Sphere Of Relations Research Articles

ЗЕМЕЛЬНІ ПРАВОПОРУШЕННЯ: РОЗМЕЖУВАННЯ КРИМІНАЛЬНОЇ, АДМІНІСТРАТИВНОЇ І ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.

Russia, China, and North Korea Strategic Defense Partnership

Due to the aggravation of the global geopolitical confrontation, the relations in the sphere of security issues within the framework of the Russia - China - North Korea triangle get particular importance. The purpose of the study is to analyze the current state and prospects of the strategic defense partnership between Russia, China, and North Korea. The authors used the following methods: a system approach, a method of situational analysis, a comparative method, a method of analyzing the current situation, as well as a method of scenario forecasting. The authors analyzed the relations between Russia and China in the military sphere, Russian-North Korean relations in the security sphere, as well as the role of China and North Korea in ensuring stability in the region. It is concluded that in the current conditions of rising tensions in the AsiaPacific region, primarily on the island of Taiwan and the Korean peninsula, these countries will converge, first, against the triangle USA - Japan - South Korea, often called “Asian NATO”. To conclude, the relations between Russia, China and North Korea will not take the form of a fullfledged military alliance. It is expected that the efforts of military-technical cooperation and the possibility of mutual support in the event of a security threat to one of the countries will be deepened.

Управленческие правоотношения в структуре механизма административно-правового регулирования в сфере высшего образования

Introduction. In conditions of reforming higher school, developing public relations and extending the market of educating services, the relevant governing relations acquire more complex nature, which requires the comprehensive analysis of the activity of both the bodies of executive power and education institutions in their cooperation. Theoretical analysis. The broad diversity of the theoretical approaches to the understanding of the governing relations in the sphere of higher education and legal relations at universities, and specific features of cooperation between the participants of such relations enables the author to make a number of analogies with service relations. Empirical analysis. The author revealed that the disciplinary legal relations of positive type in the sphere of higher education determine the enhancement of efficiency of the public administration in the sphere of higher education. Results. The multiplicity of administrative legal relations in the sphere of higher education causes the terminological ambiguity in certain issues of the realization of the education programs of higher education. The content of these programs are currently not determined legislatively as providing state services. The existing approach to the legal regulation of control and supervisory relations in the relevant sphere has to be reviewed.

On some theoretical aspects of the activities of local self-government bodies in ensuring the safety of the population

The article examines the theoretical aspects of the activities of local self-government bodies, which characterize the features and conditions for the practical implementation of forms, functions, methods, and other means and methods by which the processes of ensuring the safety of the population are managed. Priority tasks and measures to ensure security related to the activities of local executive bodies were analyzed.
 It was noted that the performance of functions related to ensuring the safety of the population by local executive bodies is influenced by the forms of their activity, which are fixed in normative legal acts. This is due to the diverse content of the executive branch's activities. The forms of activity of the executive power bodies, according to their purpose, have an organizational, authoritative, official legal consolidation in the relevant normative legal acts, which establish the competence of a specific executive power body. The national legislation of Ukraine, which regulates social relations in the sphere of public security by executive power bodies at the national and local levels, is analyzed.
 The conclusions suggest a number of approaches aimed at improving the activities of local self-government bodies to ensure public safety. In particular, an important element of the activity of local executive bodies in the sphere of ensuring public safety is its normative legal regulation, the purpose of which should cover a wide «safe space» of relations to which the powers of executive bodies extend. In addition, linguistic and legal approaches in explaining the meaning of terms that characterize the activities of local executive bodies in the field of public safety have a positive effect on the practical implementation of measures aimed at ensuring public safety. It is noted that the administrative-jurisdictional activity of the executive authorities has a fairly broad entrenchment in the administrative legislation of Ukraine, but it remains «soviet» in content, which is an obstacle to legal influence on the regulation of relations in the security sphere, which by its political, social, economic, ideological content has a different content.

