Belkin, M., Belkin, L., & Iurynets, Yu. (2024). Ensuring judicial control over the exercise of discretionary authorities by government subjects. Actual Issues of Modern Science. European Scientific e-Journal, 28, 120-133. Ostrava: Tuculart Edition & European Institute for Innovation Development. (In Ukrainian)

DOI: 10.47451/jur2024-02-01 ------- Author's Certificate

Abstract:

In the general case, discretionary powers mean the ability of a representative of the authorities to choose a decision option according to his own considerations, without being limited to a clearly defined decision option for a specific situation, that is, to act within certain limits at his own discretion. At the same time, this opportunity is a source of arbitrariness and corruption. Such apologists of the rule of law principle as A.V. Dicey and F.A. Hayek equate discretionary power with arbitrariness. Therefore, the problem of control over the exercise of discretionary powers by subjects of power is relevant. The object of research is discretionary power. The purpose of the study is to find out the rights and possibilities of courts in controlling the exercise of discretionary powers by subjects of power. Research tasks – summarizing the legal positions of courts in controlling the exercise of discretionary powers by government entities. The methodological basis of the article is, first of all, the documentary method, which is based on the study of regulatory legal acts and documents of court cases. The formal legal method became a tool for working out the legal positions of the Supreme Court, which reflect the peculiarities of the protection of individuals against the arbitrary actions of subjects of power in the conditions of legal regulation in Ukraine. The study is based on the works of S.B. Havrysha, O.V. Zaychuka, S. Rose-Ackerman, M.O. Baimuratova, L.M. Belkin and others. The results of the study are a generalization of the legal positions of the Ukrainian Supreme Court regarding judicial control over the exercise of discretionary powers by the subjects of government.

Keywords:

subjects of power, discretionary powers, rule of law, arbitrariness, legal positions of courts, judicial control, суб’єкти владних повноважень, дискреційні повноваження, верховенство права, свавілля, правові позиції судів, судовий контроль.

Article's Index

Havrilenko, N. V. (2024). Comparative legal analysis of the status of human rights promotion and protection bodies (foreign experience). Actual Issues of Modern Science. European Scientific e-Journal, 28, 106-119. Ostrava: Tuculart Edition & European Institute for Innovation Development. (In Ukrainian)

DOI: 10.47451/jur2024-01-01 ------- Author's Certificate

Abstract:

For the science of constitutional law, the problem of institutionalization of relations between the state and man in the context of the development of democracy and the strengthening of the constitutional system of protection of the rights and freedoms of man and citizen is always relevant and does not cause any doubt. In legal science, you can find the opinion that this catalog, based on European values, was imposed by the West on all other countries of the world and is unsuitable for the entire population of the world. The study subject is the constitutional and legal norms of Ukraine and foreign countries, generally recognized principles and norms of international law, which regulate social relations that arise in the sphere of formation and activity of state bodies regarding the promotion of human rights and their protection in the modern world. The study object is social relations that have developed in the process of formation and activity of specialized state bodies for the promotion of human rights and their protection in Ukraine and foreign countries. The study purpose is to determine the possibility of using the positive experience of foreign state bodies in the promotion of human rights and their protection to improve the activities of the Institute of Human Rights Commissioners in Ukraine, just like to increase the effectiveness of the domestic system of human rights protection. Research methods are based on generally accepted principles of scientific knowledge of the phenomena of social reality. All these principles were embodied in the methodological cluster of our research, which consists of internally interconnected methods of scientific knowledge, such as: historical, logical, genetic, analogy, analysis and synthesis, idealization, deduction, historical-legal, formal-legal analysis, comparative legal and others.

Keywords:

constitutional law, law, human rights, protection of human rights, state, legal institutions, конституційне право, право, права людини, захист прав людини, держава, правові інститути.

Article's Index

Naumenko, M. V. (2023). Content of the right to protect victims of domestic violence. Actual Issues of Modern Science. European Scientific e-Journal, 26, 54-62. Ostrava: Tuculart Edition & European Institute for Innovation Development. (In Ukrainian)

DOI: 10.47451/jur2023-08-01 ------- Author's Certificate

Abstract:

Domestic violence as a negative, anti-social, socially dangerous phenomenon poses a considerable threat to the functioning of the family institution, the aggravation of family relations, and nullifies the constitutional provision under which a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value Despite the significant attention of the international community, the development of civil society, the functioning of the human rights institute, significant progress in civilization, even highly developed legal and democratic states fail to eliminate domestic violence. To guarantee and ensure the effectiveness and efficiency of the security of Ukrainian citizens, as well as to strengthen family values, there is a need to develop measures to combat domestic violence, including through the ratification of international norms regarding the outlined issue. The work is devoted to the study of the essence, content and features of the implementation of the right to protection from domestic violence. The current situation states that domestic violence is one of the biggest problems of the modern world, the level of which has increased in the conditions of the pandemic and war. The laws and regulations regarding the formation of the right to protection against domestic violence have been analyzed.

