Regulation Of Social Relations Research Articles

Адміністративно-правові засади діяльності спортивних федерацій в Україні: аналіз поточних проблем (Administrative and Legal Principles of Activity of Sports Federations in Ukraine: Analysis of Current Problems)

Ukrainian Abstract: Відмічені відмінності у розумінні спортивних федерацій в Україні та за кордоном. Рекомендовано для спортивних федерацій з числа унікальних, визнаних тільки в Україні, видів фізичної культури і спорту отримувати міжнародне визнання перед надаванням їм статусу національних. Надані пропозиції усунення неприпустимого дублювання спор-тивних федерацій та дотримання усіма спортивними федераціями завдання розвитку спорту в якості головних статутних вимог, а також відновлення загального принципу існування та організації спорту – вільного доступу до того, що визначено за його предмет. Рекомендовано розглядати умови набуття спортивною федерацією певного (наприклад, національного, Всеукраїнського) статусу як елемент її державної акредитації. English Abstract: It is shown that the mechanism of administrative-legal regulation of activity of sports federations in Ukraine is determined by the state’s sports policy, by the role of local self-government in this process, as well as by public associations and organizations of sports and sports orientation. The purpose of the article is to deepen understanding of the peculiarities of the legal principles of the specified regulation of social relations in this area and the development of proposals for improving its efficiency. It is determined that the basic principle in the field of physical culture and sports in the state is the Law of Ukraine «On Physical Culture and Sports» of 1993, which defines the general legal, organizational, social and economic foundations of activity in the field of physical culture and sports and regulates social relations in creating conditions for the development of physical culture and sports. Among the subjects of physical culture and sports, sport federations occupy a special place. The differences in the understanding of sports federations in Ukraine and abroad, where foreign sports federations, a system of sports clubs, and the activities of foreign sports federations is really aimed at obtaining sporting results and meeting the sports needs of its members. It is recommended in Ukraine to focus on the third type of organization and activities of sports federations of France, the priority of which is the equation for all sports and multidisciplinary activities among different categories of the population. It is recommended for sports federations among the unique, recognized only in Ukraine, types of physical culture and sports to receive international recognition before granting them the status of national ones. Author provides suggestions to eliminate unacceptable duplication of sports federations and the observance by all sports federations of the task of developing sports as the main statutory requirements, as well as the restoration of the general principle of the existence and organization of sport – free access to what is defined for its subject. It is recommended to consider the conditions for the sports federation to acquire a certain (for example, national, all-Ukrainian) status as an element of its state accreditation. It is concluded that the results only confirm the urgent need for a further revision of some of the fundamental principles of the sports federations’ activity and to improve the current legal framework, which will contribute to the unequivocal improvement of the sphere of physical culture and sports in Ukraine.

Liability of Carrier in International Carriage for Damage Sustained in Case of Destruction or Loss or Damage to Baggage

Liability of Carrier in International Carriage for Damage Sustained in Case of Destruction or Loss or Damage to Baggage

Природа индивидуального регулирования общественных отношений: теоретические и практические проблемы

Природа индивидуального регулирования общественных отношений: теоретические и практические проблемы

LEGAL REGULATION OF PACIFIC FRANC ENISSION AND CIRCULATION

The essential condition for the development of financial law science is to address to foreign experience in legal regulation of social relations. The comparative legal researches can enrich the doctrine and contribute to the improvement of practice of implementation of financial legislation. This fully applies to the sphere of financial-legal regulation of social relations in the area of monetary circulation. Traditionally it is assumed that a single currency shall apply in the framework of the state. Meanwhile, several foreign countries have widespread practice of issue and circulation of regional and local currencies authorized by the government. That is why it is quiet crucial to understand the peculiarities of legal regulation of issuing CFP franc as a regional currency that is in circulation in French territories in the Pacific ocean. This article is devoted to the study of the order of issuing and circulating of CFP franc. The work discusses the specifications of the administrative-territorial division of the French Republic and its influence on the monetary circulation in the state. Also, the authors are exploring the genesis of the issuing institutions of France and their competence. So, in addition to the Bank of France, the institution of the overseas departments and issuing institution of the overseas territories have the right to carry out issuing of currencies. The main purpose of these bodies is to ensure the stable monetary circulation in the French overseas territories. The article concludes that the CFP franc is a means of providing additional liquidity for the growth of separate administrative-territorial entities. As a priority aim of introducing a parallel currency, the French government has considered the protection of the local population from the fluctuations of the national currency. The CFP franc is in circulation in a limited area and it is not recognized as a legal tender in Metropolitan France.

