Independent Branch Of Law Research Articles

Advocating for environmental law – grounds for its status as an independent branch of law in Slovak legal doctrine

The article traces the historical development of environmental regulation in Czechoslovakia, and subsequently Slovakia, highlighting the transition from fragmented legal frameworks to comprehensivelegislation, notably Act no. 17/1992 Coll. on Environment. It explores theoretical debates on whether environmental law constitutes an independent legal branch, examining criteria, such as subject matter, objectives, distinct principles, regulatory methods, and international dimensions. While advocating for environmental law’s recognition as a distinct branch, the article acknowledges ongoing debates and emphasizes the need for continued inquiry to reach consensus. Overall, it provides insights into environmental law’s evolution, challenges, and potential role within legal theory and practice.

Identification of Legal Psychology as an Independent Branch of Law

The science article conducts a theoretical and legal analysis of a new field of scientific knowledge – legal psychology from the standpoint of its perception as an independent branch of law. In the context of the above, the problematic aspects of legal psychology as a scientific, educational and applied branch of legal knowledge are studied on the basis of previously developed by legal psychologists levels of interaction and integration of law and psychology. The formation of legal psychology as a science and vectors of application of its achievements in judicial practice is analyzed. The author's approach in the formation of a new independent branch of law – legal psychology and determining its place in the classification of branches of law is proposed. The author emphasizes the need and urgent demand for the separation of legal psychology as a separate special branch of law that can regulate specific legal relations inherent in the fundamental (profiling) branches of law. The relevance of the article is due to the fact that in domestic legal science the division of the legal system in the field is assessed not in terms of its practical value, but rather in terms of confirming and defending certain scientific and theoretical ideas and concepts, contrary to the expediency of combining certain legal relations in the branch of law to achieve the desired social result through comprehensive study and regulation of specific relations. This, in turn, slows down the formation of new branches of law demanded by legal practice, among which legal psychology is singled out. It is emphasized that the question of the branch affiliation of legal psychology has not only theoretical but also practical significance, uniting individual legal relations in the field of law in order to achieve the desired social result through comprehensive study and regulation of these relations. Attention is drawn to the special classification of legal psychology as a special branch of law, as the latter combines the rules of law governing public relations and related to primary social relations aimed at concretization, strengthening certain rules of basic branches of law, while providing special legal regime for a particular type of social relations. By subordination in legal regulation, legal psychology belongs to the procedural types of branches of law, as it combines the rules of law that determine the procedure, the order for implementing substantive law (criminal procedure, civil procedure, commercial procedure, administrative procedure law). It is proposed to include legal psychology in an independent branch of law, given the presence of features that are inherent in the branches of law; the specificity of the regime of legal regulation; its direct connection with the needs of practice; recognition of its achievements in judicial practice; unification of certain legal relations in the subject of law; conditionality of functional purpose and the place of this industry in the legal system (its type in the classification of industries).

К вопросу об определении места градостроительного права в системе права России

A relevant and controversial aspect in the modern theory of law in the development of the modern doctrine of the legal system is the question of the intersectoral division of the Russian legal system, the criteria for its construction, as well as the isolation and systematization of legal norms that are complex in nature. The purpose of the article is to establish intersectoral connections, criteria for systematization and the place in the system of Russian law of urban planning norms as a legal community that combines elements of private law and public law influence in the mechanism of legal regulation. A systematic approach and such logical research methods as analysis and synthesis made it possible to determine the place of urban planning norms in the system of Russian law as an independent branch of law with a special mixed type of legal regulation. Scope of application of the results: the main results and conclusions of the study can be used as the basis for the formation of new approaches to building a legal system and criteria for differentiating legal norms. In addition, the recognition of urban planning law as an independent branch of law will significantly facilitate the processes of law enforcement and law-making activities in the urban planning industry. Conclusions: the totality of the subject, method, principles, goals and functions of urban planning norms, forming a special mechanism of legal regulation, indicates the qualitative originality of the regulated sphere of social relations and the isolation of urban planning law as part of the Russian legal system as a branch of law. At the same time, the complex nature of urban planning law by type of legal regulation is due to the interpenetration of private law and public law interests.