Keywords:

the right to protection from violence, domestic violence, measures to prevent and counter domestic violence, European experience in countering domestic violence; право на захист від насильства, домашнє насильство, заходи запобігання та протидії домашньому насильству.

Article's Index

Korostashova, I. N. (2022). “Rule of law” principle in the organisation and activity of law enforcement authorities of Ukraine. The Third Special Humanitarian Issue of Ukrainian Scientists. European Scientific e-Journal, 5(20), 17-29. European Scientific e-Journal. Ostrava: Tuculart Edition. (in Ukrainian)

DOI: 10.47451/jur2022-04-01 ------- Author's Certificate

Abstract:

The article is devoted to the issues of normative-legal regulation of the “rule of law” principle in the laws regulating the organisation and activity of law enforcement authorities of Ukraine and the problems of its implementation by officials of these enforcement authorities. The author of the article determines the levels of legal regulation of the “rule of law” principle, analyses its essence and content and composition of its substantive elements. The system of law enforcement authorities has been researched and three groups of such authorities have been highlighted. The first group includes law enforcement agencies, which are divided into two subgroups: of narrow specialisation – authorised to provide criminal law protection and broad specialisation – authorised to implement – criminal law protection and administrative protection. The second group includes law enforcement authorities to carry out administrative and legal protection (control and supervision). The third group includes human rights bodies and persons providing public services. The analysis of the meaning of the term “law enforcement agencies” used in the Constitution of Ukraine was realised. The analysis of the norms of national legislation regulating the organisation and activity of law enforcement agencies on the existence of standardisation of the “rule of law” principle, determination of its content and the existence of a mechanism for implementing the of “rule of law” principle in the activities of law enforcement officials. Certain shortcomings of legal regulation were revealed. Proposals for improving national legislation governing the organization and activities of law enforcement agencies have been formulated. Proposals are provided, the implementation of which will raise the level of knowledge and legal culture of law enforcement officers and facilitate their exercise of powers in accordance with the “rule of law” principle like improve of internal (departmental) and of external (extrajudicial) control (including judicial) over law enforcement authorities.

Keywords:

rule of law, law enforcement authorities, law enforcement agencies, criminal legal protection, administrative legal protection, mechanism of legal regulation; верховенство права, правоохоронні органи, органи правопорядку, кримінально-правовий захист, адміністративно-правова охорона, механізм правового регулювання.

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Gontar, N. N., & Galina, A. Y. (2022). Traceability as an element of the system of state control over the goods turnover. Actual Issues of Modern Science. European Scientific e-Journal, 4(19), 19-28. Ostrava: Tuculart Edition.

DOI: 10.47451/jur2022-01-02 ------- Author's Certificate 1 ------- Author's Certificate 2

Abstract:

The priority areas of the state’s activities include ensuring the national security of the Russian Federation and controlling the turnover of illegal products. National security, including food security, is conditioned by many factors. One of them is the possibility of traceability of the goods movement at all stages of their turnover and control over the safety of such goods. Documentary traceability is not transparent. There is no possibility to track the goods movement in real-time. Also, paper accompanying documents are easily forged, which allows you to enter the market of illegal (counterfeit and falsified) products. The purpose of the study is to analyze the features of the Concept of creating and functioning in the Russian Federation of a system of labelling goods using identification and traceability of the movement of goods. Analytical, logical, and historical methods were used to achieve the purpose and solve the research tasks. In the study course, materials of state and international documents were used: federal laws, resolutions and orders of the Government of the Russian Federation, the National Marking System “Honest MARK”. The authors conclude that the traceability development is extremely significant for the management of commodity flows, tax deductions, and product quality since despite the sufficiently debugged and digitized goods’ labelling system on the Russian Federation territory and its compatibility with labelling control systems in other countries, there are still some elements of the system that allow bypassing it.

Keywords:

traceability, turnover of goods, labeling of goods, consumer, federal law, decree of the Government of the Russian Federation.

