The role of the Soviet scientist-activist V.I. Nizhechek in the development and establishment of social regulation concepts, and its importance in governing societal affairs, as well as functions and ...potential of law, and its relationship with morality as a social regulator are thoroughtly explored. V.I. Nizhechek posits that legal and social regulations share a common nature, are deeply interconnected, and exhibit numerous practical manifestations of unity. While aknowledging the independent nature of law, the scientist concludes that legal norms essentially form a component of social regulation in society. Notably, the author emphasizes moral regulation, and the interplay between legal norms and morality, while examining various social regulators such as corporate norms, ethincs, religion, and others. V.I. Nizhechek does not differential between morality ad ethics; however, he asserts that morality holds a dominant role in the system of social regulation, highlighting the so-called “proximity” of morality and law. Morever, the author draws relevant parallels that substantiate the systematic nature of social regulation. V.I. Nizhechek delves into the crucial question of the theory of law as a tool of legal regulation in historical and contemporary contexts. He considers the evolution of legal regulation in terms of broadening its scope and reinforcing its role in Soviet society, unlimately concluding that legal regulation has become more complex. The concept of the intimate connection between economic and legal methods of regulation is presented; the author asserts that there may be no contradiction between these methods of regulation since all economic methods are mediated by legal norms. The material is prefaced by the author's personal recollections of meetings and conversations with V.I. Nizhechek, as well as with scholars, colleagues, who were associated with him.
The topic of the research is renunciation of war as a means of international dispute settlement. As a permanent fulcrum of political philosophy and international law, war regulation applies two ...dynamically related focal approaches. They are either individually established or combined in various aspects. The first approach accepts war as a means of resolving disputes between sovereign states and creates rules for its humanization. The objective of the second approach is to determine international legal methods for war prevention. It is concluded that the current international law is neither based on, nor even aimed at a non-conflict foundation in international relations, but seeks its support in avoiding the wording "war".
Introduction. Digitization of society is a global process that includes legal aspects. In the context of the digital transformation of society, various social relations related to digital ...technologies arise. These relations concern digital things in respect of which absolute and relative civil rights arise. Their legal nature requires further clarification. Therefore, the study of social relations in the digital environment is relevant. Such relations should be accompanied by appropriate legal regulation. The purpose of the article is to reveal the peculiarities of civil law regulation of social relations in the digital environment. The following research methods were used. Formal and logical - in identifying types of legal relations in the digital environment. The system-structural method was applied to reveal the peculiarities of legal relations in the digital environment. The dialectical method was applied when comparing contracts in civil law and smart contracts. Summary of the main results of the study. Legal norms that regulate social relations in the digital environment began to be embodied in the Central Committee of Ukraine, separate laws. The understanding of a thing in civil law takes into account the existence of such an object in the digital environment. Property rights are extended to property taking into account European legal practice. Therefore, property rights can be applied to digital things as well. The civil law regulation of social relations concerns contracts regarding digital things, the provisions of which must be included in the Central Committee of Ukraine. This contributes to the proper implementation of civil turnover in relation to the specified objects. Contracts regarding digital things can be conventionally divided into classic for civil law and smart contracts. The Central Committee of Ukraine should be supplemented with regulations on smart contracts. Further legal regulation of contracts contributes to the proper circulation of digital things. Conclusions. One of the important tasks of civics for the near future is to clarify the legal nature of social relations in the digital environment. The development of social relations through digitalization must be combined with the necessary legal regulation in civil legislation. In civil legislation, it is necessary to continue to establish the ownership of digital things by absolute right. Provisions regarding contracts, smart contracts regarding digital property need to be established. The further development of civil law in the near future will be closely related to the legal regulation of digital technology objects. Regulation of absolute and relative rights to them is necessary.
It has been proven that labour relations are a legal relationship between an employer and an employee, which is established on a voluntary basis with regard to the use by the former (i.e., the ...employer) of the latter’s (i.e., the employee’s) ability to work and is expressed in mutual rights and obligations. It has been noted that in order for legal regulation to be fair, effective and appropriate, it should be based on a number of principles which determine the key priorities and vectors of legal regulation. To a large extent, the principles ensure the unity and integrity of the legal system and the legal regulation mechanism.
An emphasis is placed on the fact that certain categories of employees are employees for whom the current legislation, due to their physiological and social (including professional) properties (characteristics, signs, traits), provides for additional guarantees and/or benefits, some other advantages in working conditions compared to ordinary employees, and in some cases, increased requirements for their responsibility.
It has been generalised that the application of the principle of unity and differentiation in the legal regulation of the implementation of the right to work in certain categories of employees is a prerequisite for unimpeded access and inclusion of persons with certain specific physiological and/or social traits considered to be legally significant into the common legal space within which relations on the use of hired labour arise, develop, change and terminate.
It has been noted that the unity of legal regulation ensures a non-discriminatory approach to providing different individuals with the opportunity to realise their abilities and capacity to work through the conclusion of an employment contract. In turn, the differentiation of legal regulation allows taking into account the specific features of these employees and providing them with fair working conditions and adequate protection in accordance with their capabilities and needs due to these features.
Ukraine has been reforming the penitentiary system for several years in order to humanise and bring it in line with European standards, and even today, in the face of a full-scale Russian military ...invasion, the processes of transformation and improvement of this system in our country have not stopped, as evidenced by the emergence of an updated strategic course for further changes and development of the national penitentiary system. Over the past few years, important positive results have already been achieved on this path, but a number of problems remain unresolved, slowing down the reform process and the achievement of its goals.
