Normative Prescriptions Research Articles

Through the normative prism: a critical appraisal of the PICC’s provisions on anticipatory non-performance

Abstract The position of the Unidroit Principles of International Commercial Contracts (PICC) as a potential unifying influence and resource within the global competitive market for law is indelibly linked to the justifiability and desirability of the black letter rules embodied in the instrument. This article critically analyses the PICC’s provisions on anticipatory non-performance using two common law-oriented normative paradigms: economic efficiency and relational norms. It argues that the PICC’s remedial scheme for anticipatory non-performance satisfies the normative prescriptions of economic analysis of law in that the self-help measures available represent majoritarian default rules and facilitate early mitigation of loss, thereby maximizing the parties’ net exchange surplus. Furthermore, the article contends that the PICC’s remedial scheme is sensitive to the relational nature of commercial contracts such that it fosters the parties’ commitment, communication, cooperation, and trust, which are vital values in developing and maintaining relational assets.

On diversity of human-nature relationships in environmental sciences and its implications for the management of ecological crisis

Decision makers addressing the ecological crisis face the challenge of considering complex ecosystems in their socioeconomic decisions. Complementary to ecological sciences, other scientific frameworks, grouped under the umbrella term environmental sciences, offer decision makers the opportunity to pursue sustainable paths. Because the environmental sciences are drawn from different branches of science, environmental ethics must go beyond the legacy of ecology and the life sciences to describe the contribution of scientific knowledge to addressing the ecological crisis. In this regard, I analyze and compare three environmental sciences based on their seminal articles: Conservation Biology, Sustainability Science, and Sustainability Economics. My analysis shows that conservation biology and sustainability economics share strong similarities despite their different disciplinary backgrounds (life versus social sciences). Both seek to contrast a biocentric and an anthropocentric perspective. The goal of sustainability is therefore understood as a balance that must be found between these two perspectives. If the issue of balancing human and non-human interests is still relevant to sustainable science, it is more likely to take place in an ecocentric perspective based on alternative ontological and normative prescriptions. Based on this analysis, I distinguish between'proscriptive value-based' scientific work that cannot be used for policy advice but is flexible to different value systems, and'prescriptive value-based' scientific work that can be used for policy advice but is fixed within a given value system. Conflicting recommendations from environmental scientists therefore result from the coexistence of multiple 'prescriptive value-based' scientific approaches based on different conceptions of the relationship between humans and nature.

Implementation of the Omnibus Law Concept and Consolidated Texts: Amalgamation of the Common Law and Civil Law Legal Systems

Laws serve as normative prescriptions to guide human behavior in social life, ensuring the proper functioning of a society. However, the adoption of the omnibus law concept in Indonesia does not guarantee immediate perfection. To address this, an additional instrument, known as a consolidated text, is necessary to create systematic and easily understandable legal products for the public. This study aims to explore the application of consolidated texts in other countries and examine how they can be implemented in Indonesia's law formation process, particularly in relation to the omnibus law concept. The research employs normative research methods, incorporating statutory, conceptual, and comparative approaches. The findings reveal that Indonesia's adoption of the omnibus law concept would be ideal if accompanied by consolidated texts. Several countries, including the United Kingdom, Australia, and New Zealand, have already embraced consolidation methods in the development of their laws and regulations. Through the consolidation approach, all revised laws and regulations can be consolidated into a single text, complemented by additional regulations such as court decisions that provide further explanations regarding modified or unchanged articles or paragraphs.

THE CYCLICAL BEHAVIOUR OF FISCAL POLICY: ARE DEVELOPING COUNTRIES DIFFERENT, AND DO INSTITUTIONS MATTER?

The available empirical evidence shows that fiscal authorities commonly revert to procyclical fiscal policies instead of following the normative prescription of budgetary countercyclicality. The available empirical studies suggest that this phenomenon may be attributed to weak fiscal institutions. Hence, it is often advocated that strengthening institutions in the developing countries is a reliable way to improve the cyclical properties of fiscal policy. In this paper, we challenge this view by showing that the impact of institutions on the cyclical behaviour of fiscal policy is not uniform across all countries and differs significantly between advanced economies and the developing ones. In the latter, the impact of institutions on the quality of fiscal policy proves to be weak, which is in stark contrast to the strong relationship observed in developed economies. This surprising result suggests that the focus on improving institutional quality may be of little help as a tool to increase the countercyclicality of fiscal policy in the developing economies.

