Legal Regulation Of Social Relations Research Articles

Judicial precedent in the Romano-Germanic legal family

The article is devoted to the study of the institution of judicial precedent in the Romano- Germanic legal family. It is established that the countries of the Romano-Germanic legal family, unlike the countries of the Anglo-Saxon legal family under the influence of Roman law, in the context of codification of law, have determined for themselves the priority source of law - law, not precedent. However, there is a gradual increase in the role of judicial precedent in continental law countries due to a number of factors that contribute to the intensification of judicial rulemaking. First, in these countries, there are still branches of law that, for various reasons, either do not have legal regulation or are regulated only by general reference rules or framework provisions. For objective reasons, the legislator cannot foresee the entire variety of real-life phenomena. This pushes the courts to adopt legal provisions that can fill in the gaps in the legal regulation of social relations. Secondly, there is a noticeable lag between legislation and dynamically changing social relations, resulting in the formation of large segments of social life regulated by legal acts that have lost their relevance. The current realities, which are largely full of unpredictable events, highlight the need for legal systems to adapt. All of this contributes to the use of judicial precedents, which serve not only as a tool for resolving specific disputes, but also as a means of developing law, allowing to fill existing «gaps in law». In the Romano-Germanic legal family, the real legal force of a judicial precedent is determined not so much by its formal enshrinement in legal acts as by actual life circumstances. Real-life situations, as well as the practical necessity and demand for precedent as a source of law, play a key role in determining its true legal status and legal force. Judicial precedent in continental law countries is becoming increasingly important, becoming an integral element of dynamic and adaptive legal regulation over time, and the rules establishing the generally binding force of precedents and the discretionary powers of authorized bodies are increasingly common in both public and private law in these countries. Judicial precedent in these countries should be considered as a source of law from a practical point of view, focusing on solving problems arising in the process of law enforcement.

Improving normative drafting techniques in the field of state regulatory policy in the context of enhancing the effectiveness of the legal regime stimulating economic activities

It is argued that the future model of legal regulation of economic relations using a complex of stimulating legal means is laid down precisely by the regulatory act. It is proven that the effectiveness of organizing and conducting regulatory activities determines the degree of effectiveness of the stimulating legal regime of economic activity. It has been established that despite the obvious purpose of both regulatory and legislative activities to achieve increased efficiency of legal regulation of certain groups of social relations, choosing a less economically costly method of legal influence is a particular feature of regulatory activities. Cases have been identified where the state, using various legal techniques, excludes from the scope of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” groups of social relations regulated by a system of legal norms, which is an integral element of the stimulating legal regime of economic activity. It is asserted that the legal techniques chosen by the state do not always correspond to the legal certainty, the “quality of the law”, which constitutes the essence of the rule of law principle, nullifying the purpose of legal regulation of social relations in a predictable manner. It has been established that the exclusion from the scope of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” of a significant range of social relations has created conditions for the preparation of most regulatory legal acts, including those defining the principles of implementation of the stimulating legal regime of economic activity, circumventing the requirements imposed on regulatory activities. The provision on the expediency of bringing the legal techniques for determining the scope of application of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” in line with the principles of normative drafting techniques embodied in the Law of Ukraine “On Legislative Activity” is substantiated. The provision regarding the inclusion in Article 3 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” of the norm that exceptions from the scope of this Law are made only by amending this Law is substantiated.

Financial and Legal Development of Social Relations Using Digital Currencies in Metaverses