It has been noted that a proper transformation of the penitentiary system of Ukraine is impossible without improving the mechanism of the staffing of the State Criminal Executive Service of Ukraine, the effectiveness of which, in turn, depends on the state of legal regulation of the social relations which are part of the above-mentioned staffing process. Scientific approaches to the definition of the concept of legal regulation, understanding of its essence, characteristic features and role in the organisation of public life have been considered. The author’s own definition of legal regulation of staffing of the State Criminal Executive Service of Ukraine has been formulated. It has been emphasised that the central place in the regulation of relations concerning this staffing is assigned to administrative law, since these relations are mainly of a managerial nature.
The state of legislative regulation on staffing of the State Criminal Executive Service of Ukraine has been analysed and its problematic aspects have been highlighted. It has been noted that there are no clearly defined conceptual foundations for the organisation and implementation of staffing of the State Criminal Executive Service of Ukraine at the legislative level. Attention has been drawn to the scattering of norms on the issues of the said staffing in legal acts of various levels. And the author presents his own vision of possible steps to improve the regulatory and legal framework for staffing the State Criminal Executive Service of Ukraine.
The research addresses the issue of the regulatory framework governing
the introduction of indicative planning of investment projects. Indicative planning is
a methodology for assessing the viability ...and feasibility of investment projects, which
involves a detailed analysis of the project structure, objectives, research methods, and
practical significance. The study examines the key components of the structure and outlines the importance thereof. The relevance of the topic is that indicative planning is an important tool used by governments and businesses for regional development. The purpose of the article is to provide a comprehensive understanding of the legal and regulatory environment that underpins indicative planning. The research methods and findings discussed in this study aim to describe the different approaches used to implement indicative planning, as well as the results of these methods in different contexts. They include analysis of the legal framework, critical literature review, induction and deduction methods, which allowed us to find the legal basis for indicative plans. The results of the research reflect the list of legal and regulatory documents governing the planning of the country’s advancement, regional and investment development, and also show the directions of improvement of the regulatory framework for the purpose of indicative planning. The article is deemed to be a valuable resource for policy makers, business executives, and researchers seeking to understand the legal framework governing investment project planning.
With the development of technology, Internet platforms continue to accumulate technological advantages and become super network platforms with rapid growth in the number of users and huge transaction ...scale, thus triggering problems such as platform monopoly, infringement of users’ rights and interference with social governance. When the state and the government face the challenge of platform governance, the existence of a technological divide makes it difficult to achieve the desired effect of Internet platform governance through the traditional unilateral regulatory model. When the law grants power, appropriate measures should be taken at the same time to avoid the abuse of power. With fairness as the regulatory goal of Internet platforms, it is necessary to start the restraint of platform power from multiple perspectives of self-regulation, cooperative regulation and external regulation to promote the standardized operation of Internet platforms.
During the exploitation of coal, both surface and underground exploitation systems damage larger or smaller areas of land. Experiences show that land damage is significantly greater with the surface ...exploitation system, where the content of the space is degraded not only in the contour of the mine and the surrounding area, but changes are made in the natural flows and conditions as well. The article presents the results of a study of the regulatory framework the issues of reclamation in some world countries also in Serbia. Practical experience of reclamation has shown that utilisation and devastation by mining activities present not only danger to affected areas but also an opportunity to correct negative developments and to plan in accordance with the expectations of the population and respected to laws.
The current pandemic raises substantive ethical and legal challenges for inpatient psychiatric units striving simultaneously to contain COVID-19 and provide safe, high-quality psychiatric care. Among ...these challenges, psychiatric units need to consider their role in isolating and quarantining COVID-19 positive patients who are psychiatrically cleared for discharge. We examine this complex dilemma by evaluating mental health law, quarantine law, public health ethics, a case from an urban academic medical center's inpatient unit, and literature focused on treatment and isolation protocols during HIV and tuberculosis epidemics. Although inpatient units are highly restrictive and intended for acute psychiatric treatment, at present there are no obvious isolation, quarantine, or housing options for many patients with mental illness infected with COVID-19.
The scientific study is devoted to the peculiarities of the activities of the reviewing police personnel commissions of the USSR in the 20s of the 20th century. The normative legal acts of the ...Ukrainian SSR, which established the grounds for the dismissal of police officers, were studied. The legislative and by-laws of the Ukrainian SSR, which regulated the procedure for the creation and operation of commissions for reviewing the personnel of the Ukrainian SSR police in the 20s of the XX century, have been studied. Archival materials reflecting the results of the activities of such commissions have also been studied. New archival documents, which were contained in the Central State Archive of higher authorities and administration, State Archives of Kharkiv and Dnipropetrovsk regions, have been introduced into scientific circulation.
It has been established that the procedure and grounds for dismissal from service in the Soviet police were regulated by the Rules of Service in the Police and Criminal Investigation of the USSR and the Standard Collective Agreement of Soviet Administrative Employees. The legal basis for the activity of commissions for reviewing the personnel of the police was the departmental by-laws of the Main Directorate of the Soviet Workers' and Peasants' Police of the NKVD of the USSR. The specifics of reviewing the personnel of the police in each province depended on the number of employees and the meticulousness of the local police leadership.
It has been found that the normative legal acts that regulated the procedure and conditions of activity of commissions for reviewing the personnel of the police established special, exclusive grounds for the dismissal and bringing to the legal responsibility of police officers.
It has been concluded that the activity of the commissions for reviewing the personnel of the police contradicted the legislative and by-laws in force at the time, which regulated the service and labour relations of the police officers.