Нові виклики кадрового забезпечення геодезичних та землевпорядних робіт України

ine. Purpose of the article is to reveal the new challenges of staffing of geodetic and land management works and the main directions of its improvement. Results. The importance of the creation of effective staffing of topographic, geodetic and cartographic works in the conditions of decentralization of power and land reform has been substantiated. The comparative analysis for the training of certified surveying engineers and certified land management engineers have been considered in the article. The common and distinctive features in training and retraining of skills for self-execution of topographic, geodetic and cartographic works have been defined. The role of public organizations in the field of geodesy and land management has been analyzed. The process of liability insurance of the executor of geodetic and land management works to the customer have been studied. The principles of effective staffing of geodetic and land management works has been defined. It were found main directions of personnel potential improvement. A model of staffing of geodetic and land management works has been developed, which consists of the following stages: obtaining higher education, passing a qualifying exam, entering the State Register, membership in public organizations, liability insurance for the quality of work, advanced training. Conclusions. It has substantiated that one of the main tasks for today is to updating the requirements for staffing of geodetic and land management works, which will determine the key aspects of the further priority of modern land management production. Thus, staffing balances the interests of the public, entrepreneurship and ecological using of land resources, regulating land relations in sphere to the involvement of land in certain economic activities with the permission of public authorities and local governments. One of the key directions for the modernization of staffing of geodetic and land management works in Ukraine should be: updating of programs of professional training of engineers-surveyors and engineers-land managers to requirements and needs of production with application of innovative approaches to the decision of topographic-geodetic and cartographic problems that opens big opportunities for the Ukrainian experts; as well as improvement and strengthening of professional training and retraining, advanced training of employees in the field of topographic, geodetic and cartographic works; as well as conducting seminars, webinars, consultations and meetings to get acquainted and explain legal norms and technological advanced ideas in the field of land management and geodesy.

Defining “Information Resources” and Their Interpretation in the Domain of Ukrainian National Police

The article focuses on studying the definitions of “information technologies” and aims to elaborate on the proposal concerning its legislative consolidation. The analysis of actual regulations in Ukraine, which determine the public relations in the sphere of information, as well as the state of research on this problem by other scholars, have shown the following: (1) currently, there is no unambiguous interpretation of this definition at the legislative level, which creates the preconditions for ambiguous interpretation and practical application of this concept in the legal field; (2) for several reasons, there exists a noticeable lack of a unanimous approach to unifying the definitions of “information resources.” This study offers to rely on an approach according to which the definition of “information resources” is considered in the context of a particular area of social activities. Based on this approach, it is offered to amend the basic normative legal document that defines public relations in the information sphere in Ukraine, i.e., the Law of Ukraine “On Information,” as well as the main legal instrument that regulates information activities in the National Police of Ukraine, that is the Law of Ukraine “On the National Police.”

ПРО СУДОВУ ПРАКТИКУ У СПОРАХ, ЩО ВИНИКАЮТЬ У ДОЗВІЛЬНИХ ПРАВОВІДНОСИНАХ У СФЕРІ ГОСПОДАРЮВАННЯ

Ukrainian courts consider many cases related with using of norms of permissive legislation in a sphere of economic activity. The purpose of an article is to analyze a court’s rulemaking in cases on permissive relations in spheres of the town-building and the defense of an environment. The author presents and explores some legal positions of the Supreme Court. For example, there are such positions as: 1) absence of a legislation on a special permissive relations doesn’t give a right to do business without appropriate permits; 2) control organs have no power to obligate the economic subjects to receive permits in a situation as the Ukrainian Government hasn’t established a mechanism of giving permits; 3) violations of legislation during realization of rights based on permissive documents have to be confirmed in acts of authorized state organs/permissive organs drafted after the measures of the state supervision (control) in a sphere of economic activity. The author investigates court’s practice of the using of means of provision of obligations by subjects of permissive legal relations. There are court’s decisions on a suspension of enterprises/buildings which violate demands of economic and ecological legislation in a process of a realization of rights for economic operations in accordance with permissive documents. The court’s practice of using of a principle of acquiescence is analyzed in details. This analysis has concluded a declarative character of acquiescence. The author considers that in such cases court has to constitute conditions for a using of the acquiescence or its absence and to use this principle if there are enough conditions. The court’s decisions in cases about the economic operations realized without permits are investigated in the article. The analysis gives a reason to conclude that contemporary concept of a legal interest, which used by courts narrows possibilities for the defense of rights of citizens and organizations violated by breaches of an economic legislation of owners of permissive documents and nonlegal inaction of permissive organs. In addition, the author has proposed some changes for The Law of Ukrainian "On the permissive system in a sphere of economic activity".