Objective: based on the analysis of financial and legal policy of certain jurisdictions, to determine the initial prospects of financial and legal development of social relations in metaverse using digital currencies.Methods: the research is based on the system of cognitive tools: first of all, formal-legal, comparative-legal, statistical methods, and the method of legal forecasting, which help to interpret the legal norms and financiallegal policy of various jurisdictions, assess the degree of current development of legislation on regulation of technologies in virtual worlds, and formulate ideas about the financial-legal regulation of public relations using digital currencies in the metaverse.Results: the study reveals that modern legislation on metaverses is at the initial stage of its formation, as in developed jurisdictions metaverse is still considered only as a future technology. The author shows the degree of popularity of the metaverse first prototypes and the growing attention of some states to the metaverse in order to develop their socioeconomic potential and consolidate international leadership in digital development. The paper points out the shortcomings of the metaverse definitions developed in doctrine and practice, and long proposes the author’s definition. It is argued that in order to fully integrate metaverse technology into a certain country, whose policy is focused on achieving (maintaining) a high rating in terms of the economy digital transformation, it is necessary to determine the currency that will be legitimately used in the metaverse in future. A conclusion is made that it is necessary to plan financial and legal policy in this area, which will largely depend on the legal regime of cryptocurrency in a particular country. It is argued that further development of the metaverse concept in Russia will depend on the results of testing the digital ruble.Scientific novelty: the paper is one of the first devoted to the convergence of metaverse and financial law, which proposes a concept for establishing full-fledged legality of digital currency in the metaverse depending on the attitude of a particular country to decentralized finance. Along with popular definitions formulated in doctrine and practice, the author presents their own interpretation of the metaverse, indicating its essential features.Practical significance: the conclusions and proposals obtained can be used to improve the mechanisms of financial and legal regulation of social relations under the emerging metaverse concept. The presented ideas are important for further research of various financial and legal aspects of metaverses’ development and functioning.

The influence of urbanization on the development of modern state and law

The influence of urbanization on the development of modern state and law

Применение технологий искусственного интеллекта в здравоохранении: этико-правовые вопросы

The publication discusses ethical and legal issues in the use of artificial intelligence technologies in the healthcare sector. Digital technologies should not only contribute to the positive development of the healthcare sector, but also inspire confidence among patients and medical professionals, and also not create fears about their use, therefore, ethical and legal issues are given importance. In this case, a significant role will be given to the legal regulation of social relations arising in connection with the use of technology in medicine.

Rule-making by executive authorities: problems of theory and practice

The article examines problematic issues of rule-making by executive authorities, which are aimed at improving and ensuring the effectiveness of rule-making activities, which is an effective condition for the successful formation of the legal system of Ukraine, taking into account the state-legal reform, as well as the current level of its development.
 When implementing state-legal reform, the needs of rule-making have their own peculiarity, since the legal regulation of social relations cannot be imagined without normative-legal acts of executive authorities. As a result, it can be seen that the main task in this area is to improve and optimize the forms of implementation of their rule-making activities and to determine the degree of legal influence on social relations.
 In Ukraine, until recently, due attention was not paid to the problems of sub-legal norm-making. In some areas, they were covered only fragmentarily. As a result, the practice of implementing rule-making activities remains ineffective, since the activities of executive authorities are largely disorganized, and the creation of a new system is extremely slow and contradictory.
 It was determined that rule-making is a special activity of the state, in the person of specially authorized subjects of power, which are aimed at the normative consolidation of public needs and interests and the provision of appropriate conditions for the realization of the rights and freedoms of citizens and their effective protection, which is carried out by creating a system internally agreed normative legal acts with the aim of increasing the effectiveness of regulation of social relations in Ukraine.
 It is noted that the most fully reveal the content and purpose of the rule-making activity of the executive authorities, its main principles and special features, which contribute to the actual reflection of social regularities in legal prescriptions.
 Proposals regarding the improvement of legal regulation of the rule-making activity of the executive authorities were provided.

The evaluation concepts – a necessary means of achieving the constitutional idea of legal certainty or a factor leading to its violation?