ЗЕМЕЛЬНІ ПРАВОПОРУШЕННЯ: РОЗМЕЖУВАННЯ КРИМІНАЛЬНОЇ, АДМІНІСТРАТИВНОЇ І ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.

Coordination of the interests of the parties to labor relations and the state at the labor market

In modern conditions, the role of the state is significantly increasing — both in the sphere of the national economy as a whole and in the sphere of labor. This is due to a number of circumstances, including, first of all, factors of a transient, extraordinary nature. However, much more important is the long-term factor associated with the radical transformation of the economy, with its transition to the type that is defined as the “supply economy”. The supply economy assumes not just the reaction of the economy to the demand developing in different sectors of social life, but above all the impact on the formation of this demand. It is obvious that this task cannot be solved by internal, purely market means — an active social policy is required, which is designed to be developed and implemented by the state, which, according to the force of the Russian Constitution, is a social state. The directions of this policy are extremely diverse, but to a very significant extent it concerns the sphere of the labor market and labor relations. The traditional task of the state in this area is to coordinate the socially significant interests of social groups of workers and employers as participants in the labor market. In turn, the solution of this problem is connected with the need to carry out a number of organizational and legal measures aimed at streamlining the legal status of labor market participants and protecting their rights and legitimate interests. The logical consequence of solving this global task is the transformation of the system of domestic law, which should find its expression in the allocation and formation of an array of legal norms on employment — initially as a special branch of legislation within which the social policy of the state will be implemented, and in the future — an independent branch of law.

Concept «municipal law – a complex branch of law»: a critical analysis of modern approaches

Purpose. The purpose of the article is a critical analysis of the point of view common in modern legal science regarding the understanding of municipal law as a complex branch of law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: systemic and structural-functional methods – used to identify features of municipal law as an independent branch of law; the sociological method was used in the analysis of internal and external factors and social processes that determined the evolution of municipal law, as well as in the analysis of the current state of its development in Ukraine; formal-logical method – to determine the main concepts, legal bases of conflict resolution in understanding the legal nature of municipal law; the semantic method was applied to clarify the meaning of such phrases as «municipal law», «branch of law», «municipal power», «municipal human rights», etc., their meaning in the context of the formation of the theory of modern municipal law. Results: In the process of research, it was recognized that municipal law is an independent branch of law, and the concept of understanding it as a complex branch of law is theoretically erroneous and practically harmful. Originality. In the process of research, it was established that municipal law as an independent branch of law has its own specific subject of regulation, its own characteristics, and does not consist of the norms of various homogeneous branches of law as some secondary regulatory entity. This is confirmed by the specificity of the tasks of legal regulation of relations related to the organization and functioning of municipal authorities, as well as the implementation and protection of municipal human rights. Practical significance. The results of the research can be used in law-making work – as theoretical material for improving the municipal legal regulation of the organization and activities of local self-government as a type of public power in Ukraine; in the research field – for further development of the theory of municipal law; in the educational process – during the preparation of relevant sections of textbooks and educational aids on the municipal law of Ukraine and foreign countries, teaching of relevant educational disciplines and special courses.

"EXECUTIVE LAW IN THE SYSTEM OF LAW OF THE REPUBLIC OF KAZAKHSTAN "

