Legal Regulation Of Public Relations Research Articles

Legal regulation of public relations

Legal regulation of public relations

State and problems of legal regulation of public relations in the field of the agro-industrial complex

Purpose: The purpose of this work is to establish, on the basis of a systematic analysis of the factors influencing the provision of legality, the elements of the modern deterministic complex of negative phenomena in lawmaking, law enforcement and judicial practice related to the effectiveness of law enforcement in the Russian Federation. Design/methodology/approach: The methodological basis of the study was the comparative-legal, statistical, structural-functional and method of expert assessments. Findings: Today in Russia, in the conditions of state-political transformations, the main functional burden for their successful implementation is placed on the rule of law as the main socializing regulatory institution. It has an extremely negative impact on the state of the legality of the problem in lawmaking and law enforcement. To understand the essence of these problems and minimize their consequences, the authors substantiate the need to study the identified issues within the framework of the concept of legal dementia. Legal dementia is such a state of compliance by subjects of law with the provisions of the law, which is characterized by a failure to some extent by state bodies not only to fulfill their functions, but also inability to respond due to a low level of competence and professionalism to factors that weaken the effectiveness of legal guarantees. Originality/value: The study made it possible to come to qualitatively new conclusions substantiating the dominance of legal dementia in the impact on the state of law in modern society. In order to increase the effectiveness of guarantees of legality, it is proposed to create a State Commission for the Codification of Legislation; to develop and implement the Concept for Ensuring the Rule of Law in the Russian Federation, which provides for a set of measures aimed at the uniformity of judicial practice.

Transformation of legal regulation of labor relations of scientific and pedagogical workers of modern universities in the digital economy

Introduction. The sphere of employment, being one of the most significant segments of society, is undergoing changes in the context of the use of new digital technologies. First of all, we are talking about a change in the labor function of employees, the use of artificial intelligence during interviews, as well as electronic methods of registration of the emergence, change or termination of labor relations, electronic office work. Due to the specifics of the education sector, the practice of introducing the achievements of the digital economy into the process of legal regulation of the labor of scientific and pedagogical workers of modern universities is of particular interest, especially in terms of the existence of factors that impede the digital transformation of the employment sector. The purpose of the study was to determine the legal possibility of introducing the achievements of the digital economy into the practice of legal regulation of labor, as well as to identify the factors that impede the digital transformation of the employment sector, using the example of scientific and pedagogical workers of modern universities. Materials and methods. The work used the methodology of a comprehensive study, including methods of document analysis, comparative analysis, secondary use of sociological, economic and medical data. The study used Rosstat data on higher education institutions registered in the Russian Federation for 2020. The results of the study show that the development of labor relations is taking place in line with modern global trends in terms of introducing the achievements of the digital economy into the practice of legal regulation of public relations. The sphere of education in our state is not an advanced industry for the introduction of digital technologies. However, according to research data, educational institutions of higher education are actively introducing electronic services and resources into their activities: electronic library systems (97.8%), electronic versions of textbooks (95.8%), training computer programs on certain subjects or topics (92.3%), as well as special software for solving individual problems – 90.8%, electronic document management systems – 84.1%. The specifics of work in educational organizations determines the need for the development and implementation of specific digital transformation tools in modern universities.

Construction, management of construction projects and forensic examination in the innovations of the legislative system

The article provides an overview of the main changes in the legal regulation of public relations in the field of construction, real estate management, housing and utility services, as well as the legal cases on the cadastral value of the real estate considered in court from July 1, 2021 to December 1, 2021.
 The co-authors draw attention to the most significant transformations of the legal regulation system, aimed at improving the behavior of the state and subjects of their industry. These innovations influence the legitimate interests of citizens, acting as construction co-investors. The co-authors also address the implementation of construction projects, the introduction of standard project documentation, mechanisms allowing developers to obtain compensations for the rise in the cost of building materials.