Terceirização Trabalhista E A Construção Civil

A terceirização trabalhista tem sido um elemento bastante discutido entre doutrinadores e atores sociais envolvidos na regulação das relações sociais. O fenômeno aportou no Brasil de forma mais consistente na segunda metade do século XX e é uma realidade no sistema produtivo do país. Em razão da inexistência de uma legislação específica disciplinando a matéria, a maior dificuldade nos dias atuais é estabelecer os limites da licitude da terceirização. A lacuna normativa cria uma série de conflitos entre empresas, agentes fiscalizadores e o Poder Judiciário. Este trabalho busca avaliar o conceito de atividade intermediária e final na construção civil e as eficazes delimitações a serem observadas cautelarmente pelos aplicadores do direito. Utiliza-se do método dedutivo para concluir que o foco resolutivo não deve se ater às definições de quais atividades integram a cadeia da indústria, por serem voláteis e determinadas pela dinâmica produtiva, e sim na inspeção das condições econômicas dos prestadores de serviço.

ЗАСТОСУВАННЯ ПРИНЦИПУ ВЕРХОВЕНСТВА ПРАВА В СУДОВІЙ ПРАКТИЦІ

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

Нормы обычного права в предметном поле этнологических экспертиз

The article raises the question of the inclusion customary law in the subject field of ethnological examinations as a separate section devoted to functioning in the environment of the studied ethnic groups. The relevance of the development is the manifestation of this phenomenon as a sustained stabilization factor (regulator) of ethno-social situation in a number of subjects of the Russian Federation. In addition, there is an ambivalent attitude to this phenomenon by regional authorities. Based on the experience of the ethnological expertise formalization of primary data obtained during field work is proposed on the five key features, defining the place of customary law in current legal systems. The author focuses on the need for analysis of the interaction of two ethno-social processes: the conservation (formation) of social institutions which function is the regulation of social relations based on customary law and development of a wide range of forms of ethnic entrepreneurship. It is proved that the change in the subject area should be based on correction of research procedures and a list of key indicators in the model regulations for ethnological assessments.

THE MECHANISM OF LEGAL REGULATION IN FOREIGN LEGAL FAMILIES

The article outlines the features of the mechanism of legal regulation in foreign legal families. The main sources of law are considered as the most important elements of this mechanism. Reveals the specific forms of interaction and complementarity of such sources of law as legislation, judicial precedent, legal doctrine in the sphere of legal regulation of social relations

The Impact Of Social Partnership On The Environment

The multidimensional social problems that everyone seeks to remedy them are very complex and no actor can confront them on their own. So the different parties have to work together by creating relations of partnerships.The State has long been the main actor in the control and regulation of social relations. However, in recent years there has been a rapid decline in their role given the enormous charge and lack of resources. Hence the need for the intervention of other parties.Some review of literature explores the conceptualization of social partnership in order to meet the needs of the organization or solve organizational problems. More and more large companies and multinationals get started on a voluntary approach to social responsibility and have begun to move closer to certain social enterprises by concluding partnership agreements.The purpose of this study was to study the social transformation that follows the creation of a relation of a social partnership between a social enterprise and a company that has involved a strategy of social responsibility. Then, we will present the environment to finally study the impact of social partnership on the environment; on economic, cultural and political dimensions.

Е. В. Васьковский и современная цивилистическая методология

In the present paper a contribution of Russian scholar E. V. Vaskovsky to the development of the doctrine of legal science methodology is considered. It is demonstrated, how a theoretical and dogmatic approach to jurisprudence was supplemented over time by economic approach, focused on assessment of efficiency of legal norm. This combination or «aggregation» of scientific methods of law and economics has led to a new understanding of normativity in the regulation of social relations. The author concludes that the teachings of E. V. Vaskovsky on the juridical method, as well as his contribution to the issue of interpretation of the rules of law and filing the gaps in law — are still actual today and furthermore have become ever more topical.

