Protection Of State Interests Research Articles

Sanctions as a measure of constitutional and legal responsibility: legal positions of the Constitutional Court of Ukraine

The article focuses attention on the role of legal positions of the Constitutional Court of Ukraine in improving all components of constitutional and legal responsibility. It is emphasized that in view of the development of social relations, consolidation of Ukraine’s foreign policy course towards full membership in the EU, the war with Russia, one of the key issues is the question of measures of constitutional and legal responsibility (sanctions) in the retrospective aspect. It is noted that currently the measures of constitutional and legal responsibility have the following shortcomings: 1) fragmentation; 2) diversity; 3) conflicts (between normative acts that enshrine them and individual norms of law; conflicts in law-making and law enforcement; conflicts of powers and statuses of state bodies, officials).
 The legal positions of the Constitutional Court of Ukraine regarding sanctions as a measure of constitutional and legal responsibility have been revealed. Attention is focused on their features, if the constitutional responsibility is borne by: 1) a collective subject; 2) an individual subject. It is emphasized that if the constitutional responsibility is borne by an individual subject - sanctions should be individualized as much as possible; a balance must be achieved between the protection of state interests, state security and interference with the rights and freedoms of an individual subject.
 Attention is focused on the sanctions that can be established in the laws of Ukraine (at the same time, it is emphasized that the Verkhovna Rada of Ukraine is not the only entity empowered to establish sanctions), the constitutional and legal responsibility that the parliament itself bears for the adopted laws, acts of public legislation, absolutely defined and non-alternative sanctions.

Social responsibility of the state as an anti-crisis component of public administration

The article examines the multifactorial issue of social responsibility, investigates the phenomenon of social responsibility of the state, and determines the role and place of social responsibility in overco ming crisis situations. It is established that in a broad sense, the social responsibility of the state is a system of effective management of the territory, including economic, political, social, security, cultural and environmental measures, in order to increase and maintain the standard of living of the population, which would satisfy the majority of citizens. At the same time, it should be about ensuring sustainable development and prospects for further improvement. It was determined that social responsibility is defined by a dynamic value system, which is characteristic of individuals, social communities and society in general, state and local authorities and their representatives. The emergence of social responsibility is directly related to social values that determine the activity and behavior of all participants in social processes. Based on this, it can be stated that the social responsibility of the state is realized as a manifestation of the will of each individual.
 It has been proven that in modern conditions, the key factor for overcoming crisis situations and ensuring the effective development of the state is a stable and society-oriented government, which in its activity covers both the needs of citizens and advanced management practices. In the conditions of a difficult economic, political, social and demographic situation in Ukraine, the social responsibility of the state should become one of the components of a unifying national idea that will help overcome the systemic crisis that affects all spheres of social life. It began to play an especially important role during a full-scale war, when the issue of the survival of the state depends on interaction and mutual trust between the authorities and citizens. It has been proven that for modern Ukraine the focus of actions of public authorities, private and public sector on protection of state interests and support of the economy should become characteristic. A similar vector of development of Ukrainian society contributes to complex development, when the process of formation of common values is accompanied by support from all participants in power-social relations.

Administrative and Legal Mechanisms of Patent and Licensing Work in the USSR in the First half of the 1960s (on the Materials of the GANO)

The subject of the study is the insufficiently studied problem in the historical and legal science of the state-legal regulation of the processes of patent and licensing activities in the USSR, and especially the administrative and legal mechanisms of the formation of this activity in the first half of the 1960s. It was during this period that the Soviet State began to actively pay attention to the issues of patent protection of industrial products exported and the organization of patent business within the country. The paper investigates archival materials of the Novosibirsk region, which allow describing administrative and legal ways of organizing patent work on the example of the West Siberian State Farm. The purpose of the study is the analysis of administrative and legal acts of state authorities of the USSR of 1961-1965, which allows to expand the range of knowledge about the organization of patent and licensing activities in the USSR, to identify its rational elements, which in the future could be used in modern conditions in an updated form. In the course of the study, the formal legal method, traditional for historical and legal science, was used, which allowed interpreting the content of the legal prescriptions under study by describing the norms of law, establishing legal signs of patent and licensing activities in the period under study. System-structural methods of analysis made it possible to isolate the elements of the organizational and legal structure of patent and licensing work in the USSR in the first half of the 1960s. The analysis of the sources allowed the author to conclude that in 1960-1965 in the USSR there was the formation of a system of patent and licensing work, the main purpose of which was the protection of state interests in the field of invention. The organizational basis of the activity consisted of patent divisions of research institutes, patent examination groups, as well as patent divisions of enterprises and organizations. The main mechanisms of the organization of patent and licensing activities were based on the directive and instructional provisions of the Committee for Inventions and Discoveries of the USSR.

