Implementation Of Legal Policy Research Articles

Development of civil society in the context of implementation of the principle of democracy

Introduction. The full-scale invasion of the Russian Federation caused an unprecedented strengthening of the role of civil society in all areas of state activity. In particular, the activity of citizens in the country’s defense system and volunteer activities has increased. This could be traced in the context of the adoption and implementation of state decisions during the implementation of a number of reformsand in the fight against corruption, control over the actions of authorities, and so on. The aim of the article. The purpose of the article is the scientific and theoretical substantiation of the development of civil society in the context of the implementation of the principle of democracy already in the post-war period. Results. Speaking about the principle of democracy, which is realized through the participation of the people in the formation of state authorities, in the implementation of legal policy, in the creation and improvement of the legislative body, we inextricably link it with civil society as a form of development of democracy. The historical origins of civil society are characterized. It is noted that the historical stages of the formation of the idea and institutions of civil society in Ukraine largely coincide with the periods of growth in the political activity of society and the periods of state formation and restoration of statehood. It is emphasized that, on the one hand, civil society is an important condition for the functioning of democracy, on the other hand, democracy constitutes a certain political foundation for the development of civil society, which contributes to its normal functioning. However, there are a number of problems in this direction that need to be solved. In particular, it is lobbying, strong alienation of citizens from the authorities, corruption, etc. And despite the significant steps taken to correct this situation (in particular, a number of anticorruption bodies have been created), one gets the impression that these are more formal steps needed to fulfill the conditions for European integration, while in practice nothing changes. It is proposed to pay attention to the following directions in the concept of the development of civil society in the context of the implementation of the principle of democracy: 1) creation of civil organizations based on interests, charitable funds, societies, associations (for example, focused on solving the problems of victims of war, social and psychological rehabilitation of combatants) and development of various forms of public self-government and self-activity; 2) improvement of the political and legal culture of the population, formation of civic competences, creation of new opportunities for citizens’ participation in the management of state and public aff airs, adoption of foreign experience in this field; 3) raising the level of social consciousness, overcoming the phenomena of social passivity, since it is not only about the presence of democratic institutions and procedures and awareness of the population, but also about the ability of this population to live in the conditions of democracy, to use its benefits, in readiness for constant improvement of the political system in accordance with changes in specific historical conditions and social transformations;4) strengthening of freedom of information and publicity, openness of society with the involvement of the widest possible connections with the foreign world. Conclusions. It was found that the greatest integration potential for the successful completion of democratic development in Ukraine after the end of the war is civil society, which is based on a high level of civic competences and civic responsibility. Civil society should become a reliable foundation of human rights and freedoms, contribute to the development of the democratic principle of unification and consolidation around the European civilizational choice of Ukraine. Key words: civil society, democracy, power, state, civil responsibility, civilcompetences, political system.

Implementation of Legal Policy in Indonesia in Handling Illegal Immigrants

Even though it is not a destination country, with the consequence of its geographical location, Indonesia is the final stopover for waves of asylum seekers and refugees going to the destination country, namely Australia. The presence of these illegal immigrants will raise demographic problems (population) and is related to social-economic conflicts and directly proportional to the crime rate. The fact that Indonesia is a country of transit for illegal immigrants is evident from the duration of their stay. As many as 17.50 percent of immigrant respondents stated that they lived in Indonesia for 2-4 weeks. It was that immigrants could pause for their next journey, change smuggling agents, or use transit as a separate strategy before entering Australian territory. Immigrants themselves when entering Indonesian territory must have valid documents by the laws and regulations in force in Indonesia as referred to in Article 8 paragraph (1) of Law Number 6 of 2011 concerning Immigration. Law enforcement against foreign nationals is aimed at issues of falsification of identity, lack of documents, registration of foreigners and provision of foreign control books, abuse of residence permits, illegal entry or stay illegal, expiry of stay permit, being in Indonesia outside monitoring by raids and geographic vulnerability in crossings.

Legal policy of Ukraine in the conditions of integration into the European Union

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.

Legal Policy, Legal Order and Civic Oversight in the Penal System

Introduction: the study of the state of legal order in various branches and institutions of Russian law is both a theoretical and an applied issue. Finding a solution to this issue affects the efficiency of organizing legal regulation of civic relations. The categories of legal policy and legal order are of key importance in this regard. They are not only mutually dependent, but also necessary for understanding the ways to improve the efficiency of civic oversight of the penitentiary system. Methods: we use dogmatic and legal analysis of scientific theoretical and legal concepts and formal and legal analysis of the current legislation. Results: legal order stems from the implementation of legal policy of the state in the system of legal norms, procedures for their implementation and results of their fulfillment. The use of philosophical categories such as “form” and “content” allows us to identify characteristic features of legal policy as a scientific concept. We prove that it is advisable to distinguish legal policy forms depending on the stages of regulation rather than on the types of legal activity. The stage of rational law-forming process corresponds to the “non-normative” form of legal policy, which consists in the adoption of various concepts and strategies for development; law-making as a stage at which the rule of law is established launches the mechanism for its general application and is accompanied by the “normative” form; the implementation of norms is seen as a final stage of regulation, which is characterized by the presence of casual legal policy. The content of legal policy constitutes a unity of goals, means and principles of activity. Discussion: we focus mainly on analyzing the content of normative legal policy in the sphere of civic oversight of the activities of Russia’s penal system. Content-related specifics of this form of legal policy are determined by the features of the subject and method of regulation and are viewed as principles that are not directly enacted in the legislation, but follow from its “spirit” and meaning. These principles allow us to form an objective view of the content of legal order. Key words: legal policy; legal order; civic oversight; penal system of the Russian Federation; non-governmental monitoring commissions.