The Institute of Biys in the Imperial Russia and Early Soviet Period: From Reforms to Abolishment

Background/Objectives: The article presents the history of the court of biys in the Soviet period. Methods/Statistical Analysis: The authors note that after political and legal reforms of the Russian Empire in the 19th century, the court of biys was not subject to deep transformation. It continued to be a means of regulation of social relations in the Kazakh society. Also, various legal practices - adat, Sharia law, Russian law, gradual incorporation of local cultural and legal space into the Imperial. However, the state of the court of biys began to change with the Bolsheviks’ rise to power. Findings: In the beginning populist slogans of the Soviet regime about universal equality and equal rights of all the nations formerly being the part of the Russian Empire, weakness and lack of knowledge about government of nomadic peoples made the Bolsheviks to tolerate legal customary practices of local nations. In those years courts of biys continued to exist as Aqsaqal (arbitral) courts and councils. However, with the establishment of the power, the Bolsheviks headed for complete abolishment of all the traditional institutes of the Kazakh society. The government adopted several documents aimed at first at weakening and then at abolishment of legal customary culture of the nation. The measures of the Soviet government revealed persistence of the experience and knowledge in the national conscience. Applications/Improvements: Thus, during the first decade of Soviet period the government went from support of traditional Kazakh court over to gradual abolishment and interdiction of their activity in the territory of Kazakhstan.

The penal aspect of the essence of the legal institute

Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law.Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws.However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions.Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

Локальное нормативное правовое регулирование: состояние и перспективы

The article provides an overview of the development of the idea of local normative legal regulation in the Imperial Russia, during the Soviet and post-Soviet periods. The author upholds the idea that the local normative legal regulation is the form (way, means, method) of the decentralized legal regulation of social relations and at the same time it is a kind of a legal channel for familiarization with democracy. The author notes that the local normative legal regulation in the sphere of public law and private law has its own characteristics. In the area of private law corporate legal regulation is being developed. The author draws attention to the necessity of distinguishing between the local normative legal regulation and normative legal regulation carried out at the level of local government within the framework of the municipal law. The author draws the conclusion that the local normative legal regulation has vast perspectives, if one follows the social partnership doctrine, which means the acknowledgement of various social interests of any social groups and granting them with the legal right and actual possibility to participate in relevant social-legal processes, in the formation of public opinion and adoption of legal solutions at various levels, including at the level of enterprises and organizations, corporations.

Historical and Legal Aspects of Implementation of Legal Incentives as the Major Regulator of Social Relations

The article reflects the main historical and legal aspects of the development of legal incentives, as a regulator of social relations. The author notes that social management is carried out by means of incentives and constraints expressed in the legal and moral norms. The current stage of development of society characterized by the need for States to actively socially useful behavior of participants in public relations in all spheres of life. Ideas legal incentives in the Russian theory of law related to the peculiarities of national awareness and entrenched legal and legal traditions, which are based both on the domestic and the global experience of the application of legal incentives. Analyzing the historical experience, the author notes that each stage of the development of society and the state has its own system of legal incentives, due to material and socio-cultural conditions of life and concludes that the decisive criterion in this respect is the attitude of the state to the individual, recognition of its individuality, independence of its rights. In principle, a change of power as a rule change and the system stimulants, which used this power in the arsenal of legal interventions. Analyzing the political and legal views of ancient philosophers, European thinkers XVIII - XX centuries, the author concludes that the institution of legal stimulation has evolved from simple forms to more complex ones. Studying the experience of implementation of the legal incentives accumulated throughout different periods of development of the statehood is one of the major stages in studying of the essence and accurate understanding of this many-sided phenomenon.

Правообразование как форпост правотворчества в регулировании общественных отношений

The article examines the problems of identifying the needs of the society in the legal regulation of social relations. The influence of the initial stage of law-making for the entire law-making process as a whole is analized. The practical importance of the initial stage of the formation of law is examined