PROSPECTS FOR INTERNATIONAL SCIENTIFIC AND SCIENTIFIC-TECHNICAL COOPERATION IN THE CONTEXT OF THE NEW TECHNOLOGICAL REALITY

The research is aimed at finding ways to fill the regulatory vacuum in which digital technologies develop.The article provides an assessment of the positive and negative impact of digitalization on public relations,highlights the problems associated with the legal regulation of public relations complicated by the use ofdigital technologies or the participation of artificial intelligence, analyzes the degree of knowledge of theproblem in legal science and the proposed models of legal regulation of digitalization. The authors haveconcluded that the development of digital technologies demonstrates a long-term trend towards a decreasein the protective abilities of existing legal institutions, and therefore, a public request is formed for theisolation in the system of international scientific law of a set of legal norms regulating scientific and technicalcooperation in the digitalization of science and study of informatization processes.

Development of the Law in the Digital Age

Information and communication technologies have become an integral element of modern life. The author of this article has set a goal to investigate the impact of digitalization on law. The legal regulation of public relations in the digital environment is considered from the standpoint of a scientifically based concept of integrative legal understanding. The methodological basis of the research was formed a variety of methods of learning digital legal reality (dialectical, systemic, logical, formal legal, methods of analysis and synthesis, generalization and classification). It is proved that digitalization in the legal sphere is a process of development of law, which once again convincingly proves the historically changeable nature of law, its dependence on the nature of emerging social ties. Consideration of digitalization as a result of the scientific and technological revolution made it possible to highlight the features of digital legal relations, to propose various criteria for their classification (by content, subject composition, target orientation, nature of the digital shell). It is established that the regulation of public relations in the digital environment is provided by a whole set of principles and norms. In addition to technical norms defining the rules for working with computers and other technical means, software and technical norms are highlighted as the result of a unique synthesis of technical and social norms, indicating the convergence of legal and technical regulation. The expansion of the object and subject of legal regulation in the era of digitalization does not entail the erasure of industry boundaries. The systemic interaction of public and private law, international and national law is ensured by the principles of law as the foundations of universal communication. The necessity of distinguishing the categories of “digitalization in law” and “digitalization of law” is substantiated.

Conflict of interest: dialectics of a normative “tiered structure”

Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks determined by a conflict of interests.Methods: the dialectical approach to the cognition of socio-legal phenomena, which allows identifying the unity of opposites in the legal categories that form the conflict of interests concept; the formal-logical method of scientific cognition, presented in the legal-dogmatic analysis of legislative norms; the method of operationalization of concepts.Results: the conducted comparative legal research, expressed in a combination of methods of analysis and synthesis of legal categories aimed at obtaining comparative knowledge, allows correlating their content with respect to the “conflict of interests” concept in proportion to the goals of law enforcement. A legal and linguistic analysis of legal categories has been carried out, the totality of which forms the content of the “conflict of interests” concept. Abstract and definite norms of categories are highlighted in the context of the proof necessary to ensure their connection (presence and absence) with legal facts.Scientific novelty: the term “normative ‘tiered structure’” was introduced into the scientific circulation of legal science, which comprehensively reflects the operational definition of the complex socio-legal phenomena described in composite legal categories. The theoretically presented phenomenon of the normative “tiered structure” conflict of interest in the discreteness of its constituent concepts and dispositive legal categories causes high risks of distortion or erroneous interpretations. These risks are formed out of court, initially registered in the decisions of the conflicts of interest settlement commissions. Prevention of such risks is ensured not only by the involvement of experts who, in addition to legal knowledge and professional-industry knowledge, also have moral and ethical foundations, the bearers of which are the arbiters of precedent law enforcement.Practical significance: the main provisions of the article can be used in practical activities to provide evidence of de jure manifestations of a conflict of interests. The revealed regulatory collisions and the incomplete legal regulation of public relations in the sphere of “personal interest” require improving the anti-corruption legislation in terms of simplifying the concept used for law enforcement purposes.

Legal regime: the concept and features

The purpose of the study is to conduct a general theoretical analysis of scientific approaches to the definition of the concept and essence of the legal regime in order to overcome its narrow industrial understanding and identify the role and significance in the process of legal regulation. General scientific and private scientific methods of knowledge including formal legal and comparative legal methods have been chosen as research methods of this paper. Logical techniques allowing to reveal the essence of legal regimes and formulate the author's definition of them have also been applied. The analysis of scientific works expressing various opinions indicates that at present an instrumental approach to the definition of the concept and essence of the legal regime prevails directly (or indirectly through the procedure of legal regulation) as a set of legal means (instruments). The following are mentioned as signs of the legal regime: mandatory normative legal consolidation (formal legal nature), specific target, special regulatory order based on a combination of legal means and methods of legal regulation, in relation to subjects of law, i.e., in a subjective sense, creating of favorable (or unfavorable) conditions to achieve certain interests, systemic and integrated character of a regime and its special structure. As a result, the author's definition of the legal regime is presented as a special procedure for the legal regulation of public relations, based on a certain combination of legal means and methods of legal regulation (permits, prohibitions, and positive obligations) aimed at achieving the relevant legal goals and planned optimal socially significant result.