"In this article the essence and importance of the Executive law, its interrelation with other branches of law in the system of law are considered. Executive law is a subject of regulation of one of the youngest branches of law in the Republic of Kazakhstan. Execution law is a system of procedural legal provisions governing legal relations arising in the process of enforcement proceedings where a subjective substantive right or a legally protected interest challenged by a debtor and confirmed by a jurisdictional act receives its implementation through the mechanism of state enforcement. Proper and timely enforcement of judicial acts, acts of other bodies and officials, and in cases stipulated by the legislation of the Republic of Kazakhstan execution of other documents in order to protect violated rights, freedoms and interests of citizens and organisations. The subject of legal regulation of the law of execution is the social relations arising in the process of enforcement proceedings. The basis of the subject of legal regulation of the Executive law is a totality of relations between the bodies of enforcement on the one hand, and the plaintiff, the debtor and other participants of the enforcement proceedings on the other hand. Features of enforcement proceedings predetermine the specifics of legal regulation. Currently, enforcement proceedings are removed from the system of civil procedural legislation. Executive law, as an independent branch of law, is an ordered legal formation, characterized by internal organization, as well as the close interaction of all its structural elements. Executive law regulates a kind of legal activity of a specially authorized public person – court bailiff, which consists of a compulsory execution of judicial decisions and acts of other bodies carried out in a special procedural form. When writing the article the scientific, educational literature of domestic and foreign authors, normative acts of the Republic of Kazakhstan, regulating the activity of the executive production were used. Keywords: executive law, enforcement proceedings, bailiff, system, process, branch, system. "

Informatics Law as an Independent Branch of Law

Bu çalışma, hukukun en yeni dalları arasında yer alan bilişim hukukunun bağımsız bir alan olup olmadığına ilişkindir. Bilişim hukukunun hukukun bağımsız bir alanı olup olmadığı hususunda doktrinde farklı görüşler bulunmaktadır. Çalışmada bilişim hukukunun bağımsız bir hukuk alanı olup olmadığına ilişkin değerlendirmeler yapılmadan önce bilişim, bilgi teknolojisi, bilgi bilimi, bilgisayar bilimi ve internet kavramları üzerinde durulmuştur. Konunun daha iyi açıklanması açısından temel kavramların tanımlanması önem taşımaktadır. Çalışmada daha sonra doktrinde internet hukuku ve bilgi hukuku bakımından ileri sürülen farklı görüşler ve tartışmalar ele alınmaya çalışılmıştır. Bu kapsamda Amerikan, İngiliz ve İsviçre doktrinindeki görüşlere yer verilmiştir. Bu görüşlerin dayandıkları esaslar açıklanmış ve neden kabul edilip edilmeyecekleri irdelenmeye çalışılmıştır. Çalışmada ayrıca bilişim hukukunun hukuk temel alanı içinde bir doçentlik bilim alanı olarak açılması, bir anabilim dalı olarak hukuk fakültelerinde yer almasına ilişkin gelişmelere değinilmeye gayret edilmiştir. Çalışma hukuk fakültelerinde lisans ve yüksek lisans programlarında bilişim hukukunun farklı üniversitelerde farklı şekillerde konumlandırılması hususuna da değinmektedir.

Academician V.V. Laptev on the main component of Economic (Entrepreneurial) Law

In the article, the main, basic component of Economic (Entrepreneurial) Law, which is the main achievement of Academician V.V. Laptev, as an independent branch of law, branch of legal science, branch of legislation and academic discipline is defined as an organic combination of legal regulation of economic activity (entrepreneurial) and its management. In fact, it is an organic combination of private law and public law principles. Noting that the development of this industry, according to scientists, went through three stages during the Soviet period, called: “two-sector” theory (20s), a single pre-war theory (the second half of the 30s) and the post-war so-called “addressee” theory, the author believes that Entrepreneurial Law as well as the Economic Law of the market economy - this is the fourth stage, which is another significant scientific achievement of V.V. Laptev. The author has made 10 conclusions and makes appropriate proposals

The 2020 Constitutional Reform: An Independent Constitutional and Legal Status of Commercial (Arbitrazh) Courts being fixed for the First Time