The subject of the research is the study of evaluative concepts included by the legislator in legal norms in order to ensure dynamic legal regulation of social relations. The problem of using evaluative concepts is of scientific interest, since the unreasonable inclusion of such concepts in the content of a legal norm can lead to a violation of the constitutional idea of legal certainty, and their interpretation and practical application to specific situations largely depends on the level of legal awareness of the law enforcer.The author aims to analyze approaches to understanding the category of “evaluative concepts”, identifies signs that characterize this category, its role in the legal regulation of social relations.The methodology of scientific research is represented by a complex of private scientific, formal legal, systemic and structural methods.The main results. The author establishes the features of the inclusion of evaluative concepts in the legal norms based on the analysis of the practice of the Russian Constitutional Court, provides interesting cases considered in the framework of the constitutional proceedings. In particular, the author provides examples of the inconsistency between established judicial practice and the practice of the Russian Constitutional Court, and also establishes the need to apply evaluative concepts in both private and public law.Conclusions. The inclusion of evaluative concepts in legal norms is relevant for many areas of law, which is due to the need to ensure the flexibility and dynamism of legal regulation. However, the possibility of their application should not be unlimited, since this may lead to a violation of the fundamental principles of law, including the principle of legal certainty.

К вопросу о предмете права социального обеспечения

It is noted that Russia, being a social state, guarantees a decent standard of living for a person and the free development of the individual. It is indicated that social security is divided into state and non-state social security systems. It is noted that traditionally the subject of social security law includes only social relations arising in the state social security system. An example is given when none of the parties to the social security relationship is a public agent - a government body, a local government body, a state or municipal institution, etc. Cases are highlighted when the subject of social security law includes social relations that are fully remunerative for the authorized person. It is indicated that one of the defining principles of social security law should be ensuring a decent standard of living for citizens. The ways in which the Russian state is trying to resolve the crisis of the social security system are analyzed. The need is established to include the non-state social security system in the system of social security law. There is a close relationship between social security law and such private-public branch of law as labor law. It is indicated that in economically developed countries, social support measures have long been of a mixed public-private nature. The difficulties of using foreign experience in the legal regulation of social security relations are noted. The reasons why the Russian state periodically carries out pension reforms are indicated. The conclusion is substantiated that in order to level out crisis phenomena in the social security system, a comprehensive solution to the socio-economic problems of the domestic state and society is necessary, including private legal regulation of social relations that constitute the subject of social security law.

The efficiency of legal means

The aim of this work is to determine modern scientific approaches to the effectiveness of legal remedies, analysis of effectiveness criteria and existing gaps. The methodological basis of the study, when conducting the research, are general scientific and special methods of scientific knowledge. Results. Various scientific approaches to the definition of the category “efficiency” in the context of the application of legal means have been studied. The concept of “effectiveness of the mechanism of legal regulation” is considered in the “broad” and “narrow” sense. In the “broad” sense, efficiency is studied as the internal structure, features and interaction of all elements of the mechanism, while in the “narrow” sense, efficiency should be considered from formal and logical positions. Attention was also paid to the dependence of the functioning of these elements on the internal and external environment. Two groups of factors affecting the effectiveness of the mechanism of legal regulation are singled out. The first group of factors is related to the external conditions of the functioning of the mechanism of legal regulation (external factors), which ensure its general effectiveness and functionality, and the second - to the internal (specific) conditions that characterize its internal structure and directly organize its effectiveness. Conclusions. The problem of correct and effective use of legal means in various types of legal activity, their adequate reflection in legal consciousness is relatively new in legal science. It requires further elaboration and decision, especially against the background of the current stage of development of Ukrainian legislation and in connection with its significant renewal. The effectiveness of legal regulation of social relations is marked by the possibility of using various legal means. That is why a phenomenon that has crossed a certain limit turns into its opposite. In the same way, a violation of the balance of the use of various means of legal influence creates the impossibility of achieving the set goal. That is why legal incentives, if they are supported by legal constraints, are the most effective in satisfying subjects’ own positive interests.