MODERNISATION OF THE LEGAL REGULATION OF TEMPORARY RESTRICTIONS ON THE EXERCISE OF PRIVATE RIGHTS IN UKRAINE ON THE WAY TO ECONOMIC INTEGRATION

The subject of the study is the theoretical and applied aspects of legal regulation of certain economic relations, in particular, the temporal restrictions on the implementation of private rights in Ukraine. Methodology. General scientific and special legal methods were used in the research process. Quantitative and qualitative parameters of organisational, legal and economic measures aimed at modernising the legal regulation of time limits on the exercise of private rights in Ukraine were determined with the help of the analysis. The synthesis ensured the clarification of the common features of economic and legal phenomena, which is a precondition for the modernisation of the legal regulation of time limits for the exercise of private rights in Ukraine. The comparative legal method allowed to identify common and specific features of the normative regulation of time limits on the exercise of private rights in different states (taking into account legal and economic features). The formal-legal method made it possible to draw conclusions on the effectiveness of the normative fixing of time limits on the exercise of private rights in the civil legislation of Ukraine and to make relevant proposals for changes in the civil legislation. The purpose of the study is to determine the state of legal regulation of time limitations on the exercise of private rights in Ukraine and to determine the prospects of its modernisation for the sake of economic integration (through the study of legal and economic aspects of the specified phenomenon). The results of the study showed that the state of legal regulation of time limits on the implementation of private rights in Ukraine on the way to economic integration creates the conditions for its modernisation within the framework of general and special legal regulations. Conclusion. The basis of the civilised development of the modern world community is the establishment of civilised rules for the circulation of relevant property goods. From this point of view, among the social relations that are the subject of civil law regulation, the most important are property rights and non-property rights related to them (which have no economic significance, but by their very nature play an important role in ensuring civil circulation). The Civil Code of any state is a basic legislative act regulating a significant part of social relations. The modernisation of temporal categories in various institutions of civil law can be characterised from the standpoint of the concept of updating the Civil Code of Ukraine, as well as from the study of the state and the need for improvement of other legal structures, in particular, from the standpoint of international jurisprudence. The temporal characteristics of the law are characterised through the prism of the limitation of the subjective right to intellectual property, which is generally consistent with the normative prescriptions contained in intellectual property law as a subdivision of civil law. The problematic aspects of the unification of intellectual property relations in the general provisions of the Civil Code of Ukraine and special legislation are identified, and proposals for the legal regulation of such relations are made in the light of international legislation, judicial practice and legal doctrine.

ПОНЯТИЕ И СОДЕРЖАНИЕ КОНСТИТУЦИОННОГО ПРАВА НА ЖИЛИЩЕ

The article is devoted to the study of the constitutional right to housing and the analysis of the specific content of this subjective right.
 Social rights and freedoms are one of the foundations of a democratic, legal and, especially, social state (Articles 1, 7 of the Constitution of the Russian Federation). One of the most important social rights is the right to housing. The need for housing is one of the primary human needs. Today, housing performs the functions of a place of rest, home life, study, work, communication, consumption of material and spiritual benefits, providing comfortable conditions for a healthy existence and protection from cold, heat, other conditions, and the like.
 It is not surprising that the right to housing is considered by the international community as one of the elements of the right to a decent standard of living (Article 25 of the Universal Declaration of Human Rights, Article 11 of the International Covenant on Economic, Social and Cultural Rights). At the same time, in the Russian constitutional law, the right to housing is positioned as an independent constitutional right.
 After analyzing the normative prescriptions of the Constitution of the Russian Federation, it becomes clear that the right of citizens to housing should be attributed to socio-economic rights and freedoms. The right of citizens to housing corresponds with such constitutional rights and freedoms as: the right to inviolability of the home, the right to private property, the right to free choice of place of stay and residence, and the right to personal dignity. In modern scientific doctrine, the right to housing is a constitutionally guaranteed opportunity for a citizen to satisfy the need for housing in one of the ways determined by law.