The paper analyzes the interim results of the 2020 constitutional reform, which affected the foundations of the judiciary in the territory of the Russian Federation. The author assumes and justifies that there is a change in priorities and vectors of legislative work in the field of commercial (arbitrazh) procedural legislation. Based on the analysis of the history of the creation of commercial (arbitrazh) courts, the author makes a conclusion about the formation and development of commercial (arbitrazh) courts as an independent procedural form of the exercise of judicial power in modern Russia. An assessment of the role of Professor V.F. Yakovlev in the creation of commercial (arbitrazh) courts in Russia is given. The author notes the importance of fixing the constitutional and legal status of the system of commercial (arbitrazh) courts. The author shares the opinion, which is of enormous theoretical and practical importance, that the activity of commercial (arbitrazh) courts is a form of exercising judicial power both in the sphere of civil and administrative proceedings. In the context of the problem of a possible «absorption» by the unified Civil Procedure Code of the Russian Federation, including the Commercial (Arbitrazh) Procedure Code, the adoption of amendments to the Constitution reduces such a threat. The author concludes that the rules of commercial (arbitrazh) procedural law, being improved, undergoing different editions, allowing for disputes and discussions at the scientific and practical level, have been preserved as an independent branch of law. At the same time, these rules are, along with the Constitution of the Russian Federation, the fundamental basis of the independent legal status of the commercial (arbitrazh) courts system.

The Question of the Conceptual Apparatus of the Russian Judicial System

The paper is devoted to the formation of the conceptual apparatus of the Russian judicial system as an independent branch of law with its own specific subject and method of regulation. The current Russian judicial system legislation is a set of normative acts regulating the organization of various types of courts that form the judicial system of the Russian Federation (the Constitutional Court of the Russian Federation and constitutional (statutory) courts of constituent entities of the Russian Federation, courts of general jurisdiction and arbitrazh (commercial) courts). A separate block of judicial laws consists of normative acts on the legal status of judges, jurors and arbitrazh (commercial) courts assessors, as well as on the bodies of the judicial community and the bodies ensuring the activities of the court. All laws contain a certain categorical apparatus, which is often called a conceptual apparatus. The authors draw attention to the fact that, despite its great importance, there is virtually no terminological unity in the sphere of the judicial system. Many doctrinal definitions do not find their legal support, and therefore receive different interpretations and meanings, which is unacceptable in a developed legal system. In addition to analyzing the conceptual apparatus, the authors also make a conclusion about the need to adopt a unified judicial code that would solve many problems of legal science and practice. The study of the issues of the conceptual apparatus of the Russian judicial system makes it possible to summarize that, firstly, the basic and derived definitions of the judicial system are practically absent in the texts of normative legal acts; secondly, the same terms are used in different meanings; thirdly, a clear categorical apparatus has not been developed, which is necessary for any branch of law; finally, it is necessary to adopt a unified judicial code.

The problem of determining the place of family law in the legal system

The article is devoted to the category of the problem of determining the place of family law in the legal system of Ukraine. The question of determining the place of family law in the legal system is debatable. There are two main points of view on this issue. According to the first of them, family law is considered as an integral part of civil law, its sub-branch, according to the second family law - is an independent branch of law, separate from civil law. The essence of the discussion is to recognize the existence of family law specific subject and method of legal regulation, do not coincide with the subject and method of civil law, or to identify subjects and methods of family law and civil law and, accordingly, to consider family law as a branch of civil law.
 Today, the above questions can be asked in two aspects: in retrospect, in terms of the concepts of family law that have existed in science at different times, and in terms of the modern vision of the problem.
 Today, the intensity of the discussion has decreased due to the revision of basic concepts of law. Restoration of the division of the right into private and public has become not just a tribute to fashion, but a natural and necessary step in the development of Ukrainian legal thought.
 Public law is considered as a set of rules, the subject of regulation of which is the sphere of public (state) interests. The relations that arise here are based on the principles of subordination.
 Private law, on the contrary, is a set of rules, the subject of regulation of which is the sphere of private, individual interests of the person1. Such relations are based on the coordination of the purpose and interests of their participants, who in the process of interaction satisfy first of all their private interests.
 Family law is closely linked to other areas of law, including civil law on property rights and inheritance; Like housing rights, people who are eligible for housing also live in a family, although the definition of an agency has certain departmental characteristics.
 Family law is characterized by the presence of many rules that contain positive obligations. They are primarily addressed to adult family members and relatives - parents, adoptive parents, guardians and trustees. Positive commitments seem to motivate participants in family relationships to positive actions, stimulate their lawful behavior. Yes, parents are obliged to support the child until he or she reaches the age of majority; guardian, trustee is obliged to raise the child, take care of his health, physical, mental, spiritual development, to ensure that the child receives a full general secondary education.