ENSURING FOOD SECURITY IN KAZAKHSTAN: THEORY, METHODOLOGY AND PRACTICE OF AGRIBUSINESS DEVELOPMENT

The article presents the theoretical foundations and summarizes scientific and methodological provisions on the problems of food security, market development, competi-tion, formation of competitiveness of products, production, and producers in market conditions of management, taking into account domestic and foreign experience. The structure of the country's food potential and elements of increasing its competitiveness are described. The article notes the importance of developing and strengthening the country's agro-industrial complex as the basis for its food supply. The problem of food security in the modern world is primarily related to the prob-lem of hunger and malnutrition of the population, the protection of state interests, including en-suring and maintaining socio-economic stability in the country, and meeting the vital need for food. The article describes the theoretical and methodological foundations of the development of agriculture.

ТУРКИСТОН БОШҚАРУВИ ТИЗИМИДА ҲУҚУҚНИ МУҲОФАЗА ҚИЛУВЧИ ОРГАНЛАР ФАОЛИЯТИДАГИ МУАММОЛАР (Фарғона вилоят милиция органи мисолида)

This article discusses the activities of the police and the «Volunteer Police» in Turkestan in 1924, in particular in the Fergana region, the disruptions in their economic and financial supply, the reduction in the number of police, the allocation of funds and food security problems. It also provides information on the activities of the workers ‘and peasants’ militia in the early years of Soviet power, namely that there were two types of militiamen: state, mainly city militiamen, and volunteer militia. It is noted that the provision of police volunteers is the responsibility of the local population, which, in turn, has a certain «response» in the protection of law and order, the protection of state interests among the population.Index Terms: police, workers and peasants police, Soviet government, “Volunteer police”, supply, “Two weeks of aid”, army, Revolutionary Committee, Red Army, printing, illiteracy

Transforming the Concepts of "State Security" and "National Security" in the System of Public Administration

The purpose of the article is analyzing the concepts of "state security" and "national security" and determining the place of national security in the system of public administration. The scientific novelty of the article is substantiating the processes of transforming the concept of "state security" in the system of public administration in connection with socio-political changes. Conclusions. The article analyzes the processes of transformation taking place in Ukrainian society and leading to democratization and the introduction of new values in the activities of government, in particular, in the system of state governance, which in modern conditions is transformed into public administration. The article notes that in the concept of public administration the main leading subject of social development and regulation of public relations is the state, and the system of public administration is dominated by public institutions, which include civil society and private organizations which have the opportunity to act on an equal competitive basis with state institutions. Such changes also affected the security system, where the approaches of state security priority, which emphasized the protection of state interests through the institutions of state power, were replaced by understanding of the need o protect national values, human interests and society, ensuring safe living conditions and welfare of the citizens. Because of this, the concept of "national security" is beginning to come forth, which has become broader than the concept of "state security" and fully complies with the principles of public administration. The conclusions say that in accordance with the trends observed in Ukrainian society and caused by democratic changes, the system of public administration is undergoing significant transformations, where the main element is the state power and which is characterized by authoritarianism. Public administration is realized through democracy, and the cooperation of the state and the population takes into account the needs of each other. Trends taking place in the state, particularly in the issue of national security, put the interests of a person and a citizen first. Similarly the transformation of state governance to public administration takes place. In accordance with modern conditions of development, state governance is replaced by public administration, where the interests of a person, citizen and society are the highest value. Key words: state governance, public administration, state security, national security, transformation processes.

АГИТАЦИОННО-ПРОПАГАНДИСТСКАЯ ЗАЩИТА ИНТЕРЕСОВ ГОСУДАРСТВА В ИВАНОВСКОЙ ОБЛАСТИ В 1941 ГОДУ

The article is devoted to the study of the actions of the Soviet state on agitation and propaganda protection of state interests in the Ivanovo region in 1941. It reflects the measures of the Soviet government and the state defense Committee of the USSR to prevent uncontrolled forms of dissemination of information that arouses alarm among the population and measures of responsibility for these actions. Important attention is paid to such official means of countering German propaganda in the Ivanovo region as radio broadcasting, periodicals and film production. It shows the specifics of their activities in the most difficult conditions of the initial period of the great Patriotic war, the degree of perception of the population of the region of the information they bring. The article is based on the materials of the Russian state archive of socio-political history, the state archive of the Ivanovo region and the local periodical press. The results of this research may be of interest to specialists in the history of the great Patriotic war, students of higher educational institutions, as well as the General public.

