Legal Regulation Of Social Relations Research Articles

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.

Ways of harmonizing the interaction of «traditions» and «progress» in law.

The process of development of various directions of objective scientific analysis of the problems of the theory of the state and law is studied; an analysis of legal tradition, progress, stability in law was carried out, with an emphasis on determining the spiritual (religious) component in their content. The author proves the point of view that ways of harmonizing the interaction of «tradition» and «progress» in law can be revealed through the analysis of legal culture and the place of religious-normative values in it, as they contribute to the disclosure and understanding of factors affecting the development of the legal system. The author notes that tradition is ideals, models, symbols, norms of various kinds (moral, customary, religious, legal), transmitted orally or in writing from generation to generation of a given community, considered in it as particularly valuable, unique, that strengthen social connections and allow to regulate social relations. In principle, the legal tradition does not decide the content of specific legal norms, although these norms always reflect the spirit of a specific legal tradition. This is primarily a set of deeply rooted, historically determined general approaches to the genesis, essence and function of law, views on the relationship between law and religion, politics, economics and the entire organization of social life, beliefs about the correct ways of legislation, application, improvement and teaching of law. While legal progress is definitely a process of legal development of society and its components, oriented to legal values; characterized by signs of dynamism, purposefulness, progressivity, consistency, predictability of change, improvement of law with the aim of achieving the legal ideal, the result of which is an increase in the level of legal culture of society and the effectiveness of legal regulation of social relations. The point of view is substantiated that the ideas of tradition and progress related to historical processes suggest the possibility of forming, at least to a certain extent, the directions of this development from the point of view of values approved by the social forces that implement them. Changes in the legal tradition are evidenced by the completeness of the connections between modern law and the past of law. Each legal culture associated with the tradition of law has its own beginning, variable development, marked by periods of progress and development, regression and stabilization. The development of values that contribute to the formation of better social solutions is precisely progress. Modern legal traditions remain under strong pressure from processes of their unification on a continental scale. However, acculturation, convergence, harmonization, unification weaken the identity of legal cultures, disrupt the stability of law, because they are based on changes. Key words: legal tradition, progress, religious norms, law, legal system, legal culture.

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.

Legislative Clichés: Specifics, Types and Functions

The article considers expressions (cliches) used in modern laws and model legislative acts. The concepts of "legislative cliché" and "hackneyed phrase" are differentiated. Approaches to research (discursive and genre-stylistic) and their correlation are grounded. Varieties of clichés (general, interdisciplinary, special, actional-imperative, frame-reference), functions and other features of legislative clichés are considered. Firstly, the communication of information that is universal for the legal regulation of social relations (general, interdisciplinary legislative clichés). Secondly, the identification of a specific area of regulated relations (special clichés). Thirdly, the specifying of actions that are performed in relation to legislative concepts, structural units or the legislative text as a whole (actional-imperative legislative clichés). Fourthly, the specifying of the structural units of the law, as well as ways of referring to the text of the law or part of the law (frame-reference legislative clichés). Common features of legislative clichés are distinguished: integrity of meaning, semantic stability, uniformity of structure, contextual stability (locality), regularity of reproduction, polyfunctionality; as well as potential (additional) features: transformation of the meaning, addition of components (broadening of semantics), variation of use, equivalence (possibility of substitution) but not identity. It is concluded that the legislative cliche is a discursive marker of the speech genre "Law". Research material: texts of federal laws and model acts, dictionaries of legislative terms.

SOCIALIZATION OF ARTIFICIAL INTELLIGENCE AND TRANSHUMANISM: LEGAL AND ECONOMIC ASPECTS

The article aims to determine the promising directions for the development of legal regulation in connection with the development of technologies of artificial intelligence and transhumanism and the economic impact of this development. Dangerous forecasts of technological development require analysis of prospects of legal regulation in this area. With the help of the "task-method-provision" methodology, the perspective tasks of legal regulation are formulated in connection with the hypothesis of artificial intelligence and in the context of the technological development of transhumanism. Legal regulation should ensure maximum diversification of technological choices. Technology should not be limited but, on the contrary, should be as diverse as possible. If the law creates conditions/requirements to create as many different technological solutions as possible, this will effectively prevent the development of negative impacts. The significance of the global problem becomes a question of legal safeguards for the effective development of the information environment. Vast amounts of information accumulated by humanity in a lifetime will require new legal mechanisms. Results. A method of assessing the prospects of legal regulation of social relations related to the use of technologies is proposed. It consists of consistent answers to questions concerning 1) the expediency of banning or regulating certain technologies, 2) the method of regulation, and 3) the ways of ensuring the implementation of norms regulating the development of technologies. The article substantiates the following theses: the impossibility of prohibiting the development of technology, the expediency of legal incentives for the efficient use and minimization of the risks of misuse of technology, the necessity to ensure the maximum diversification of technological solutions, the change of the range of legal professions against the background of the convergence of legal and technical sciences; legal guarantees for the efficient development of the economy and the information environment.

Media accessibility: concept and improvement of legal regulation

The article is devoted to the study of existing mechanisms of legal regulation to ensure the availability of information in compliance with the barrier-free principle. An analysis of the experience of European countries regarding the organizational and legal support for the implementation of the state information policy in the field of media was carried out. Proposals have been prepared to improve the legal regulation of social relations that arise while ensuring everyone's access to information.