Experimental Evaluating of the Physical, Mechanical and Durability Properties of Natural, Recycled and Both Combined Aggregates Based Concretes

This experimental study aims at the reuse of recycled aggregates (RA), resulting from the demolition of concrete, cement block and cement mortar, in the manufacture of common construction in Burkina Faso. The RA can readily replace natural aggregates in concrete. Then five formulations of natural and recycled aggregates based concrete for characteristic strength of 25 Mpa were prepared in addition to the natural aggregates base concrete named reference concrete (BN): two types of recycled aggregates concrete (BR), three types of recycles and natural combined aggregates base concrete (BC). The properties of natural and recycled aggregates were characterized and the physical, mechanical strength and durability properties were also evaluated for all concrete specimens. All the studied concrete formulation present a density between 2000 kg/m3 ≤ ρ ≥ 2600 kg/m3 and an average slump of 4.9 ± 0.1 cm. The obtained results indicate that the recycled aggregates are suitable for current concrete. Two out of the five combinations studied, such as the natural (BN) and combined aggregate (BC2) based concretes satisfy the mechanical characteristics (Rc28 > 25 MPa) at 28 days of age and an average absorption coefficient of 2.93% and 3.98%. The recycled aggregate based concrete (BR1, BR2) and combined aggregate based concrete (BC1), gave respective average compressive strength of 21.55 MPa, 20.50 MPa and 20.30 MPa, i.e. a difference of 13.80% to 18.80% under the characteristic strength (25 MPa) aimed at 28 days of age. Thus, the recycled aggregates are in conformity with the normative prescriptions and their use for standard concrete gives adequate physical, mechanical and durability properties for the production of the C20/25 concrete series in the common civil engineering applications.

“TRABALHO DE FORMIGUINHA”: FORMAÇÃO CONTINUADA DE DOCENTES EM SEXUALIDADE NA REDE MUNICIPAL DE EDUCAÇÃO DE MANAUS

ABSTRACT: This article is part of a doctoral research that analyzed the implementation of in-service teacher education on the topic of sexuality in the Department of Teachers’ Professional Development of the Municipal Secretary of Education in the city of Manaus, Brazil, from its creation in 2000, until the first semester of 2018. We sought to 1) identify the concepts of sexuality and gender that permeate the training and activities developed by teachers in the schools, 2) the impact of the disputes on local legislative power around the educational policies regarding sexuality on the practices of trainers and teacher(s), and 3) to check how both professional groups deal with this established tension. The qualitative study had an ethnographic perspective. We identified that the actions undertaken are permeated by several concepts of sexuality and gender that co-exist or differ depending on the interest at stake in each moment. To deal with the tensions and justify the work relevance, teachers use normative prescriptions and focus on bullying prevention and juvenile sexual violence. Regarding sexuality educational policies, there is a tendency to ignore what children and teenagers think about sexuality, which can show a role of guardianship that continues to linger in this context.

INTERNATIONAL LEGAL FIGHT AGAINST THE ILLEGAL CIRCULATION OF CULTURAL HERITAGE OBJECTS IN THE CONDITIONS OF ECONOMIC INTEGRATION

The subject of the study is the conceptual, theoretical, empirical, methodological and applied foundations of the international legal fight against the illegal circulation of cultural heritage objects in the conditions of economic integration. Methodology. General scientific and special legal methods were used in the research process. Quantitative and qualitative characteristics of illegal circulation of cultural heritage objects in conditions of economic integration as a social phenomenon were determined with the help of the analysis. The synthesis provided the formation of common features of negative and positive factors that hinder and facilitate the illegal circulation of cultural heritage objects. The comparative legal method allowed to identify the common and distinctive features of the international agreements in this area, as well as with regard to the implementation of their provisions in the national legislation of Ukraine and the Republic of Azerbaijan. The formal-legal method created the conditions for formulating conclusions on the effectiveness of measures defined by international and national legislation in combating the illegal circulation of cultural heritage objects. The purpose of the article is to identify the characteristics of the international legal fight against the illegal circulation of cultural heritage objects in the conditions of economic integration. The results of the study showed that the international legal fight against the illegal circulation of cultural heritage objects is reflected within the universal international legal, regional international legal and national levels, which are mediated by the legislation of general, special and national legal regimes. Conclusion. Characteristic signs of the deformation of the legal market for the circulation of cultural values have been revealed, taking into account the socio-political and economic conditions of the country in which it exists, the culture of the relevant people, and the level of regulatory and legal support that determines the rules for the civilized circulation of such objects. It has been established that the characteristic conditions under which the illegal circulation of cultural heritage objects takes place as a social phenomenon in today's conditions are: 1) interpenetration of the cultures of existing peoples within the framework of economic, political, legal and other spheres of society; 2) establishment of various forms and methods of exchange of similar goods in social life; 3) occupation of a corresponding niche by such objects in the spiritual, legal, social and economic content of such relations; 4) creation of conditions for access to such objects not only by representatives of the countries of origin, but also by other representatives of the world community, in particular through the means of the global Internet network; 5) as a result of the increase in value of such objects due to demand in society, especially due to illegal procedures; 6) in connection with the radicalization of social relations within certain countries or geopolitical formations, creation of conditions for illegal export of such objects from countries where armed conflicts are spreading. In terms of economic integration, the first level is significant, which is mediated by normative prescriptions of international legislation within the framework of the UNESCO Convention 1970 та UNIDROIT Convention 1995, the first of which has a more declarative and generalized nature on issues of normalization of rules of circulation of cultural heritage, and the second ensures the creation of legal structures for the return of illegally transferred cultural values in circulation using private law means. It is established that the instruments of the UNESCO Convention of 1954 with its attached protocols UNESCO Convention of 1954 with its attached protocols UNESCO 1954 Protocol to the Convention та UNESCO 1999 Second Protocol to the Convention make it impossible for criminal groups to finance their activities precisely at the expense of the sale of objects of cultural heritage, mediate the introduction of the category of crime under such circumstances as acts in the form of denial of the right to culture and consideration of the latter as a method of waging war. The cultural value approach of the given regulations is supported. The ways of implementation of the international standards of the fight against the illegal circulation of cultural heritage objects in the national legislation of Ukraine and the Republic of Azerbaijan are analyzed.