До питання про природу освітнього права

The paper focuses on the legal nature of educational law. The current trend is an increase in the arithmetic progression of the quantity of brunches of the legislation. However, an increase in the branches of the legislation does not automatically lead to an increase in the branches of law. And if a certain branch of law always corresponds to a branch of legislation, then a branch of legislation does not always reflect a certain branch of law. This is quite justified in relation to educational law. Despite the fact that the term “educational law” is recognized as well-established, the issue of the status of educational law remains controversial. The paper emphasizes that the transformation of views on the relative nature of educational law has come a long way from complete rejection of educational law, when it was considered only a sub-branch of administrative law to attempts to justify educational law as an independent branch of law. It is carried out analysis of different approaches for determining the legal nature of educational law, namely: as a sub-branch of administrative law, as a complex branch of law, as a legal array, as an independent area of research, as a discipline, as a special part of information law. The author pays special attention to highlighting the strengths and weaknesses of representatives of various fields in justifying the status of educational law. Attention is drawn to the fact that none of the supporters of the separation of educational law as an independent branch of law has proved and shown why the issue of legal regulation of educational relations should be considered outside of administrative law. It is emphasized the need to include in the curriculum a separate course “Educational Law” in the pedagogical sector of education and postgraduate studies. This is not about the formation of a unified approach to the teaching of discipline “Educational Law”. The subject and system of the discipline should be determined by the target audience, as well as current trends in education.

Theoretical foundations and development priorities of national security rights

The legal content of national security is revealed in the law of national security and becomes a crucial area for the development of legal science in modern conditions of the armed aggression unleashed by the Russian Federation against Ukraine and crisis processes in the international security system. The purpose of this study was to determine the features of national security law as a branch of the national legal system and establish prospects for the development of this branch of law. This study employed a set of methods, which include dialectical, Aristotelian, historical-legal, comparative-analytical, sociological methods, as well as methods of structural analysis, legal modelling, and forecasting. National security law is considered an independent branch of law that demonstrates its public significance in the legal support of national security. National interests, as generally significant interests protected by law, form objects of national security law, are reflected in social communications, which, under the influence of national security law, acquire the features of legal strategic communications. At the same time, the integrative qualities of national security law are manifested in interaction with international security law and military law. National security law forms a system of legal support for national security. Priorities for the development of national security law are implemented in a complex of research, organisational and educational measures, which determines the introduction of the corresponding scientific speciality and educational specialisation. The practical value of the study was to cover the features of national security law as a value-normative system of statuses, rules of conduct, communications, which has public recognition and is legitimised to ensure safe conditions for human life, the existence and development of society and the state, and to justify the development of the subject area of national security law towards qualitative indicators of legal support of all components of the national security system, structuring its types, levels – from national to international, entering the legal system of collective international security based on international principles and standards that form such a security system

ARTICLE 29/39 OF THE MAGNA CARTA IN THE PUBLIC CONTROVERSY OF THE LATE 16TH CENTURY

The article is devoted to the reception life of Article 29/39 of the Magna Carta in the political and right-wing controversy of England at the end of the 16th century. It is shown that the Magna Carta, which fell out of use in the late Middle Ages, returned to the political and right-wing space in the Elizabethan era. It was customary to use the Magna Carta in the 1225 edition, otherwise the edition of Henry III, which was confirmed more than 30 times and was perceived as an act of parliament. An analysis of the treatises of common law jurists William Fleetwood and Robert Snape led to the conclusion that the Magna Carta was considered a document that restored the ancient best and just right, trampled by the Norman invasion, and ensured continuity with the beyond the memory of British antiquity. Article 29 was considered the core and quintessence of the liberties and rights of subjects. A study of the controversy between common law lawyers James Maurice, Robert Beale and civilist Richard Coisin around the judicial powers of the High Commission, its ex officio inquisition procedure and specific incidents of persecution of nonconformist priests led to the conclusion that these common law lawyers insisted on the fundamental nature of Article 29, on the unlawfulness of the prosecutions, the inability of the commission to issue criminal sentences and to use the ex officio inquisition oath. They argued that the royal authority did not have the prerogative to create commissions in violation of Article 29. Civilist Richard Coisin objected that ecclesiastical jurisdiction is an independent branch of law and is not subject to Magna Carta.

