use of financial services and realistically achievable rights of users in practice. Today, there are legal solutions regulating relations in the financial sector, but they have been adopted with a delay, thus there is a violation of the basic rights of users of financial services, and monopolistic, we can even say legally unfounded behavior of financial institutions, based on their power and inconsistency in the implementation of legal norms in practice and by authorized state institutions.

Implementation of the functions of law in the process of its implementation

Goal. This article examines the main forms of implementation of the functions of law in the context of law enforcement. Method. The methodology includes a set of analysis and generalization of scientific and theoretical material. In order to obtain the most reliable scientific results, the study used general scientific, conceptual and philosophical approaches, including the following methods: hermeneutic-legal, comparative-legal and structural-functional. Results. The study recognized that the implementation of law is a mechanism for implementing legal norms that meet the requirements of the purpose of legal regulation as the formation of individuals with a high level of orthodox behavior, streamlining public relations and strengthening the requirements of law and order. The implementation of the law is carried out in the following forms: compliance - is the implementation of the requirements of prohibitive legal norms, compliance - binding rules of law and the use - authorizing rules of law. As for the subjective behavior of participants in the implementation of legal norms, it can be manifested both in active form (implementation, use) and in passive abstinence from it (compliance). The implementation of the functions of law are a means of influencing the law on the behavior of participants in public relations, which are manifested in the following forms: information; orientation and legal regulation. Scientific novelty. The study identified and substantiated the main forms of implementation of the functions of law and its implementation, in particular by conducting a comparative analysis of these categories in theoretical and practical aspects, it is determined that their implementation is based on an effective mechanism for implementing the will of the legislator and the state. society and the concept of the rule of law in Ukraine. Practical significance. The results obtained during the study can be used in law enforcement and research.

Organizational and Legal Principles of Ensuring Academic Autonomy of Higher Educational Institutions

The objective of the article is to determine the content and specific features of organizational and legal principles for ensuring the academic autonomy of higher educational institutions. In order to achieve this objective, the authors used the following methods of scientific cognition: dialectical, formal and legal, bibliographic. Problematic issues that are directly related to the implementation of legal norms for ensuring academic autonomy of higher educational institutions have been studied. The authors have formed own definitions of such concepts as “academic autonomy of educational institutions”, “organizational provision of academic autonomy” and “legal provision of academic autonomy”. Historical stages of formation and development of academic autonomy have been considered. Foreign and international norms regarding the observance of academic freedom and honesty in the most developed democratic countries of the world have been characterized. Suggestions for improving academic mobility, academic autonomy and academic freedom both in Ukraine and in the world have been provided.

The mechanism of administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors: scientific and theoretical aspects

The article based on the analysis of scientists' points of view formulated the author’s definition of the legal construction “administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors”, reveals its signs.It is proposed to interpret it as a set of administrative-legal forms, methods and tools by which a set of control measures is determined, using which the state influences the activities of subjects and objects in the sphere of legal trafficking of narcotic drugs, psychotropic substances and precursors in order to reduce their non-medical consumption, their illicit trafficking, as well as related offenses. In the implementation of the administrative and legal regulation of such state control, its mechanism is of particular importance. The concept of “the mechanism of administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors” is established, its elements are analyzed. It was found that the elements of such a mechanism should include administrative-legal norms of law, administrative-legal relations, acts of interpretation and the implementation of legal norms, legal consciousness and legal culture.

Content Of The Concept Of Enforcement

That is, we can say that the implementation of legal norms is the embodiment of legal norms in the actual activity of enterprises, institutions, organizations, public authorities, officials and citizens.
 Classifying the concept of «implementation of the rules of law» by the method of implementation of legal orders, distinguish such forms of their implementation as the use, implementation, observance of direct (ordinary, ordinary) forms of law, ie, those that, first, pass any the process of implementation of the rules of law, and, secondly, that do not require outside intervention, is carried out solely through the own behavior of persons to whom the relevant legal prescriptions are addressed.
 The application of law has social and legal functions. Social, economic, political, socio-cultural, cultural and educational functions should be attributed to social functions. Legal and regulatory functions should be attributed to legal. Yes, the legal functions of the application of law take a specific form and are law securing or perform the function of individual legal regulation because they stem from the very nature of the application of law.
 Enforcement as a special form of management consists of a set of legal requirements, permits, enforcement acts that are aimed at exercising management through individual decisions, registration of decisions and the organization of implementation of relevant decisions. Thus, the regularization of legal relations is achieved not only through the automatic effect of legal rules, but also through the adoption of acts of enforcement.
 Summarizing all of the above, it should be noted that enforcement activities can take place both at the public-governmental level and at the private-legal level. That is, the subjects of the state-level government are: competent state bodies, their officials, as well as authorized by law local self-government bodies, public associations and their officials. The activities of such entities are aimed at establishing mechanisms, rights of guarantees and obligations by which citizens can exercise their rights provided by the Constitution of Ukraine.
 In terms of the private-law level of enforcement, it is derived from the previous one. The subject of this level is the employer or its authorized body or person empowered to issue ordinance, local level and employee.

National law and order of Russia in the conditions of digitalization

««Вестник Санкт-Петербургского университета. Право» — международный научно-теоретический рецензируемый журнал, публикующий материалы в следующих рубриках: Публичное и частное право: прикладные исследования Криминология Криминалистика Судебная экспертиза Исследования права с позиций социальных и гуманитарных (неюридических) наук Правовая жизнь: научно-практические заключения, комментарии и обзоры Сравнительное право Зарубежное право

Общесоциальные и специально-юридические средства обеспечения реализации правовых норм

Общесоциальные и специально-юридические средства обеспечения реализации правовых норм

MODERN TOOLS FOR THE ENSURING OF THE NATIONAL MODEL OF THE �GREEN� ECONOMY ECO DEVELOPMENT

MODERN TOOLS FOR THE ENSURING OF THE NATIONAL MODEL OF THE �GREEN� ECONOMY ECO DEVELOPMENT

Status Kepemilikan Tanah Adat Di Bali Yang Diakui Sebagai Tanah Milik Pribadi

Based on the provisions of Article 9 paragraph (5) Regional Regulation of Bali Province Number 3 of 2001 concerning Pakraman Village juncto Regional Regulation of Bali Province Number 3 of 2003 concerning changes in Bali Provincial Regulation Number 3 of 2001 concerning Pakraman Village, it has been clearly determined that village land and or land owned by Pakraman village cannot be certified in private name. Sociologically, there is still a gap between the regulation of village land (das sollen) and its implementation regarding the ownership status of village land (das sein). From the description of the previous background, there are formulations of the problem, among others: (1) What are the factors that cause the number of customary lands in Bali to be recognized as private property? and (2) How are efforts to reduce customary land in Bali to private property? The purpose of this study was to analyze the factors that caused customary land in Bali to be private land. The method used in this paper is an empirical legal research method by examining primary data and secondary data with library observation and literature techniques. The results of this study indicate that: (1) the lack of legal awareness of indigenous peoples to comply with legal norms, then the lack of community support in the implementation of legal norms and intentions in ignoring legal norms. And (2) certifying the customary land by making Pakraman village as its legal subject, considering the Appointment of Pakraman Village in Bali Province as the Subject of Land-based Joint Communal Law based on Minister of Agrarian and Spatial Planning National Land Agency Number 276 / KEP-19.2 / X / 2017.