International Legal Regulation of Genetic Research and Implementation of International Legal Standards in this sphere into Russian Legislation

The article analyzes the topical issues of international legal regulation of genetic research; it provides a comparative analysis of two groups of international acts regulating relations related to genetic research and application of their results on creation, use and circulation of genetically modified organisms (except humans), on the study of human genome and application of their results. The article deals with the issues of objects and methods of genetic research regulation, balance of interests as the basis for legal regulation of public relations in the field of genomic research. It also considers approaches to ensuring a balance of private, group and common (public) interests. Criticism of certain provisions of the Convention on Human Rights and Biomedicine is given, the question of the inadmissibility of legal opposition between the protection of human rights and the interests of science and society as a whole is raised. The authors put forward proposals on the implementation of a number of international norms in Russian legislation and its further improvement, as well as on the use of blockchain technology in genetic research.

Теоретичні проблеми правового регулювання інформаційних відносин у віртуальному просторі

The theoretical problems of legal regulation of information relations in cyberspace are investigated in the article. The processes of virtualization of the society caused by the active development of information and computer technologies, as a result of which a new synthetic living space of the society arises, are analyzed. This space is in a state of high dynamics, constantly expanding its boundaries – virtual space. The author’s definition of virtual space as an physically unidentified intangible cross – border infrastructure environment artificially created by human or robotics creative work is offered. In this space, with the help of audiovisual technical means with electronic – digital nature, there are remote opportunities for information activities, social communications, interaction with the outside world, management of social systems and physical objects. As a methodological basis for the identification of virtual space, an analysis of its components is proposed, among which the support, organizational and functional, communication and information aspects are highlighted. It is concluded that the legal regulation of public relations in cyberspace is associated with certain difficulties, however, is relevant because, in modern times, the vast majority of information relations operate in it. Subjects of rule-making should carry out systematic work on the adoption of legal acts governing information relations in cyberspace, in compliance with the principle of the rule of law.

Modeling legal regulation in the field of legal innovations sustainable development in the agribusiness national projects implementation

Purpose: The purpose of this work is to study the patterns of legal regulation of public relations in the implementation of strategies and concepts related to improving the institutions of state and law in the field of ensuring the security and rights of citizens. Design/methodology/approach: The methodological basis of the research was made up of general scientific and private scientific methods (comparative-legal, statistical and the method of expert assessments). Findings: Failure to comply with the requirements of modeling the target system, forces and controls and predictable indicators has a negative impact on the level of legal technology of modern legislation, the uniformity of legal practice, the implementation of general legal principles, the effectiveness of institutional mechanisms that guarantee compliance with the requirements of the law, the inevitability, proportionality and fairness of measures of responsibility for their violation. Originality/value: Particular attention should be paid to improving Russian legislation, unswerving observance of the principles of social justice, equality before the law and the court, increasing the efficiency of the activities and authority of state bodies and officials, in connection with which we consider it timely and expedient to adopt the Concept of ensuring the rule of law in the Russian Federation.

Family Law in the Context of a New Social Reality Formation: Doctrinal Principles of Law Enforcement