The concept of duty as an element of the legal status of a person

One of the methods of legal regulation of social relations is the establishment by the state of certain duties for its citizens. It is the obligation as an instrument of legal regulation that allows to create a balance between the interests of the individual, society and the state. That is why in Art. 23 of the Constitution of Ukraine states: "Every person has the right to the free development of his personality, if the rights and freedoms of other people are not violated, and he has obligations to the society in which the free and comprehensive development of his personality is ensured.” That is, a person, being in society, constantly interacts with other people. Accordingly, it cannot fail to have obligations towards society, citizens and the state. Therefore, duties are undoubtedly as important elements of legal status as rights and freedoms.
 The relevance of the study of legal status in general and duty as its structural element, in particular, is determined by their importance for the existence of a person in society. Therefore, in a philosophical dimension, the legal status secures the achieved level of personal freedom, acts as an important means of effectively meeting the needs and interests of each person, creating and using conditions for its comprehensive development. In addition, the significance of the phenomenon of legal status is reflected in its ability to increase the level of legal certainty, in particular, thanks to legal status, we can understand who a particular subject of law is in particular social relations; in which social relations and to what extent this subject can participate; in what way, on what grounds, conditions, a certain legal subject participates in social relations and how the corresponding subject will leave these relations or exactly how these relations should be terminated.
 Duty as an element of the legal status of a person, in turn, is one of the central elements in jurisprudence. Moreover, the level of legal awareness and legal culture in society depends on the proper functioning of the system of duties. In addition, according to the philosophical encyclopedic dictionary, duty is one of the main categories of ethics and moral consciousness, a moral obligation of an individual, a group of persons, a class, a nation, etc., which appears to them as a concrete practical task. That is, duty is a multifaceted category that is of exceptional importance in various spheres of social life, which causes special interest in its research. In addition, a separate prerequisite for the study of the duty category is the embodiment of the will and interests of the entire society in it, since the duty reflects the variant of behavior that is the most acceptable and socially useful.
 However, in the course of studies of the legal status of citizens, attention is mostly focused on the category of rights and freedoms, which, of course, form its basis, but they cannot be properly implemented without its other components, namely duties. Moreover, non-fulfillment of the duties specifically assigned to citizens entails a number of negative consequences both for society as a whole and for the state, in particular, the above­mentioned balance of interests is violated and the basis for potential social conflicts is created. Thus, both human rights and freedoms and human responsibilities are integral elements of legal status, however, in this article, attention will be focused on the study of the category of responsibility through the lens of legal status.

Generalization of the grounds of unconstitutionality in the decisions of the body of constitutional jurisdiction: aspects of the constitutional complaint

The article summarizes the reasons for unconstitutionality in the decisions of the Constitutional Court of Ukraine, including by analyzing the institution of a constitutional complaint.
 It is motivated that the doctrine of consti­tutionality represents the idea of supremacy of the constitution over any other normative acts, excludes the possibility of adopting or applying norms that correspond to the Constitution. This principle is an advantage for ensuring the rule of law, observing legality and guaranteeing the rights and freedoms of citizens, and also serves as a mechanism for controlling the actions of the authorities and ensuring the stability and reliability of the legal system.
 The essence of the principle of constitutionality is represented by the fact that all laws, regulations and actions of authorities must comply with the norms and principles enshrined in the country's constitution, since the latter is the main and important legal act that establishes the framework and principles of the functioning of the state, limiting the actions of the authorities and guaranteeing rights and freedoms of citizens.
 Unconstitutionality is interpreted as a state of non-compliance with provisions, principles or norms established in the country's constitution. The important legal essence of recognizing such a phenomenon as unconstitutional is that such acts may be annulled, lose their validity, or require changes to comply with constitutional norms. It is indicated that the concept of unconstitutionality is important for ensuring compliance and protection of the principles and norms enshrined in the constitution and guarantees the hierarchical status of the legal system in a democratic state.
 The grounds used by the Constitutional Court of Ukraine to recognize the unconstitutionality of some provisions of normative legal acts in cases of constitutional complaints are summarized: unjustified deprivation (restriction) of a certain constitutional right; violation of the principle of the rule of law, especially in the context of the lack of legal certainty in the norms of the law.
 It is indicated that the principle of the rule of law imposes obligations on the law-making body to establish clear, understandable, unambiguous and provide for legal regulation of social relations, which is key in ensuring the stable legal position of each person and in order to avoid renouncing the obligations assumed by the state.