Article's Index

Gontar, N. N., & Polustrueva, M. S. (2022). The role of the State Duma of the Russian Federation in Russia’s Fiscal Policy. Actual Issues of Modern Science. European Scientific e-Journal, 4(19), 13-18. Ostrava: Tuculart Edition.

DOI: 10.47451/jur2022-01-01 ------- Author's Certificate 1 ------- Author's Certificate 2

Abstract:

The level of state development and its citizens’ welfare largely depends on fiscal policy. It guarantees the main activities of the country: maintaining public order and security, free health care and education, providing social security to the population, reducing poverty, improving the quality of citizens life, creating conditions for economic development. The competence of the State Duma of the Russian Federation includes appointing and dismissing the Chairman of the Central Bank of the Russian Federation. In this case, the State Duma exercises its authority alone without any influence from other bodies. The study purpose is to determine the role of the State Duma of the Russian Federation in Russia’s fiscal policy. To achieve the study purpose, comparative, logical and historical methods, which contributed to the disclosure of the topic, were used. The study used materials of federal laws of the Russian Federation, the Budget Code of the Russian Federation, the official website of the State Duma of the Russian Federation and articles by experts in the research. The authors indicate the great importance of the State Duma of the Russian Federation in the fiscal policy of Russia since it is the representative body, which in its essence expresses the will and interests of citizens, should have such broad powers affecting the entire fiscal system of the country.

Keywords:

State Duma, Russian Federation, fiscal policy, Budget Code of the Russian Federation, Central Bank of the Russian Federation.

Article's Index

Gontar, N. N. (2021). The peculiarity of the problems of Russian administrative jurisdiction at the present stage of the legal system development. Management as a Science of Complex Development. European Scientific e-Journal, 6(12), 57-71. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

DOI: 10.47451/jur2021-05-001 ------- Author's Certificate

Abstract:

This article discusses the results of the study of the problems of administrative jurisdiction in the Russian legal field at the present stage of its development. The object of the study was the administrative jurisdiction of the Russian Federation. The purpose of the study was to determine the complex problems of administrative jurisdiction of the Russian Federation at the current stage of development of the legal system. To solve the tasks set and achieve the research goal, historical, comparative and logical methods of analyzing the material and the results of individual stages of the study were used. The study used materials from leading Russian experts in the field of administrative jurisdiction, such as V.A. Zyuzin, B.A. Strashun, O.V. Krivelskaya, A.S. Nazarova and others, as well as legislative documents, including the Constitution of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. As a result of the study, four main problems of the Russian administrative jurisdiction were identified and justified.

Keywords:

administrative jurisdiction, legal field, administrative law, administrative proceedings, Russian Federation.

Article's Index

Gontar, N. N., Sukhova, M. V. (2021). Features of the transformation of the budget of the Krasnodar Territory in the period of the pandemic for 2020. Management as a Science of Complex Development. European Scientific e-Journal, 6(12), 45-56. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

DOI: 10.47451/jur2021-04-002 ------- Author's Certificate ------- Author's Certificate

Abstract:

One of the most important tools for regulating social and economic development is the budget occupying a central place in the financial system of the state. With the help of budget funds, the levels of social and economic development of territories are levelled, financing of industries and spheres of the national economy is provided, budget funds are directed to the development of priority areas of economic development. The object of this study was the Krasnodar Krai budget for 2020. The study purpose was to analyze the features of the budget structure of the Krasnodar Krai during the pandemic in 2020. During the study, comparative, historical and analytical methods were applied, which helped to obtain the necessary analytical materials and evaluate them. Based on the study, it was concluded that the highest index in income during the pandemic was the tax on personal income and the lowest-the tax on mining. The Krasnodar Krai budget for 2020 received more revenue than planned. Consequently, there was a positive trend and a gradual increase in the revenue part of its budget.

Keywords:

Krasnodar Krai, budget transformation, COVID-19, budget management.