Improving the legal regulation of family relations involves the search and implementation of new social, organizational, legal and other measures to support the functioning of the traditional institution of the family. At the same time, family legislation does not always take into account modern trends in the life of society, which to a certain extent hinders the exercise and protection of family rights, as well as ensuring a fair balance of interests of participants in family and other relationships. In this sense, in some cases, higher courts react most effectively, taking into account even minor changes in social reality in a timely manner.The transformation of the family law in the context of changing social reality is based on two conceptual principles: firstly, the preservation of traditional family values of Russian society and, as a consequence, the reflection of such at the legislative level and in judicial practice, and secondly, legislative and law enforcement response to the latest social practices. These principles of transformation of family law complement each other, allowing us to take into account the public demands of various social groups.The main directions of the modern transformation of family law, reflected in judicial practice, include the following. First, the expansion of the sphere of family law regulation of public relations is due to the complexity of the system of social relations. Second, it is the expansion of the system of intersectoral relations of family law, caused by the complexity of the legal regulation of public relations in general. Its consequences are a shift in emphasis in ensuring a fair balance of interests of participants in family and other legal relations, the strengthening of civil law principles in the regulation of family relations, giving traditional family law institutions new optional properties and purpose, including the penetration of public legal goals in the private legal field of family life. Third, it is to ensure gender balance in family relations at the law enforcement level.

Legislative power as a legitimate basis for legislative activity

The article is devoted to the study of the nature of the legislative pover and the disclosure of its role to serve as a legitimate basis for legislative activity. The provision is substantiated that the parliament, as a representative body of the whole people, has the highest level of legitimacy and on this basis exercises the right to legislate public relations according to the principle of separation of powers, including the exclusive right to regulate the most important issues of organization and exercise of power (article 92 of the Constitution of Ukraine). The relationship between the concepts of legislative power and legislative activity of the parliament is revealed and the recognition of the legislative activity of the parliament as the main, key function of the parliament and the organizational way of implementing the legislative power of the state is substantiated. The conditions, scope, limits, advantages and disadvantages of the practice of delegated legislation, which is widespread in democratic countries, as well as the legally sanctioned government rule-making on the basis of the instructions of the government provided by separate laws are investigated.
 The powers of the parliament in the field of law-making activity are analyzed, the source of which is the legislative power delegated by the people to the Verkhovna Rada of Ukraine, due to which the parliament receives from the people the primary right to carry out its law-making activity.
 The essence of legislative activity carried out within the legislative process is revealed, as activity on revealing of need for legal regulation of public relations, estimation of draft laws, their completion, carrying out professional examination, discussion and completion in committees, i.e. all actions directed on proper elaboration of laws’ projects. It is noted that the legislative process is not only and not so much limited by parliament, but also includes pre-parliamentary stages of work on the draft law (initiation, drafting, public discussion, examination, coordination with interested bodies and organizations).
 The general characteristic of subjects of law-making activity is given, the nature of powers of parliament on the organization and implementation of control over law-making activity is analyzed.

Доктринальное осмысление системы принципов процессуально-правового регулирования

The system of principles of procedural and legal regulation of public relations is the basis for its effective implementation. Since the problems of the principles of procedural legal regulation remain little studied, the author set the goal: to substantiate, classify and identify the criteria for the formation of a system of these principles. An analysis of doctrinal approaches showed that the principles of law are formulated in the law or stem from its meaning, serve as a guide for the activities of authorized entities in the process of legal regulation of public relations. As a result, it was revealed that there are two methodological approaches to the definition of the principles of procedural legal regulation in general theoretical science: synthesized, which includes the principles of law, legal principles, as well as norms-principles, based on their content and purpose; according to the second, only the principles presented in the system are included, while those that are directly related to such regulation are identified. As a result of the study, the system of procedural legal principles was formed according to the following criteria: a) a source of normative consolidation: constitutional and principles enshrined in other regulatory legal acts; b) in terms of scope: general legal, intersectoral, sectoral and institutional principles; c) on the subject of legal regulation (according to the procedural branches).

Legal problems of using alternative energy sources in Russia and abroad

The paper is devoted to topical problems of legal regulation of public relations in the field of alternative (renewable) energy sources in Russia and abroad. The paper shows the formation and development of the legal framework governing the investigated area of public relations in Russian and foreign law. The necessity of adopting a special legislative act in the Russian Federation dedicated to the civil regulation of public relations arising from the use of alternative (renewable) energy sources is substantiated.