Draft Concept of the legal policy of a constituent entity of the Russian Federation (on the example of the Tambov region): review of the materials of the All-Russian scientific and practical conference in the form of the “Round Table” of journals “State and Law”, “Legal culture”, “State legal research”

In the review materials of the All-Russian scientific and practical conference in the form of the “Round Table” devoted to the discussion of the draft Concept of the legal policy of a constituent entity of the Russian Federation (on the example of the Tambov region), theses of the reports of the participants of the event are presented. They reveal the most diverse aspects of the conceptual design and implementation of legal policy in the constituent entities of the Russian Federation. The importance of such a doctrinal and applied document as the Concept of legal policy of a constituent entity of the Russian Federation is emphasized, which can become a program of real actions of the regional authorities and civil society of the constituent entity of the Federation to ensure the state-legal development of the region, starting from the system of lawmaking and continuing with all other elements of the legal system of the constituent entity of the Russian Federation (law enforcement, powerless law enforcement, legal culture, legal consciousness, legal training and education, digitalization of law, etc.). The substantiation of the necessity of combining doctrinal and practical aspects in the course of preparation and improvement of the content of the Concept of legal policy of a constituent entity of the Russian Federation (on the example of the Tambov region) is carried out.

MEANS OF REALIZATION OF LEGAL POLICY: THEORETICAL AND METHODOLOGICAL ANALYSIS

The article is dedicatedto the research of nature of legal means that assist to realizing a qualitative and effective legal policy of the state. The different interpretations of the notion “legal means” are analyzed. There considered a system of legal policy means that includes both legal and non-legal instruments and technologies, which, in their turn, form two independent subsystems. The author’s definition of the concept of “means of legal policy” and their classification are presented. There made the conclusion that the possibility of achieving the set goals is directly dependent on how fully, efficiently and rationally the means of formation and implementation of legal policy will be applied.Legal policy is a complex and many-sided social phenomenon that plays the role of an effective instrument of improving the mechanism of legal regulation in the system of law for the modernization of the legal life of society in a progressive way. The efficiency of legal policy is evaluated as a rule by the results of achieving the set goals and fulfilling the corresponded to them tasks. There is the fundamentally important question by what means the goals were achieved and whether the expenditures are justified. At the same time, analyzing the state of legal life of Ukrainian society, one can note not enough high effectiveness of legal instruments. The search of ways of improving the law-making process actualizes the question of the doctrinal defining the nature of legal policy means that should contribute to the practical enhancement of the social value and effectiveness of legal instruments. The algorithm of actions for the formation and implementation of legal policy should be as follows: defining the specific goals – using the adequate means – achievement of desired result.The author reveals the essential characteristics of the category “legal policy means” on the basis of theoretical and methodological analysis with the purpose to substantiate the practical value of legal means. There noted the direct dependence of the possibility of achieving the set goals on how fully, effectively and rationally the instruments of formation and implementation of legal policy will be applied.Means, in any area of public policy, are instruments and technologies. In legal literature all means of legal policy are traditionally divided into directly legal and non-legal means. Exactly such legal means as various instruments (normative directives) and technology (various acts of practical implementation of regulatory directions in life) play a leading role in the implementation of legal policy.Therefore, means of legal policy are the instruments and technologies that are used for implementing the strategic legal ideas, which underlie legal policy, into practice.The system of legal policy means includes both legal and non-legal instruments and technologies. It is necessary to arrange the system of legal policy means in order to eliminate the existing contradictions, conflicts between the legal means that form the normative basis of legal regulation. Besides, non-legal means should be more actively used to increase the effectiveness of legal policy.

Особенности правового регулирования ответственности депутата на современном этапе

The article deals with the legal regulation of legal responsibility of deputies in the current Russian law. The current understanding of the free parliamentary mandate and the results of its anchoring in legislation. Particular attention is paid to recent changes in the law, which led to a significant revision of the duties and responsibilities of the people’s representatives. Further ways of improving the institute of responsibility and proposes concrete solutions to the existing problems in the sphere of regulation of the responsibility of the Council of Senators of the Federal Assembly of the Russian Federation are analyzed. In particular, it proposed to consolidate the right to a public authority of the subject of the Russian Federation to terminate the powers of the Federation Council of the Federal Assembly of the Russian Federation senator on the grounds of loss of confidence. We study the question of the implementation of legal policy aimed at building a legal state and civil society. The conclusion about the need to rethink the position of deputy and senator and establish in law a specific list of grounds for the loss of the aforementioned subjects of their status is made.

Правовая политика по вопросам детства как сфера государственной деятельности: теоретико-правовой аспект

The article presents the research results of the theoretical aspects of legal policy on issues of the childhood, conducted by the author within the scientific theme of the department. The concept of legal policy is analyzed, its essence and contents are revealed, the system of bodies efficient in the development and implementation of legal policy is determined, understanding of state legal policy as a phenomenon broader than the concept of law is substantiated. Priority areas of state legal policy at the present stage are presented. Problems of legal regulation in the field of children´s rights are revealed, specific areas are suggested that need to be taken into account when developing the concept of state legal policy in the field of child protection.