Article's Index

Gontar, N. N., & Vladimirova, D. A. (2021). Features of the budget management sustainability of the Republic of Tatarstan in the context of the COVID-19 pandemic. Management as a Science of Complex Development. European Scientific e-Journal, 6(12), 33-44. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

DOI: 10.47451/jur2021-04-001 ------- Author's Certificate ------- Author's Certificate

Abstract:

The study of the problems of management and development of regional budget policy within the state is one of the most important in management and law. The Republic of Tatarstan is considered a specific subject of the Russian Federation in the economic and territorial aspect. At the present stage of development of the Russian Federation, the Republic of Tatarstan has become one of the leading regional centres of investment in the field of science and business, where economic zones and industrial complexes are intensively developing. The object of this study was the budget of the Republic of Tatarstan and its statistical data for the comparison of 2019 and 2020. The purpose of the study was to identify trends in the budget of the Republic of Tatarstan during the COVID-19 pandemic related to budget management. The study concluded that Tatarstan, being a leader in the development of the socio-economic sphere, became one of the leaders in the Russian Federation in the development and implementation of its budget in the period 2015-2020, and also showed no obvious statistical signs of decline. Therefore, the experience of the budget policy of Tatarstan can be used to create algorithms for budget management in a crisis period.

Keywords:

Tatarstan, budget policy, budget management, COVID-19.

Article's Index

Ciuca, V. M. (2021). Pages of legal and moral ethnography in the work of the Bukovina Polymath founder Simeon Floria Marian, a Romanian souls’ columnist on the threshold of the Great Unification: his outstanding contribution to the ideal millennium fulfillment. The Law and its Interpretation. European Scientific e-Journal, 5(11), 7-36. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ. (in Romanian)

DOI: 10.47451/jur2021-03-002 ------- Author's Certificate -------

Abstract:

In this manner, synthesis and analysis thesis from the fragile explored field of legal ethnology, thesis “anchored in symbolic ports”, such as The Royal House of Romania (King as synecdoche of Justice), such as the royal city Iaşi (Romanian normative and judicial traditions), or the municipalities Alba Iulia (‘the bow and arow’ in a ‘centennial’ socio-legal ‘iconography’), Chişinău, Galaţi and Târgu Mureş. Missing from this painting is the supreme symbol of historical Bucovina, Suceava, the Citadel of Moldova, which, through it’s polyhistor, Simeon Florea Marian (in his capacity recognized as “the first esthetician of the fairy tale, of this species of popular epic”) contributed decisively to the resurgence of the moldavian and romanian legal-moral spirit. Today, in this voivodal framework of Suceava, I live the feeling of the closed circle, with meanings that go beyond the frontiers of simple thematic conferences. Sapiential and customary literature, popular, folkloric, oral, on Simeon Florea Marian, this venerable polyhistor of romanian culture has crystallized-forever in written and hermeneutic form marked by scientific precision, they are a fertile ground and worthy of being exploited noetically and for today’s young jurists, more dedicated to jusnaturalism, perennial legal values, principles and morality, than the positive generation of ultra-formalists, legal, bordered by uncomfortable expressions of norms endowed only with text, not meaning, in the most rigid and kelsenian way with possibility. Without being an exhaustive demonstration, but only an invitation, among others, to discover the sapiential-legal values and the jusnaturalist – moralizing, spiritual one, of the romanian popular creations, in the wider, european concert, the same thesis with apoftegmatic ‘dams’, sapientogene, the present paper could only play the role of palladium, as a catalyst for possible intellectual burns in the legal field.

Keywords:

Simeon Florea Marian, legal and moral ethnography, Bukovina Polymath; etnografie juridico-morală, bucovineanului polimat.

Article's Index

Abdrashev, R. M., Dyusebayev, T. T., & Akimbayeva, A. A. (2021). Legal status of an expert in criminal proceedings of the Republic of Kazakhstan. (in Russian) The Law and its Interpretation. European Scientific e-Journal, 5(11), 46-56. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

Abstract:

The article reveals the problematic issues of the appointment and production of forensic examinations in the criminal procedure legislation of the Republic of Kazakhstan. The authors of the article analyzed the norms of the criminal procedure law, as well as the current state of judicial and investigative practice on the appointment of expert examinations. In the process of analyzing the criminal procedure law, a comparison of the legal status of ‘expert and specialist’ in the legislation of Kazakhstan was also made. The analysis will allow the legislators of the post-Soviet countries to take into account the shortcomings described in the construction of the norms of the criminal procedure law. For example, an analysis of the norms of the criminal procedure law shows that today the expert is deprived of the opportunity to go beyond the list of questions. The foregoing leads to the fact that some aspects important for the investigation remain without consideration. This negatively affects the resolution of the tasks of the criminal procedure law.

Keywords:

expert, specialist, forensic examination, legal status, pre-trial proceedings, эксперт, специалист, судебная экспертиза, правовой статус, досудебное производство.