Political and Philosophical Analysis of the Interpenetration of Public-Law And Private-Law Spheres of Regulation in the Activities of the Eurasian Economic Union

The research objective of this article is to analyse the interpenetration of private law and public law regulation carried out within the framework of the Eurasian Economic Union. It is noted that in the sphere of private law, the EAEU has virtually no powers to unify / harmonise the national legislation of member states, but achieving the goals of building a common (single) market is often impossible without the elimination of private law barriers. This phenomenon is discussed using the example of restrictions on the freedom of establishment (in terms of opening branches of foreign organisations) and digitalisation of public procurement within the EAEU. It is argued that the phenomenon of “privatisation” of state functions, characteristic of the period of so-called globalisation, cannot be a distinctive feature of a multipolar world order. It seems more correct to speak of a close interrelation and interpenetration of private and public legal regulation of social relations.

The subject matter of administrative law as a basic category For distinguishing sectoral principles of administrative law

Problem setting. Administrative law as a fundamental branch of public law is a necessary tool in regulating the activities of public administration bodies, public organizations, enterprises, institutions, and organizations. Its influence is constantly felt by specific individuals. Norms of administrative law protect relations formed under the influence of civil, labor, financial and other branches of law. In recent years, administrative law has been in a state of transformation, a new ideology of relations between the state and the citizen is being formed, the administrative legal doctrine is undergoing fundamental changes, and administrative legislation is being updated. As a result, administrative law has turned from the law of state management into a branch that normatively defines and regulates the rights and obligations of public administration in relation to subjects of civil society. Analysis of recent researches and publications. A significant number of scientists dealt with issues of administrative law, its subject, principles, among which it is worth mentioning the works of such scientists as: V. B. Averyanov, Yu. P. Bityak, V. V. Galunko, R. S. Melnyk, A. A. Pukhtetska and others. However, despite the rather large number of works, questions related to the generalization of scientific positions, which highlight the subject of administrative law as a basic category for determining industry precepts, remain in most cases outside the attention of researchers, which makes it possible to talk about the need to carry out such research. The purpose of research is to clarify the role of the subject of administrative law as a basic category for determining the branch principles of administrative law. Article’s main body. The article is devoted to the peculiarities of the subject of administrative law as a fundamental criterion for determining the principles of administrative law. Of fundamental importance for updating the concept of the subject of administrative law were two theoretical conclusions that were made in the development of the ideas of the Concept of Administrative Reform in Ukraine. The transformation of the subject of administrative law is a factor in updating the content and classification of the principles of administrative law. The subject of administrative law is social relations that arise for the purpose of realizing and protecting the rights of citizens, creation of normal conditions for the functioning of civil society and the state. It follows that the main task of administrative law is to create a priority of legal conditions for ensuring by public administration the rights, freedoms and interests of man and citizen in the sphere of public administration. The subject of administrative law is a wide complex of social relations that arise in connection with the implementation of the functions of the state executive power, the content of which is the management of society. Ukraine’s new management model (with adapted principles of Good Governance) should be aimed at maximizing the scope of public participation in governance, ensuring that economic, social and political priorities are based on consensus in such a way that the voices of all citizens, even the poorest and most socially disadvantaged population groups were taken into account when making state decisions. The article emphasizes the fact that principles are the leading category in the administrative law of all continental European countries. The principles reveal the content of law, reveal the essence of law, its foundations, as well as the regularities of social life and needs, and highlight trends. In the theory of law, the principles of law mean the most general and stable requirements that contribute to the establishment and protection of social values, determine the nature of law and the direction of its further development. Conclusions and prospects for development. The principles of law are a natural phenomenon of legal science, which in their essence are universal and reflect modern approaches to their interpretation. In modern conditions, the principles of law have a universal character, as they must be taken into account by law-making subjects during the creation of norms for the legal regulation of social relations. The peculiarities of the subject of administrative law provide grounds for a new approach to updating and characterizing the principles of administrative law resulting from interdependence and influence on each other.