On the issue of legal relations in the sphere of sports (subject of sports law)

Modern sport is a unique phenomenon that has damaged itself in economic, social, cultural, political and other dimensions. Therefore, the legal change of the relations that are diverse in content, which is developing in the field of sports, is of great importance. Therefore, the article is focused on a comprehensive understanding of the peculiarities of the regulation of legal relations in the field of sports within the framework of a theoretical and legal approach.
 Part of social relations in the field of sports is not covered by legal regulation. It happens that civil servants in the field of sports make unfounded decisions, or court decisions are not accepted. This, in particular, is also connected with the fact that the actual field of sports is considered a non-priority direction. That is why it is possible and desirable to change approaches to the legal regulation of social relations, to strengthen the benefits of physical culture and sports in Ukraine, and to adopt the Sports Code as a result of the codification of regulatory and legal prescriptions in this area.
 The development of social relations in the field of sports is due to much larger situations when legal regulation does not reach certain sports events, and also does not always perceive their socio-political “coloring”. That is why in this area there is a steady improvement of the legislation, as well as the harmonization of the legislation with the norms of international law. Part of social relations in the field of sports is not covered by legal regulation. It happens that civil servants in the field of sports make unfounded decisions, or court decisions are not accepted. This, in particular, is also connected with the fact that the actual field of sports is considered a non-priority direction. That is why it is possible and desirable to change approaches to the legal regulation of social relations, to strengthen the benefits of physical culture and sports in Ukraine, and to adopt the Sports Code as a result of the codification of regulatory and legal prescriptions in this area.

Administrative, financial, criminal-legal and theoretical-methodological aspects of regulating social relations in government bodies

The purpose of the research was to define the theoretical, administrative and civil law aspects of the regulation of social relations. Consequently, the article specifies the means of social regulation, which include components of legal, moral, corporate and customary, etc. type. It has been shown that legal regulation of social relations is defined as an intentional action on the behavior of people and social relations with the help of legal (juridical) means. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. By way of conclusion it has been proved that since the object of legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. As contributions, the following factors of social relations have been determined: level of economic development of society; social structure of society; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation.

ОСНОВНІ СКЛАДОВІ ЕЛЕМЕНТИ АДМІНІСТРАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ПРАВ І СВОБОД ЛЮДИНИ

The article defines the main constituent elements of the administrative and legal provision of human and citizen rights and freedoms. The content of administrative and legal support is clarified, in particular, it is proposed to understand how the activity of state authorities is determined and regulated by legislation, in order to ensure the optimal mechanism for organizing, consolidating, implementing, protecting and protecting social relations with respect to human rights and freedoms. An analysis of concepts similar in content in different variable combinations was carried out. It is noted that under "collateral" should be understood the conditions of guarantee. Legal support is the activity of the state regulated, established and aimed at realizing the rights, freedoms and legitimate interests of its citizens. It is emphasized that the mechanism of administrative and legal protection of human rights and freedoms is a single integral system of legal means, with the help of which legal regulation of social relations is carried out. The author traditionally proposes to include the norms of administrative law among the elements of the mechanism of administrative and legal support; legal fact; acts of direct implementation of the right; acts of application of the law, which establish and implement the provisions of administrative and legal norms. It is said that administrative and legal norms are the primary structural elements of administrative regulation of social relations in the sphere of ensuring the rights and freedoms of a person and a citizen. It is emphasized that they occupy the central link, since their absence leads to inactivity of the entire system of functioning of administrative law. In conclusion, it is outlined that the mechanism of administrative and legal protection of human rights and freedoms has its own specifics, in particular: the structure of the mechanism, which includes two interconnected subsystems; the mechanism acts as a means of implementing state power in relation to the management of public relations as a whole; the mechanism of administrative and legal support is characterized by its own, specific content.

Certain aspects of the use of goal setting as a methodological technique for the study of administrative law

The article, based on the analysis of the norms of public and private law, offers some advantages of using goal-setting as a methodological technique for the study of administrative law. It was established that the process of formation and implementation of goals has an important role in administrative and legal regulation, and therefore should have a scientific basis in the form of “goal setting”. If the goals of all elements of the administrative law system are properly defined and formulated, then, firstly, law enforcement subjects will be able to carry out targeted management, control, law enforcementactivities and activities related to the provision of administrative services, and secondly, this will create favorable conditions for the formation and the development of legal awareness among private individuals, which will have a positive effect on the observance of the general regime оf legality in the state. It has been proven that “right in the subjective sense” goes beyondresearch through the lens of goal setting. This is due to the fact that, firstly, natural human rights are only declarations that cannot be realized in real life without “rights in the objective sense”, secondly, the rights of a citizen are the result of legal regulation of social relations in a specific country, and therefore they should be considered exclusively as a result of achieving the goals of administrative and legal regulation. It is proved that the criteria for dividing the law into public and private law are the goals of legal regulation, which can be determined through the analysis of types of legal regulation. It was found thatthe following type of legal regulation is used in administrative and legal regulation in relation to public administration entities: “Only what is provided for by law is allowed.” That is, the main goal of administrative and legal regulation in relation to subjects of public administration is to prevent arbitrariness on the part of subjects endowed with public-authority powers. In relation to private individuals, the following type of administrative and legal regulation is used: “All that is provided for and not prohibited by law is permitted.” This type of administrative-legal regulation pursues two goals at once, which are hierarchically located next to each other: 1) to maximally ensure the realization of the rights and freedoms of a person and a citizen in relationswith the state and other subjects endowed with public-authority relations; 2) not to limit the variability of the behavior of private individuals in administrative legal relations in cases where there are no clear requirements for such behavior in the form of prescriptions or prohibitions or in cases where there are gaps in administrative and legal regulation.