Transdisciplinarity as a Means of Achieving the Unity of Terminology and Regulation Sources (Using the Example of an Accusation Casus Under Article 132 of the Criminal Code of the Russian Federation)

The paper presents a terminological analysis of a court casus when an underage person was accused of a crime under Art. 132 of the Criminal Code of the Russian Federation (the RF). The analysis established a terminological ambiguity, as well as an absence of theoretical and practical unity in the understanding of the categories «other actions of sexual nature», «helpless state of a person» and «helplessness». The authors present a detailed demonstration of the uncovered terminological ambiguity using references to the current federal legislation, subordinate legal acts of the RF, as well as Decrees of the Constitutional Court of the RF and Decrees of the Plenums of the Supreme Court of the RF containing normative prescriptions and the results of generalized court practice’s assessment. The context of the stated issues is used to define specific features of other debatable and ambiguous categories of jurisprudence (the source of law, the abuse of the right and so on), the authors stress the importance of conducting an interdisciplinary analysis of the contents of the analyzed ambiguous categories and terms of the legal science with the purpose of finding an opportunity for their adequate interpretation, including an interpretation for legal practice. A detailed examination of the abovementioned problem of ambiguous terminology using only a formal-legal (dogmatic) method allowed the authors to conclude that it is necessary to apply not only an interdisciplinary research methodology, but also a transdisciplinary approach in order to achieve a unity in understanding specific legal terminology by the methods of other sciences, including forensic psychology, sexology and forensic psychiatry. This conclusion is made for both the special categories examined in the article (other acts of sexual nature, helpless state of a person, helplessness) and special legal terminology in general. The authors outline the problem implementing such a transdisciplinary approach to create unified sources of normative information, which could ensure consistent and uniform law enforcement practices of public authorities and their officials if cases when doubts arise concerning the contents of multi-purpose and objectively inter-sectorial categories and legal terms. The authors come to the fundamental conclusion that a quality research methodology needed in the conditions of the modern society of the 21st century.

Bullying Phenomenon in Schools: Teachers Training Needs and the Romanian New Legislative Provisions

The professional development of teachers in pre-university education is a priority for political decision-makers in Romania. The new legislative provisions regarding the implementation of programs for professional development bring a plus in the field of increasing the quality of education by including a distinct thematic area, which is violence/bullying. In this context, this article aims to examine those legislative changes regarding the continuing professional training of teachers that can serve the work of teachers from the perspective of prevention and intervention in bullying incidents. To achieve this objective, we resorted, on the one hand, to the analysis of the provisions of the new methodology that regulates the quality of continuing professional training programs and of the methodological norms aimed at the application of some provisions of the National Education Law regarding psychological violence-bullying, and on the other hand, we encountered a descriptive reading of the literature and scientific studies related to bullying with the aim of carrying out an interpretive study of the trends in the field of professional upgrading of teaching staff aimed at ensuring an appropriate legislative framework for the training of skills appropriate to the particularities of this type of violence. Our conclusions converge towards the appreciation that the effectiveness of the teaching staff in preventing and combating bullying largely depends on the transposition/operationalization of normative prescriptions in accordance with the scientific literature, in order for the professionals in education to better understand this phenomenon and its prevention.