METAVERSE: MODEL CRIMINAL CODE

The Scientific and Technical Revolution 5.0 and WEB 3.0 technologies create conditions for the renovation of various forms of social relations with the use of virtual and augmented reality technologies in the metaverse. According to the proposed theory, the legal regulation of social relations in the metaverse requires the development of a comprehensive electronic jurisdiction based on the latest basic legislation. The formation of legal regulation of the metaverse is a prerequisite for the need to form an electronic jurisdiction of the metaverse, which will include sectoral Metaverse Codes. The metaverse, as the electronic society of the future, does not yet have clear legal boundaries, and the task of scholars is to predict and outline with sufficient certainty the future contours of legal authority for virtual environments. Today, discussions in the scientific community about the feasibility and necessity of legal regulation of the metaverse often revolve around several key issues. First, there is the question of what legal framework should be applied in the metaverse and how conflicts between different legal systems should be resolved. Second, there is a debate about whether current regulatory bodies in the physical world have the capacity to effectively regulate the metaverse through existing laws and regulations. Third, there is the question of how to deal with offences committed in the virtual environment, and whether they should be dealt with under existing tort or criminal law, or whether a separate cross-border electronic jurisdiction should be created. The regulation of social relations in the metaverse should focus on one central goal: to clearly define the status of electronic entities, subjects and objects, to establish their rights, duties and responsibilities, and to define the different types of relations between virtual entities, subjects and objects within a given metaverse, as well as between different metaverses within an electronic jurisdiction and in a cross-border context. An essential component of the Metaverse Electronic Jurisdiction is a Metaverse Model Criminal Code that will outline the norms and offences applicable to analogue, hybrid and electronic jurisdictions. This code will define the types of socially harmful acts or crimes and the corresponding criminal penalties that will be applied within the metaverse. The formation of the electronic jurisdiction of the metaverse and the development of a Metaverse Model Criminal Code is a current scientific and legal issue.

Institutionalization of mediation for the settlement of disputes in the field of intellectual property laws

The proposed article is devoted to the study of the institution of mediation as an independent procedure for the settlement of disputes in the field of intellectual property law. The author notes that the rather rapid stage of the development of the information society, IT technologies, the emergence of new objects of civil rights, including objects of intellectual property rights, pose a number of tasks to the legislator that require their urgent solution, in particular, the task of proper legal regulation of social relations, which, already today, take place in the state and society in general. In addition, taking the integration course of Ukraine into the EU also sets before our state the conditions for improving the legal regulation of intellectual property in accordance with international legal norms, in particular, the improvement of those legal provisions of national legislation related to the resolution of disputes in the field of intellectual property law, which are increasingly happening in reality. Therefore, the legislator adopts a number of legal acts regarding the improvement of legal regulation of relations arising in the field of intellectual property law, an example of which is the adoption of the Law of Ukraine «On Mediation». After all, mediation occupies a special place among the conciliation procedures for the settlement of disputes among alternatives to court proceedings for the resolution of disputes related to violations of intellectual property rights.Based on the results of the research, the author comes to the conclusion that mediation in the field of intellectual property can be used in the following cases: – when settling disputes arising in connection with the use of objects intellectual property without the consent of the right holder (author, creator, inventor or the person who owns intellectual property rights in accordance with the contract or law); – disputes arising in the event of violations of intellectual property rights; – disputes arising during licensing and transfer of intellectual property rights property; – disputes arising in connection with the conclusion and performance of contracts in in the field of intellectual property, in particular, contracts on the disposition of property rights of intellectual property; – disputes arising from the use of intellectual property objects, which are transferred to third parties.