Article's Index

Gontar, N. N., & Klekachev, N. S. (2021). Strategy of social and economic development of the Republic Karelia for the period up to 2030. The Law and its Interpretation. European Scientific e-Journal, 5(11), 72-82. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

Abstract:

The relevance of the research lies in the fact that the Strategy of socio-economic development of the Republic of Karelia determines the priority directions, goals (strategic), key tasks, and general measures for the long-term development of the Republic of Karelia. The purpose of the study was a systematic and comprehensive analysis of the emergence and subsequent justification of the concepts and systems of legal structures that characterize the Strategy. The regulatory framework of the study was as follows: The Constitution of the Russian Federation, Decrees of the President of the Russian Federation, Resolutions and Orders of the Government of the Russian Federation, Orders of the Ministry of Economic Development of the Russian Federation, Laws of the Republic of Karelia, Orders of the Government of the Republic of Karelia. The conclusions of this study expand and deepen the knowledge in the field of coverage of problems related to the implementation of the Strategy. The materials of the article are intended for scientists, specialists and students studying issues and problems of the legal development of the regions of the Russian Federation.

Keywords:

Republic of Karelia, development strategy, development stages, legal structures, covid.

Article's Index

Gontar, N. N., & Kapitonov, A. M. (2021). Peculiarities of interpretation of liability for violation of budget legislation in the Russian Federation. The Law and its Interpretation. European Scientific e-Journal, 5(11), 57-71. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

Abstract:

Recently, the legal liability topic for budget legislation violation is one of the most relevant topics of financial and legal (budget and legal) science and law enforcement practice. The increased attention to the issues of responsibility in the field of finance is caused by the desire to strengthen control over the development of budgetary legal relations, make the budget activities of the state and municipalities as effective as possible, and ensure financial discipline in the state. The article analyzes the features of liability for violation of the budget legislation of the Russian Federation, budget enforcement measures, as well as administrative and criminal liability for violation of the budget legislation. The author concludes that the Russian Federation has a sufficiently developed system of responsibility for budget offences undergoing constant changes and improvements. However, several issues require extensive discussion to improve the effectiveness of budget legislation and its convergence with international counterparts. The materials of the article are intended for students and specialists in the field of law dealing with the problems of Russian legislation.

Keywords:

budget legislation violation, Russian Federation, fiscal enforcement measures, administrative liability, criminal liability.

Article's Index

Gontar, N .N. (2021). Features of budget planning in state and municipal administration in the Russian Federation The Law and its Interpretation. European Scientific e-Journal, 5(11), 37-45. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

DOI: 10.47451/jur2021-02-001 ------- Author's Certificate ------- Conference Certificate

Abstract:

The author of the article examines the issues of budget planning in state and municipal administration. Attention is paid to the analysis of the correlation of its features and problems in the current economic crisis. It is concluded that the analyzed problems of budget planning form a new dynamic space of municipal management, which is aimed at constant adaptation to the changing and expanding regulatory field of public administration. This does not lead to minimizing the features of municipal management but to their constant increase in both volume and quantity. In the course of the study, comparative and historical methods of analysis were used. The materials of the article are intended for Russian and foreign specialists in the field of research of state and municipal planning on the territory of the Russian Federation.

Keywords:

budget planning, state and municipal management, local budget, revenues of municipal budgets, features of budget planning.

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Baranets, S. N., Buychik, A., & Gontar, N. N. (2020). Relevance to define responsibility for decision-making in the documents of strategic development of the Russian Federation’s subjects. European Scientific e-Journal, 6(6), 1, 56-71. Hlučín-Bobrovníky: “Anisiia Tomanek” OSVČ.

DOI: 10.47451/jur2020-12-001 ------- Certificate 1 ------- Certificate 2 ------- Certificate 3

Abstract:

TThe article analyzes the theoretical foundations and problems of the formation of the corpus of strategic planning documents in terms of identifying eligible entities as carriers of responsibility for their preparation and execution. Using the example of the Strategy for Economic and Social Development of St Petersburg for the period up to 2035, an attempt is made to determine the scope and subjects of responsibility for making state-type management decisions suitable for implementation at the level of a specific subject within Russia. The authors propose approaches to solving the problems of correctly identifying the subjects of responsibility according to the goals of the strategy for further monitoring and identifying legal violations in the activities of authorities while discussing important political and legal issues of responsibility of public authorities to citizens and the business community.

Keywords:

responsibility, state and municipal structures, decision-making, development strategy, city.

Article's Index