From Commonplacing to Expressing Confessional Identity: The Sturmian Paroemiology in Strasbourg and the Hungarian Albert Szenci Molnár

In the early modern period, commonplacing was a general method for structuring knowledge and taking notes. At the protestant gymnasium of Strasbourg, the disciples of Johann Sturm encouraged their pupils to compose their own handwritten commonplace-books to acquire a richness in subject knowledge and in idioms. This paper focuses on the annotations of one of their Hungarian students, Albert Szenci Molnár (1574-1634), a most important author of the Calvinist late humanism in the Kingdom of Hungary and in Transylvania. Analysing this unique source enables us to understand how the normative prescriptions of excerpting as a scholarly exercise were put into practice by students. The paper argues that Molnár’s commonplace-book follows the structure that his teacher, Johann Bentz determined in one of his textbooks. The manuscript seems to meet the general requirements of protestant education, it also documents Molnár’s interest in Hungarian contributions to international humanism and his serious conflict with Lutheran authorities about issues in communion theology. Hence, the notebook has, above its conventional contents, a more personalised layer where individual choices of readings become visible.

Is political realism barren?: normativity and story-telling

ABSTRACT Political realism has been criticised for its methodological claims about normativity and for its criticisms of moralism. Realists themselves should be more concerned that for all its methodological wrangling, realists have struggled to produce much positive theorising, rendering realism barren. I argue that realism, in both its liberal and radical forms, is currently barren in the sense of being unproductive, and show how the two dominant forms of realism are barren in different ways. Bernard Williams’s liberal realism exclusively derives its normative resources from existing political practices, values, and institutions, which leads it to replicate the status quo and precludes external criticism. Radical realism, represented here by Raymond Geuss, is barren because the fear of succumbing to moralism or ‘normativism’ leads radical realists to wrongly abjure normativity altogether. Having shown that both forms of realism are barren I argue that radical realists should adopt a method of political theory as story-telling as a way to avoid both moralism and barrenness. While realists are right to be wary of normative prescription, I argue that realists need to tell a story about which political transformations are desirable and why or else risk succumbing barrenness. I give a brief illustration of story-telling in practice then address some objections to story-telling as a productive method.

Political realism and the relationship between ideal and non-ideal theory

ABSTRACT When interest in political realism started to resurge a few years ago, it was not uncommon to interpret realist political theory as a form of non-ideal theorising. This reading has been subjected to extensive criticism. First, realists have argued that political realism cannot be interpreted as merely a form of applied political theory. Second, realists have explained that political realism can defend a role for unfeasible normative prescriptions in political theory. I explain that these developments, besides allowing us to reject interpretations of political realism as a form of non-ideal theory, have given us reason to think of political realism as a form of ideal theory. Yet, when ideal theory enters the picture, a series of methodological questions arise regarding the proper use of ideals. In this paper, I clarify how the relationship between ideal and non-ideal theory ought to be conceptualised in realist political theory. I examine the two major interpretations of the role of ideals that have been provided so far – the target and benchmark interpretations – and I show that neither is compatible with some of the fundamental theoretical commitments of realist political theory. This both allows me to point out the requirements that an interpretation of the relationship between ideal and non-ideal theory must meet to be defined as properly realist and allows me to emphasise the strengths of the realist approach. Accordingly, I propose a new interpretation of the role of ideals, one consistent with realist theoretical commitments: I suggest that realist political ideals ought to be interpreted as models.

Toward an attentional turn in research on risky choice.

For a long time, the dominant approach to studying decision making under risk has been to use psychoeconomic functions to account for how behavior deviates from the normative prescriptions of expected value maximization. While this neo-Bernoullian tradition has advanced the field in various ways—such as identifying seminal phenomena of risky choice (e.g., Allais paradox, fourfold pattern)—it contains a major shortcoming: Psychoeconomic curves are mute with regard to the cognitive mechanisms underlying risky choice. This neglect of the mechanisms both limits the explanatory value of neo-Bernoullian models and fails to provide guidance for designing effective interventions to improve decision making. Here we showcase a recent “attentional turn” in research on risk choice that elaborates how deviations from normative prescriptions can result from imbalances in attention allocation (rather than distortions in the representation or processing of probability and outcome information) and that thus promises to overcome the challenges of the neo-Bernoullian tradition. We argue that a comprehensive understanding of preference formation in risky choice must provide an account on a mechanistic level, and we delineate directions in which existing theories that rely on attentional processes may be extended to achieve this objective.