Доктринальні підходи щодо розкриття поняття «правове регулювання»

Abstract. The establishment and maintenance of social order is an unconditional asset of civilization, an indicator of the civilized development of society. One of the valuable manifestations of the characteristic signs of the effectiveness of law in society is the appropriate legal order, which is achieved by means of influence, regulation, and provision. However, there is no doubt about the thesis that the valuable manifestation of regulation is a sign of stable social development. The regulation is considered and characterized in the context of consideration of its effective action as a regulator of social relations. The existing system of social relations in society is constantly in need of legal influence. The forms and methods of this influence change depending on social needs. The directions of activity of the subjects of relations are one of the main social properties of state power. They are implemented in a special regulatory form that organizes the relationship between the ruling and the ruled, ensuring the necessary order in various social relationships. One of the types of state power influence in its broadest sense is the legal regulation of social relations, which is an important component of the state's activity and, in particular, its law-making and law-enforcing bodies. ​By using a phenomenological approach, the understanding of the concept of "regulation" has been clarified, since it is scientific definitions that determine the outlook aspect of legal science, provide an opportunity to better understand various aspects of objects, processes and phenomena of legal reality, they must be clear, constructive and do not necessarily contain all the signs , which are characteristic of concepts. ​The main doctrinal definitions that have one or another relation to the disclosure of the concept of "regulation" are characterized. First of all, we decided on such concepts as legal regulation, self-regulation, normative regulation, individual regulation. A thorough scientific analysis of these categories provided an opportunity to consider them at a newer theoretical and methodological level, which contributed to determining their place in the system of other scientific categories. In the modern period, this problem acquires practical importance, since the effectiveness of those processes that take place at the social and state level also depends on its awareness. ​The concept of "regulation" (from the Latin regulo - rule) is well-grounded and means ordering, adjusting, bringing something into line with something. To regulate is to determine the behavior of people and their collectives, to direct its functioning and development, to give it certain limits, to order it purposefully. The term "to regulate" means to set limits, the scale of people's behavior, to introduce stability, system, order into social relations and thus direct them in a certain direction. ​It is noted that the term "regulation" refers only to law as a system of norms and some other specific legal phenomena (legal relations, acts of implementation of legal norms). They do not agree with the existing understanding of the regulation of social relations as a rigid and authoritative regulation of them by the state, by law, since, in their opinion, the category of "regulation" is not the same as coercion, a rigid and authoritative prescription. The rule of law establishes only a model of relations in which public interests must be correlated with the interests of members of society, along with this, the law widely uses such means of influencing people's behavior as stimulation, encouragement, granting of rights, etc. ​It was found that the process of learning about the category "regulation" occurs as a process of awareness, crystallization of its essence. An important aspect in forming an understanding of the essence of regulation is the traditions of a certain state, as well as scientific and theoretical traditions that establish the limits of legal awareness of the subject of analysis. When studying the essence of the regulation process, the traditions of this state are taken into account and already existing knowledge about the subject of research is used.