Принципы жилищного права (на материалах Республики Беларусь)

Определение места жилищного права в системе права – проблема теоретического порядка, однако от ее решения зависит эффективное правовое регулирование жилищных отношений. В качестве исходной позиции авторы статьи выдвигают тезис о том, что выделение новых самостоятельных отраслей права оправдано лишь при наличии объективной возможности выделения специфических, присущих только данному образованию основных начал (правовых принципов). На основе анализа принципов жилищного права, закрепленных в статье 3 Жилищного кодекса Республики Беларусь, авторы делают вывод об отсутствии уникальности принципов жилищного права, отражающих его исключительную отраслевую специфику. Наряду с отсутствием собственного предмета и метода правового регулирования жилищных отношений, это обстоятельство не позволяет признать жилищное право самостоятельной отраслью права. Данный вывод, однако, не колеблет уверенности в том, что точное понимание правовой природы и содержания принципов, положенных в основу правового регулирования, способно оказать позитивное влияние не только на формирование всего массива правовых норм, регулирующих жилищные правоотношения, но и способствовать формированию правоприменительной практики в соответствии с заданными ориентирами

Principles of legal proceedings in the Code of administrative proceedings and in the Civil procedure code

The subject. The system of principles of legal proceedings is one of the indicators of the independence of the type of legal proceedings. The article analyzes the general and distinctive features of the principles enshrined in the Russian Civil Procedure Сode and the Code of Administrative Procedure. The purpose of the article is confirmation or confutation of the hypothesis that there is no independent system of principles of administrative proceedings that differs from the system of principles of civil proceedings. The methodology of the study includes the formal legal method, analysis, synthesis. The main results. All of the principles enshrined in the Code of Administrative Procedure are also enshrined in the Civil Procedure Code except some minor characteristics. So, the active role of the court, involving a number of exceptions to the usual rules of evidence, was also characteristic of the regulation of the consideration of cases arising from public legal relations in the Code of Civil Procedure. The court’s active actions to determine the subject of evidence, to recover evidence are general rules of evidence for all types of proceedings. These rules existed both before the adoption of the Code of Administrative Procedure and after it. But the specifics of the execution of judicial acts adopted in cases of administrative proceedings require special attention. A characteristic feature in the consideration and resolution of most administrative cases is the immediate execution of decisions enshrined directly in the Code of Administrative Procedure. Such a rule can be considered as a priority of immediate execution, which is a characteristic feature of administrative proceedings. The author doubts about the need for normative consolidation of the principles, as well as the need for a special list of principles of administrative legal proceedings in separate article of the procedural code. Conclusons. The absence of an independent system of administrative procedural principles confirms the thesis that administrative proceedings cannot be considered an independent branch of law separated from civil proceedings law. However, the priority of immediate execution of a court decision is a characteristic feature (perhaps even a principle) of administrative proceedings.

Indywidualny akt administracji gospodarczej (próba zdefiniowania)

Celem artykułu jest zaproponowanie definicji pojęcia indywidualnego aktu administracji gospodarczej, rozumianego jako instrument służący ustalaniu sytuacji prawnej przedsiębiorcy. Przy okazji dowiedziono, że cechą odróżniającą indywidualne akty administracji gospodarczej od innych aktów władzy publicznej jest to, iż omawiane rozstrzygnięcia zapadają w wyniku przeprowadzenia procesu wyważania pomiędzy wolnością gospodarczą a innymi wartościami, które są chronione na poziomie regulacji ustrojowych. Przeprowadzone analizy mają służyć realizacji wyzwania po-legającego na zbudowaniu jednolitej siatki pojęciowej, mającej na celu potwierdzenie odrębności publicznego prawa gospodarczego jako samodzielnej gałęzi prawa.