Legal Basis of the Association in the Relations of the European Union with Third Countries as One of the Forms of Implementation of the EU’s External Relations in the Sphere of Environmental Protection

Relations with third countries are becoming more and more important for the EU, and the EU must ensure the protection of its interests in relation to developments which will have a substantial effect on it. The authors pay great attention to the association as a special partnership of EU Member States with a third country, which provides for deepened relations in political, economic, environmental and other spheres of cooperation. It is concluded that the legal nature of the Association Agreements between the EU and third countries is that they envisage deepened EU relations with third countries in different areas of cooperation and are distinguished by a significant specificity, which is manifested in the following features: the third country does not participate in the founding treaties of the EU, instead, association agreements provide for the establishment of a special institutional mechanism; the third country does not join the work of the EU institutions; instead, association agreements provide for the establishment of a special institutional mechanism; the creation of an association is based on an economic, political and legal basis. The authors carefully examine the features of associative agreements in the practice of the European Union’s external relations. The number and variety of relevant treaty norms testify to the formation of a special institute of ‘association’ in the practice of the European Union. association, European Union, integration, environmental protection, association agreement, EU external relations, ‘generation’ of association agreements.

Newest factors in economic development and labor law reform problems

Problem setting. The Cabinet of Ministers’ submission to the Verkhovna Rada of Ukraine of the draft Law “On Labor” caused significant changes not only in the mechanism of regulation of social and labor relations, but also in the subject and system of labor law. By this, the liberal model of the economy is extended to relations in the sphere of labor, and labor itself is unreasonably regarded as a procedure for engaging in work on the basis of individual employment contracts. However, some of the legal mechanisms proposed in the project contradict international labor standards. Target of research. Based on the doctrine of the system of relations in the social-legal sphere and generally accepted legal codifications, it is necessary to research the mechanism of updating the labor legislation proposed by the Cabinet of Ministers of Ukraine. Object of research. Public relations in the sphere of labor and mechanism of systematization of labor legislation. Analysis of recent researches and publications. Issues related to the reform of labor law, which has been going on for many years, have been researched by leading scholars in the field of labor law. Among them are: Amelicheva L.P., Burak V.Y., Zhigalkin P.I., Pylypenko P.D., Prylypko S.M., Simorot Z.K., Silchenko S.O., Simutina Ya. V., Khutoryan N.M., Chanisheva G.I., Yaroshenko O.M. and many other scientists. In their works the substantive moments of the development of labor legislation are analyzed, but they do not affect radical innovations in the legislative activity of the Cabinet of Ministers of Ukraine. Article’s main body. The Cabinet of Ministers’ submission to the Verkhovna Rada of Ukraine of the bill (draft Law) “On Labor” (registration No. 2708 of 28.12.2019) introduces radical changes in the mechanism of regulation of social and labor relations. They require scientific reflection and the formation of approaches to solve the complex problems facing the labor law community. The article analyzes the processes and problems in the reform of the labor legislation. On the basis of researches of scientists-economists, lawyers of different specialties the author’s vision of the situation is formed; the most important problems that need to be solved at this stage of development of the social and labor sphere are singled out. The main shortcomings of the draft Law of Ukraine “On Labor” are indicated and the ways of their solution are overcome. Conclusions and prospects for the development. To the common factors of economic development (globalization, European integration processes) that influence the formation of the legal mechanism of regulation of relations, formed in recent years in Ukraine, were added such realities as the spread of non-standard forms of employment, liberalization of economic processes. If new forms of employment are objective realities that require awareness and appropriate legal regulation, then the implementation of the liberal model in the economy as a whole and in the regulation of social and labor relations in particular is subjective. It can worsen the human rights situation in the social and labor sphere. The process of reforming labor law must be consistent with the systematic nature of legal regulation and professionalism in the preparation of regulations. The Government’s draft Labor Law cannot be recognized as being in accordance with the above requirements.