Effectiveness of legal regulation: a socionormative approach to understanding

Introduction. The article is devoted to the study of the conceptual foundations of the effectiveness of legal regulation in the context of the socionormative approach. One of the most difficult issues in the development of modern Ukrainian society is the problem of ensuring the effectiveness of legal regulation of social relations, or, in other words, guaranteeing the state of proper orderliness of the entire system of social relations, their stable progressive development and, as a result, strengthening the regime of constitutional legality and law and order in society. The aim of the article. The purpose of this article is to determine the social factors of the effectiveness of legal regulation in the context of the socionormative approach. Results. In our opinion, the effectiveness of legal regulation can be determined both by determining the formal effectiveness of the functioning of the legal system and by establishing the appropriate parameters of its social orientation, which are expressed, in particular, in the fair and humanistic quality of the development of social relations. At the same time, the formal and essential characteristics of the effectiveness of legal regulation are interconnected, interdependent values, although it is the latter that testify to the real trends (positive or negative) of social development. After all according to the formal characteristics of the effectiveness of legal regulation, it is possible to determine, first of all, the quality of the implementation of the requirements of positive law, stable forms of legal behavior or legal practice, which are stable in individual and social legal consciousness models of legal behavior that can be carriedout outside the context of teleological and substantive understanding of the legal nature of the relevant actions, including in the light of their correlation with the content of the norms of other social regulators. The effectiveness of legal regulation can be considered at the general, special (branch) and special (unit) levels, which are interconnected. The general level of effectiveness of legal regulation implies the need to establish general trends in the development of the legal system, the content of which attests to the progressive or, accordingly, regressive nature of its functioning. The special or sectoral level of effectiveness of legal regulation is based on the consequences of the practical implementation of norms and institutions of the relevant branches of law (constitutional, administrative, civil, criminal, family, labor, etc.). Unit level of effectiveness of legal regulation can be established by considering the relevant consequences of the impact of a certain legislative act on specific social relations. Conclusions. The crisis of the modern world order proves the need to pay attention to the socionormative approach to determining the effectiveness of legal regulation, the main indicators of which are the appropriate level of coherence of socionormative systems in public life, the growth of positive legal activity, the reduction of the level of illegal behavior, the minimization of social conflicts at all levels, and as well as ensuring the availability of quality and useful material and spiritual social goods for all citizens. Key words: effectiveness of legal regulation, law-making, legal norms, morality,religion, human rights, social regulation.

Retrospective Analysis of Domestic Criminal Legislation of the Pre-Revolutionary Period on Liability for Crimes Expressed in a Form of a Threat

This article in retrospective aspect considers the questions of formation and development of the domestic criminal legislation of the pre-revolutionary period considering the responsibility for the criminal acts expressed in the form of various threats. The author specifies characteristics and features of the criminal law norms fixing the responsibility for the crimes expressed in a form of a threat. In the course of studying the development of legal regulation of social relations, the consecutive development of norms devoted to the criminalization of expression of a threat to cause harm by a person, not only as an independent socially dangerous act, but also as a stage of development of another crime, and also a way of organization of accompliceship was revealed.

Principles of achieving legal convergence

In every mechanism of legal regulation of social relations, the principles of implementation of such a mechanism play an important role, this is inherent in the process of legal convergence, which is a component of legal globalization. In the scientific legal literature, there is no unified position regarding the role and meaning of the principles of convergence. Based on the analysis of scientific views, the author formulated the definition of the principles of legal convergence and proposed their classification. The essence and content of these principles are conditioned by: (a) a special sphere of legal regulation; (b) supranational nature of legal relations; (c) the influence of various forms and methods of the process of legal globalization. All of the above determines the existence of a special circle of principles on which the process of legal convergence should be built. The specified principles reflect the focus and content of the process of legal convergence. It is very important to take into account the specifics of specific legal systems, and therefore the principles of legal convergence are characterized by universality and compromise. It is proposed to classify the principles of legal convergence into the following groups: (1) international legal principles (the principle of sovereignty, territorial integrity and political independence of states; the principle of respect for human rights and fundamental freedoms; the principle of international cooperation, etc.); (2) special principles (the principle of complementarity, the principle of paradigmaticity, the principle of correlation, the principle of efficiency, the principles of systematicity and competence, etc.); (3) national principles (democracy, legality, humanism, etc.).

Experience of legal formation of interfaith relations in the context of European integration and globalization processes

The integration process in European states inevitably requires developing a unified system of legislation and, consequently, actualizes the search for a unifying vector for a new model of common European law. The social system of values, formed under the substantial influence of religion, has become such a vector. In the context of integration processes, religion represents a determinative factor that forms the common public consciousness of the nations where interfaith organizations are important social institutions that carry out activities aimed at supporting their religious and some international state initiatives. This article aims to analyze the activities of interfaith organizations in the context of political and legal integration in Europe and to determine the influence of the religious factor on the globalization processes. The authors of this article analyzed a set of legal instruments and mechanisms for ensuring European integration based on the religious community. The article puts forward the hypothesis that the effective integration process requires the rule of law and the mechanism of legal regulation of social relations to proceed from a single system of values formed in the conditions of unity of perception of the spiritual and material world.