Decodification VS recodification of the labor legislation of Ukraine

Introduction. The article is devoted to the study of urgent problems arising in the process of reforming labor legislation in Ukraine with a view to its liberalization. In connection with the introduction of the draft Labor Law, register for consideration by the Verkhovna Rada of Ukraine, No. 2708 dated 12/28/2019, the author focuses the attention on the question regarding the form of the main legislative act in the field of labor in Ukraine. The aim of the article is to find out the differences between the forms of systematization of legislation, in particular, codification, recodification and decoding, and to justify taking into account the peculiarities of the national legal system, which of these types is the most appropriate in the process of reforming the labor legislation in Ukraine. Results. The codification of legislation is primary in relation to other legal phenomena, as it underlies decodification and recodification. The codification is an independent and complete form of systematization of legislation, which can be replaced by decodification or recodification only in certain cases. The latter are completely opposite to each other and are directly dependent on codification, since the absence of a codified act makes them impossible. Recodification is a form of refinement of a codified act, a kind of tool for eliminating gaps in the legal regulation of a particular sphere of public relations. The existence of a codified act in the sphere of work for Ukraine is a legal tradition. The reform of labor law must be done with due regard to the fact that labor law is, among other things, a special tool for the implementation of social policy of the state and an independent branch of law, which is fundamentally different from other branches (civil, administrative) in its subject, method, the functions and principles of legal regulation. The comprehensive and systematic reform of the entire branch of labor law should be carried out through its recodification, that is, the adoption of a new modern Labor Code of Ukraine or Labor Code, which will concentrate most direct labor rules of labor, while maintaining the most fundamental provisions of current legislative and regulatory acts, which justified themselves terms. Conclusions. Modernizing the labor legislation of Ukraine in the form of its recodification is the most optimal option for further independent development of the labor law branch in the legal system of Ukraine.

Formation of Civil Law in China in 1912–1929

In the article, the authors based on unpublished earlier in Russian language materials,study the process of civil law formation as an independent branch of law in China, payingspecial attention to the beginning of the 20th century, when the Chinese legal systementered the modernization period. That period is characterized by the existence of aphenomenon of the absence of regulatory and legal material that regulates property andpersonal non-property social relations that form the basis of civil law, with the activities of the Supreme Court of the Republic of China. The court’s presidents, having receiveda brilliant legal education, by relying on general principles of law, applying establishedlegal customs, interpreting the old Qing legislation and doctrinal interpretation of draftlaws, managed to create a unique law enforcement practice. In the framework of the legalsystem that takes most of the legal positions and constructions from the Roman-Germanlegal family, the judicial precedent, without being formally declared as a source of law,actually took the predominant position in the hierarchy of sources for a decade and a halfbefore it was adopted in 1929-1931, the first and only civil code of China. This situationbecame possible due to the fact that the leadership of the Qing Empire, long trying tokeep the country in international isolation, as a result, was forced not only to open citiesand ports for foreigners but also to actually take full advantage of the European right,mostly German, French and Belgian, etc. However, blind copying of legal norms did notgive the desired result, and the political struggle after the abolition of the monarchy andthe abrogation of the previous legislation created a legal vacuum that needed to be filledin by the judiciary and other law enforcement agencies. That allowed the Supreme Courtof China not only to ensure the uniformity of judicial practice but also to become a lawmakingbody, adapting the existing legal norms to the needs of contemporary reality.The Supreme Court summarized and systematized its own decisions for the first 7 yearsof activity, from 1912 to 1918, publishing them in the form of a collection of abstracts.In 1920 the collection was partially translated into English, and in 1924, into French. In1923 it was supplemented with new jurisprudence and translated into Russian, but notpublished. And, despite the fact that the legal system of the PRC does not consider itselfto any extent the successor of the legal system of the Republic of China, the study ofthe sources of law of the period 1912-1949 is a prerequisite for the fulfillment of themain function of any science - the growth of new knowledge, and in relation to legalscience - understanding of legal traditions and approaches to solving problems andregulating social relations, which are also characteristic of modern Chinese society.