Checkmate? Corporate Power-Sharing, Liberal Voting Rights and the Kosovo Supreme Court

ABSTRACT After the 2021 parliamentary elections, the Kosovo Supreme Court annulled some 5800 votes expressed for three minority lists running for guaranteed seats of the Bosniak and the Roma minorities. The court considered it impossible that they were cast by members of the respective ethnic communities. This court ruling has wider implications for consociational theory, as it makes novel normative prescriptions about group representation in divided societies. The debate in Kosovo closely mirrors similar controversies elsewhere, such as the ‘Sejdić-Finci’ case in the elections of the state presidency of Bosnia and Herzegovina, or the reserved parliamentary seats in Lebanon.

Stiffness assessment of welded I-beam to RHS column connections

This present paper evaluates the initial stiffness of welded I-beam to RHS column connections loaded by in-plane bending moments. Currently, there is a need to find mechanisms to satisfactorily determine the stiffness of these joints, due to the vast diversity of geometric characteristics. In this context, a numerical and theoretical study was carried out to obtain the initial stiffness through numerical finite element models and the component method. Thus, with a validated numerical model, 36 different connections were evaluated with column face failure and with variations in column thickness, beam flange width, and beam height. The initial stiffness results were obtained for the numerical models and compared with results calculated by the component method. The formulations available in the literature were considered, since the normative prescriptions still do not include formulations for tubular connections. The adopted springs model was described, composed of three components that correspond to the characteristic efforts of the connection: column face in bending, column lateral face in tension or compression and column lateral face in shear. The component “column face in bending” contributed mainly to the determination of the initial stiffness. In the current normative prescription, there are no equations for the stiffness coefficient of this component. Thus, three different formulations from the literature were evaluated. Finally, an adjustment was proposed to satisfactorily represent the evaluated component and the initial stiffness of the connections.

Dictators’ Drinks at the Pub. A Role Play on the Strategic Use of Power and Violence

The Dictators’ Drinks at the Pub is a role play for political science students that develops an understanding of the rational and strategic uses of state violence. The role play facilitates informal discussions and mutual advice between political leaders of autocratic or semi-democratic states regarding the strategic use of violence. The role play is designed to allow a deeper understanding of how violence can be pragmatically and politically useful (beyond obvious normative prescriptions against it) and which institutional and other factors act to constrain it. By drawing on real-world cases, participants deepen their knowledge of one empirical case considerably, as well as fostering comparative analysis with other cases. The collaborative atmosphere strengthens group cohesion in-class allowing for more in-depth discussions of sensitive topics. While the method is time-consuming and strongly dependent on solid preparation through the participants, the role play facilitates in-depth and long-term engagement with the issues.

PRECONTRACTUAL JUSTICE

ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice (or welfare) of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational disadvantage must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree.

State’s protection of personal rights

The article explores certain areas of public relations that require state and legal regulation to avoid social conflicts. Examining the constitutional mechanism of state power, experts define its functions as the activities of the subjects of such a mechanism within the competence defined by law, aimed at achieving the goals and objectives of the state. Thus, the main purpose of the Constitutional state, as Ukraine declares itself, is the real provision of the individual’s ability to realise constitutional rights and freedoms for their own benefit. Nowadays, the formal declaration of social justice is often obvious, but modern Ukrainian society is characterized by many contradictions – the adoption of a significant number of legal acts and at the same time the spread of total legal nihilism (adopted laws are openly ignored, violated and not valued). It is emphasized that legal education is an important founder of the value criteria for the existence of the the Constitutional state. The arsenal of various means of spiritual development and improvement of the person has special value. And law is one of them.
 Emphasized that a person’s legal convictions are strengthened under the conditions of constant thoughtful improvement of normative prescriptions, bringing them in line with the urgent needs of social development.
 In Ukraine, there are areas that need to be transformed, but there are also those in which lawmakers have reacted quickly to change. The author studies some regulations on the areas of economics, and armed conflict.
 It is concluded that the norms of international and Ukrainian law on the protection of human rights testify the activity of the state in performing its functions to regulate the life of the human team. The application of state and legal measures to ensure the health, life and security of society, although not always prompt and adequate, is undoubtedly invaluable given the parity of protected goods.