Determination Of Persons Related To The Bank As The Basis For The Use Of Coercive Measures Of Influence By The National Bank Of Ukraine


 
 
 
 In this article the author paid attention to state regulation of the banking system, in particular, to the determination the persons related to the bank by the National Bank of Ukraine.
 The banking system cannot function effectively in the absence of proper and balanced government regulation. Therefore, the state applies various instruments for regulating relations in the sphere of banking activities. One of such instruments is the authority of the National Bank of Ukraine to determine persons related to the bank.
 The decision to determine persons related to the bank may give rise to various consequences for such persons. In particular, a bail-in procedure can be applied on the basis of such decision. A bail-in is the procedure of exchanging funds of persons related to the bank for bank shares with their subsequent sale to the Ministry of Finance of Ukraine.
 The author has conducted a detailed research and analysis of legislation and doctrine related to the influence of the NBU on legal relations in the banking sphere.
 The author analysed the provisions of the Law of Ukraine “On Banks and Banking Activity”, the NBU Resolution “On Approval of the Regulation on the Application of Measures by the National Bank of Ukraine” No. 346 of August 17, 2012, and the Criminal Code of Ukraine. In addition, the author has analysed the case law.
 
 
 
 

The Concept, Essence and Modern Prospects of Environmental Crime Prevention in the Russian Federation

This research is highly relevant because environmental crimes (eco-crimes) greatly harm public relations in economic, political, social and cultural spheres of the lives of individuals, society and the state and cause colossal material damage to physical persons, juridical persons and the state. The goal of this article is to define the concept and essence, as well as to provide the criminological description of environmental crimes, which is essential for identifying contemporary prospects of its prevention. The authors describe the concept of this kind of crime in the broad and in the narrow sense. In the broad sense, environmental crime is understood as an aggregate of crimes where the object of infringement is any public relations in the sphere of protecting environmental order and ensuring environmental safety. In the narrow sense, environmental crime is understood as an aggregate of crimes committed during a certain period of time on a specific territory, manifested by a quantity and quality of homogeneous publicly dangerous, illegal, guilty and criminally punishable acts (actions and inactions), where the object of crime is public relations of protecting environmental order and ensuring environmental safety. The research singles out such attributes of environmental crime as public danger, social causation, sustainability, systemic character, structural properties; the authors examine its highly latent, organized, professional and trans-border varieties separately. They present measures to prevent environmental crimes aimed, among other things, at eliminating contradictions between environmental and criminal legislation; incorporating in law requirements to conduct environmental expertise of the planned business activities; developing a system of state and international standards of Russia in the sphere of environmental protection that reduce anthropogenic impact on the environment; developing and activating the court mechanisms of resolving contradictions between the interests of the population, businesses and the state in the sphere of environmental protection; strengthening the system of prosecutor’s supervision and implementation of prosecutor’s intervention in the sphere of environmental protection, etc.

ВЗАЄМОВІДНОСИНИ ЄС, АЗІЇ, США ТА УКРАЇНИ У БАНКІВСЬКІЙ СФЕРІ: ПРОБЛЕМИ РОЗВИТКУ ТА УНІФІКАЦІЇ ЗАКОНОДАВЧОЇ ТЕРМІНОЛОГІЇ

Стаття присвячена питання взаємовідносин ЄС, Азії, США та України у банківській сфері. Аналізуються особливості банківських відносин у контексті впливу європейських референдумів на банківські відносини. Особлива увага приділяється деяким термінологічним проблемам вітчизняного законодавства.