Transformation of legal regulation of public relations in the context of the pandemic

The article examines the problems of legal regulation of the activities of legal entities and relations. The main characteristics of legal regulation, such as the subject, method, methods and types of legal regulation, are analyzed. Currently, in the context of the COVID-19 pandemic, the legal regulation of public relations is undergoing serious transformational changes. A significant change in the subject of legal regulation, due to the creation of a situation of serious threat to public health, forced the legislator to introduce restrictions on the fundamental rights and freedoms of legal entities, as well as to the preferential use of prohibitions and positive obligations as ways to regulate public relations. In this regard, the permissive type of legal regulation of public relations begins to dominate, which is based on the principle of everything is prohibited, except what is directly permitted by law. The above clearly indicates a clear transformation of legal regulation.

FEATURES OF THE EMERGENCE, MODIFICATION AND TERMINATION OF THECONTRACT OF SALE OF LAND PLOTS

The article reveals the main problematic aspects of legal regulation of public relations arising from the conclusion of a land purchase and sale agreement. It is noted that in most cases the difficulties that arise with respect to these agreements are associated with a sufficient amount of documents required to conclude an agreement, as well as the procedure for use, which is established for each category of land separately. In addition, the parties are in no way insured against the risks of providing false information about the object of the transaction, and unscrupulous sellers take advantage of this, practicing fraud in the purchase and sale of land, which is by no means uncommon. In connection with these aspects, an acute question arises about improving the legislation in the field of regulation of the transactions in question. It is noted that the legal institution for the purchase and sale of land is not fully formed. The norms of paragraph 7 of Chapter 30 of the Civil Code of the Russian Federation ensure that only certain features of the land as a real estate object are taken into account. The provisions of Article 37 of the Land Code of the Russian Federation do not regulate all issues, moreover its provisions duplicate civil legislation, which in turn complicates the process of law enforcement in this area.

Collisions in local lawmaking

The study is devoted to clarifying the problem of existing collisions in local lawmaking, which allowed to substantiate the common understanding of this problem, as well as to identify new theoretical and applied conclusions and positions related to the need to resolve collisions in local lawmaking, their specifics and special characteristics. It is established that the country has adopted and operates a large number of regulations, many of which contradict each other, have internal inconsistencies and inconsistencies. Legal science and practice face the task of in-depth analysis of the causes of municipal legal collisions, finding ways to prevent and resolve them. It is pointed out that the emergence and increasing severity of conflicts in local lawmaking in most cases due to incomplete legal regulation of public relations, violation of the rules of legal technique in the adoption of local acts, insufficiently effective ways to prevent and resolve the latter. In addition, it is established that the method of settling and resolving local conflicts through the prism of legislative establishment of the priority of application of the norm and act is the most clear and effective.
 In the course of the research the systematic analysis of views on the collisions in law in general is carried out, the basic signs of the conflict in local law-making, its place among the specified categories in the plane are defined; analysis of the process of evolution of the social contradiction into a legal one with the subsequent transformation into a collision and a gap; legal conflict is defined as a subjective-objective phenomenon of legal reality. Among the existing large number of classifications of legal conflicts are local-legal, which are legal contradictions that arise due to subjective and objective reasons and errors in the exercise of powers to resolve the population directly and (or) through local governments, local issues, which is manifested in the adoption of regulations of local governments and their officials. Based on the analysis, the characteristic features of local-legal conflict are determined, which are detailed by the specified provisions on the connection of partial and general, manifestation in various forms and types, depending on the specifics of causes and solutions, local self-government issues of local significance and the emergence of the implementation of powers and the adoption of relevant municipal legal acts of local governments and their officials, with its own specific set of elements of the resolution mechanism.

Transformation of the legal regulation of tax relations in the digital economy context