Judicial Lawmaking: Questions of Theory and Practice

Review. The problem of formation and development of judicial rulemaking in Russia remains relevant for both legal science and judicial practice. The analysis of different opinions on this issue with due account for the jurisprudence of the higher courts allowed the author to define judicial rulemaking, understand the essence and the role of judicial rulemaking of the highest judicial bodies in the legal regulation of social relations. Evolutionary development of the legal system has allowed defining a normative function of the judiciary and the related problems of its legal recognition in Russia. In the literature there is no single point of view with regard to judicial practice as a source of Russian law and a normative function of the higher judicial bodies, and, therefore, the problem of its recognition in the legal system remains unsolved. Two main approaches to the problem of applying judicial practice as a source of law and the judicial rulemaking have developed. Under the first approach judicial rulemaking and judicial practice are acknowledged as a source of law. Under the second approach judicial practice is not considered to be the source of law because judicial bodies do not have rulemaking functions, and their main task is to apply the law, not to make it. In fact, both the Constitutional Court of the RF and the Supreme Court of the RF serve the rulemaking function, although this function is not enshrined in law, and this activity in no way violates rights and freedoms of citizens, but rather protects their infringed rights, freedoms and legitimate interests in cases of loopholes and fouls in a regulatory enactment (a norm), or if a regulatory enactment contradicts the Constitution of the RF. Judicial rulemaking is a non-core activity of the highest judicial body, it is not permanent as compared with legislative lawmaking and it takes place when the court in its operation faces with a gap or foul in law or legislature or with the rule of a legislative enactment that needs interpreting. Then, to resolve the dispute the Court establishes a judicial rule that becomes a supplementary regulator of social relations as soon as it resolves the dispute. In such cases the mechanism of judicial rulemaking starts its operation as a necessary and integral part of the legal system. Judicial rulemaking is the process of developing general rules of legal regulation and their interpreting by the highest judicial bodies in the process of their performance (in accordance with a certain type of court procedure) and their further consolidation in a judicial act.

ON THE ISSUE OF THE DIRECT INFLUENCE OF MORALITY ON LEGISLATION IN UKRAINE

The issue of raising the efficiency of legislative regulation, its improvement and detection of factors influencing it, has always been relevant and is actively studied by scientists today. In this article the issue of methodology of influence of moral on legislation of Ukraine was studied. The forms of such influence were pointed out and also its preconditions and methods. In particular the direct form of moral influence on legislation has been found to be carried out in these ways: 1) the legislator sanctions moral norms by stating in a legal act the possibilities of direct application of these norms (it is directly stated in legislation that some relations are regulated by moral norms); 2) The regulation of social relations with moral norms through norms of objective law (moral categories are included in the legislative norm). In the context of the study the legislation of Ukraine is thoroughly analysed with the goal of finding the ways and preconditions of the indirect influence of moral on legislation. Special attentions is paid to examples and practical uses of results obtain while studying results.

Economic and legal regulation of social relations in Ukraine

Economic and legal regulation of social relations in Ukraine

Влияние традиции на право современного Китая

The article discusses some features of the modern legal system in China , formed under the direct influence of Chinese traditional concepts about the role of the Right and the Law in the society. The attention is focused on moral teachings of Confucius and the views of legalists, that had had a decisive influence on legal culture and legal consciousness of a Chinese citizen. Explores the attitude of Chinee to liability and punishment, the death penalty, specificity of the legal regulation of social relations in the Chinese state. Provides examples from the law enforcement practices and legislative activity, confirming the close relationship between the modern and the traditional law in China. The special place in researching is occupied by issues of crackdown legal liability against violators of legal regulations. Analyzes the most resonance criminal cases in relation of those people, who sentenced to death , have committed crimes in the field of illicit drug trafficking , driving while intoxicated, resulted the death of two or more persons, verdicts to the supreme penalty of persons involved in the addition of melanin in infant formulas. The influence of tradition, customs and moral principles on modern legislative activities of Chinese legislator is confirmed by other examples through the prism of the modern and the traditional law in China. The author calls for to pay more attention to tradition while analyzing the current legislation of China. The modern law of China is closely connected with traditional Chinese concepts about place and role of the Law in society.

Global world: a problem of governance

Purpose – The purpose of this paper is to include the following items: to show the absolute necessity of managing the international community, to explore the fundamental possibility of managing the global world, to prove or disprove such a possibility, to determine the real background of global governance in modern conditions and to show the methods of transition toward global governance. Design/methodology/approach – The main methodological principles used in writing the paper are: the principle of the integrity of the world; the understanding of globalization as an objective historical process; the principle of historical sequence of the considered event; the principle of priority of the general over the particular, as well as of the global over the regional and the local. Findings – As a result of the proposed research, it is shown that the global world needs to be managed. Prerequisites for the management of the global world are identified, among which the most important are morality and rights. It is shown that for management of the global world there should not only be global government, but also other branches of government, such as a World Parliament and a judicial system based on global law. Research limitations/implications – A clear distinction between the management and regulation of social relations is made. The need to further explore the concepts of international law and global right is stated. Practical implications – National sovereignty increasingly must give place to global governance structures. Social implications – The need to build a global civil society is evident. Originality/value – The absolute necessity and possibility of regulating the world community are shown. New approaches to solving this problem are proposed. They are based on existing assumptions in the field of executive and legislative power and also involve the creation of new structures, primarily in the area of the judiciary.