Sphere of culture as object of study economic science

This article is devoted to analysis of the history and development of the relatively new field of economic research — cultural economy in general and particularly the art market. Special attention is paid to disclosure of the functioning market relations in the sphere of culture and first of all to the specifics of the art works as commodities, the nature of their use-value and price. The authors show that the products of cultural sphere have special social importance, as well as special social function, and therefore there is a contradiction between economic and social nature of cultural goods. The resolution of this contradiction is one of the issues of the governmental policy in the cultural field with a view to the process of commodification, which increases as well as the penetration of commodity relations in the cultural sphere, but could not reach the absolute level. Refs 40.

Development of the Financial Relations in the Cultural Sphere

The article explores financial relations in the sphere of culture. Analyzing international and domestic practice and the possible ways of its improvement, the author offers the ways of enhancing the business results of the activity of cultural institutions.

New partners of New Zealand. Review of the monograph: New Zealand and states of East Asia: relations in sphere of politics, economy and culture / I. V. Oleynikov, N. N. Puzynya, A. A. Suchkova; ed. by V. P. Oltarzhevskiy. Irkutsk: Irkutsk State University Publishing House, 2014. 167 p

New partners of New Zealand. Review of the monograph: New Zealand and states of East Asia: relations in sphere of politics, economy and culture / I. V. Oleynikov, N. N. Puzynya, A. A. Suchkova; ed. by V. P. Oltarzhevskiy. Irkutsk: Irkutsk State University Publishing House, 2014. 167 p

Russian-Volga Bulgarian Mutual Relations in the Sphere of Spiritual Culture

The significance of the problem under study is caused by the fact that spiritual culture of Volga Bulgaria and Kievan Russia despite significant differences conditioned by special characteristics of the ethnic group, religion, policy and economy had much in common, which was due to similar environmental and social-economic conditions of development; direct mutual influence, increased trade relations and style of the epoch, etc. Cultures of Ancient Russia (Ancient Rus’) and Volga Bulgaria are in the first instance cultures of Middle Ages. Despite significant differences in cultures of peoples of that epoch, existing on big territories neutralizing forces made culture of one feudalistic country similar to another one’s. It was caused by similar development conditions, direct mutual influence, broad trading links and style of the epoch. The present paper aims at finding and analyzing facts of interaction between spiritual cultures of Russia and Volga Bulgaria. In this paper we will turn our attention to certain elements of this big, many-sided, multi aspect issue – spiritual bonds. The leading method of the present research is comparative-historical analysis, whose basis for our study is pursuance of massiveness, representativeness of the used content; and of its specificity in terms of time, space and ethnicity. The main results of the study are finding facts of Russian-Volga Bulgarian mutual relations in the metric system, architectural mathematics, geographical knowledge, oral folk arts, in religious sphere, and etc., as well as finding origins, conditions, and tools of mutual relations in different spheres of spiritual culture.

内田司著『現代社会と感情コミュニケーション―日常生活におけるミクロな人間関係 分析の社会学―』(アーバンプロ出版センター，302頁，2011年４月)

内田司著『現代社会と感情コミュニケーション―日常生活におけるミクロな人間関係 分析の社会学―』(アーバンプロ出版センター，302頁，2011年４月)

FIRM WASTE OF ECONOMIC ACTIVITIES OF MUNICIPAL UNIONS IN THE MECHANISM OF RATIONAL WILDLIFE MANAGEMENT

Article is devoted research of concept, characteristics and factors of formation of a firm waste of economic activities of municipal unions in environment of the urbanized territories. Aspects of formation of effectively functioning control system by sphere of the reference of a firm waste of economic activities of municipal unions and ambiguity of interpretation of categories used in given activity are considered. The algorithm of perfection of an existing control system by sphere of reference TOXDMO in region, developments of ecological business in sphere of reference TOXDMO by means of development of market relations in sphere of reference TOXDMO, namely creations in regions of electronic stock exchanges TOXDMO, the is innovative-technological centers and integrated business - structures in sphere of reference TOXDMO is offered.