The subject. The modern world is constantly changing, which makes it necessary to update the means and methods of legal regulation of public relations. Moreover, these relations themselves are changing, new areas of public relations are emerging, for which it is necessary to create a legal framework. The sphere of financial and legal regulation is no exception. The most important issue, which has been on the agenda of the international community for several years, is the development of the digital economy. The legal realities of digitalization largely determine what place the Russian economy will occupy in the emerging global digital market. It is necessary to develop a comprehensive legal concept that allows ensuring compliance with the fiscal interests of the state in the context of digital transformation. In this regard, the transformation of tax relations and their legal regulation is particularly important.Purpose of the study. The article is devoted to the transformation of the legal regulation of tax relations in the digital economy. In order for Russian financial and legal regulation to contribute to an effective response to the challenges posed by digitalization, it is necessary to develop a comprehensive legal concept that allows ensuring compliance with the fiscal interests of the state in the context of digital transformation. In this regard, the transformation of tax relations and their legal regulation is of particular importance.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of Russian and European legal literature. Structural and systemic methods are also the basis of the research. The main results. The necessity to develop legal solutions in the field of taxation of the digital economy is determined by the focus on legal support for the stability of financial and legal regulation and the principle of certainty of taxation. In these circumstances, it is important to implement the control function of financial law. The need to ensure compliance with the fiscal interests of the state, both at present and in the long term, requires the transformation of essential approaches to the legal regulation of the system of taxes and fees, the principles and elements of taxation, tax administration and tax control. In this regard, it is proposed to provide for special rules for calculating and paying income tax on foreign digital companies and, in parallel, to expand tax incentives for Russian companies.Сonclusions. The authors come to the conclusion that the actual scientific task is to develop a methodological position on the directions of reforming the national tax legislation and the international tax doctrine of the Russian Federation in the context of the digital transformation of public relations. According to the results of the study, it is concluded that it is necessary to ensure compliance with the fiscal interests of the state. This requires the transformation of essential approaches to the legal regulation of tax relations, both in the context of determining the appropriate legal forms for regulating the tax base levied in Russia in the context of the emerging digital economy, and for influencing international tax policy in order to use all the advantages provided by international tax cooperation and neutralize the threats caused by international tax competition.

Принцип правовой определенности как гарантия эффективной реализации конституционных прав и свобод граждан

Introduction: based on the analysis of scientific approaches and the Belarusian constitutional legislation, the paper examines the problem of the legal regulation of human rights mechanisms of the constitutional rights and freedoms of citizens, identifies such reasons for the unconstitutionality of the regulation of these issues as uncertainty in the legal regulation of the guarantees of the constitutional rights and freedoms of citizens established by the legislation, inaccuracies and difficulties in the presentation of legal norms, the presence of conflicts, etc., which negatively affects the effectiveness of the implementation of legal interests of citizens. Some possible ways of improving the legal regulation of human rights mechanisms of citizens’ rights and freedoms are proposed. The category of “legal certainty” is multi-faceted and therefore can manifest itself in all areas of the legal sphere. The universality of the principle of legal certainty is because it ensures the stability of the legal regulation of public relations both in the field of law-making and in the field of law enforcement practice. Ensuring the effectiveness of the legislative regulation of public relations, the principle of legal certainty serves as a criterion for the quality of norm control of the subjects of constitutional justice, is a measure of the assessment of constitutional procedural norms. In the sphere of legislative activity, the principle of legal certainty is the degree of its effectiveness. The qualitative implementation of the principle of legal certainty in the field of the legislative regulation of guarantees of citizens’ rights and freedoms directly affects the quality of the law enforcement process. Purpose: to identify the problems of the legal regulation of human rights mechanisms of the constitutional rights and freedoms of citizens. Methods: the methodological framework for the study is a combination of general scientific and special research methods: dialectical, systematic, formal-legal, comparative law, sociological, analytical methods, etc. Results: the paper is devoted to identifying the causes of existing problems of the legal regulation of human rights mechanisms of the constitutional rights and freedoms of citizens and identifying possible ways to solve them. To effectively ensure the constitutional rights and freedoms of citizens, the stability of the legal regulation is important, which can be ensured by an accurate statement of the content of a legal norm that regulates the boundaries of proper and prohibited behavior of all subjects of legal relations designed to ensure the legitimate interests of citizens. The author believes that it is possible to improve the legal regulation of the human rights mechanisms of citizens’ rights and freedoms by adopting special laws on the interpretation of articles of the Constitution that establish these guarantees. Conclusions: as a result of the conducted research, it is found that the national Belarusian legislation has formed an effective system for protecting the constitutional rights and freedoms of citizens, and the corresponding procedural mechanisms are fixed. At the same time, the presence of uncertainty in the legal regulation, the guarantees of the constitutional rights and freedoms of the individual established by law, and the inaccuracy of the legal norms directly regulating the sphere of the studied relations often indicate that the existing system of human rights mechanisms for the legitimate interests of citizens fully ensures their implementation and needs to be improved.