Tax Relations from a Position of Business Safe Development and Protection of State Interests

Purpose: the article analyzes the tax policy of the Russian Federation and judicial practice of the cases related to tax legislation from the standpoint of business safe development and protection of state interests; contains measures that allow the formation of adequate tax relations between the state and business aimed at the development of the national economy.Methods: tax relations consider in two aspects: from the position of state interests, on the one hand, and subjective perception of business, on the other. In the research process, economic and statistical methods for processing analytical data, graphical and tabular methods for visualizing research results used, as well as methods for complex, system, comparative and structural-functional analysis and traditional general scientific methods: analysis, synthesis, induction, deduction, comparisons, generalizations, analogies, etc.Results: the author has performed an analysis of the structure and dynamics of tax revenues to the budget system of the Russian Federation and the results of the consideration of tax legislation application in terms of meeting the claims of various parties and the amounts recovered from lawsuits of tax authorities and taxpayers. The features of the regulatory framework to protect the interests of the state and business in the field of tax relations have considered. The key threats and opportunities for development at different levels of the functioning of tax relations have identified and specific measures aimed at improving the mechanism of tax relations between the state and business have proposed.Conclusions and Relevance: analysis of judicial practice shows an increase in the fiscal focus of the results of the consideration by the Arbitration courts of the cases related to tax legislation. The formation of a set of specific organizational and legal measures in the field of taxation aimed at improving business protection is necessary for protection of the state interests and the safe development of the national economy. They are the organization of effective interaction of business with regulatory authorities; reduction of taxation of investments in fixed assets; development of mechanisms for protecting the rights of investors.

Інформаційна безпека України: загрози, зумовлені цивілізаційним вибором європейських цінностей

The aim of the paper is to present the General state of information security in Ukraine and the attempt to understand the further possibilities of its development in conditions of European integration processes. Methodological basis of research are General scientific methods of research of information processes in modern society, which is based on the principles of system and structurally functional analysis using modeling methods that identify the state of information of the stability of society and the state. Information security for many countries in modern conditions, especially in integration processes and relations between them, due to several objective factors. A constant source of information threats is rooted in the unsettled international relations, international competition and the clash of national interests in militancy Nations, the differences of the vital goals and interests of the state. It is proved that the protection of state interests in the information sphere on the way to the European community provides for the implementation of a number of humanitarian, economic and military-technical nature, especially in the face of opposition to the European vector from extremely unfriendly to this process States. For a successful European integration process, it is necessary not only to adopt a more effective model of public policy, but also to put into practice social and cultural life is fundamentally new, integrated approaches to information security of individuals, society and the state, which, in turn, will contribute to the creation of a reliable soil information for the implementation of the European vector of Ukraine’s development. One of the important tasks of society and state is to develop and implement strategies for cultural development, the essence of which is to minimize destructive impacts on the society of the multidimensional communication space and create the conditions for the implementation of national and regional programmes to protect from humanitarian disasters.

Heresy in the High Court? Federalism as a Constraint on Commonwealth Power

Williams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon federal readings of the Constitution. This methodology raises fresh questions about how the Constitution is to be interpreted, and whether Williams marks a break from orthodox understandings of that task. This article assesses the significance of Williams for constitutional interpretation in Australia, and whether it lays the foundation for a more robust protection of state interests by the High Court.

Diretrizes para um Conceito de Serviço Público: necessidade brasileira ou enclausuramento de uma concepção?

This study has the objective to analyze the changes at the classic conception of the concept of public service role change in the legal relationship between the state and individuals. We intend to collaborate with the critical reflection of the need to establish in Brazil instruments more further improvement in the protection of state interests , but also the collective and social interest, with new scope of the concept of public service.

Weathering the Storm: Nonprofit Organization Survival Strategies in a Hostile Climate

This study examines strategies for organizational survival among community-based nonprofit organizations operating in a political environment antithetical to their missions. Qualitative fieldwork is drawn upon to examine how syringe exchange programs in New York City manage to operate despite government hostility and the disenfranchisement of drug users from policy making. This work examines the presentation of forms chosen by the groups in question, their political machinations and interorganizational relations, and the manner of claims made or not made by representatives of exchange programs in the political arena. Programs are found to have altered their outward appearance and forms away from the needs of their constituents toward protection of state interests, but they have not received very much in return.

REDEFINING CONSTITUTIONAL BOUNDARIES: FEDERALISM IN THE REHNQUIST COURT

On the fundamental distribution of power between states and nation, the record of the Rehnquist Court is mixed. While it has supported state prerogatives in selected areas such as criminal justice, the Court is much less sympathetic in threshold questions of federalism. Using the Commerce Clause, especially in its dormant or negative form, the Court continues to promote federal preemptive efforts. The strength of the ruling in Garcia intensifies almost by default as the Court fails to inquire systematically into the foundational principles of contemporary federalism. The protection of state interests remains in the national political process, not in the judiciary.