Suchergebnisse

The article is devoted to the study of the phenomenon of «abuse of rights» in terms of its negative manifestation in different legal systems. In order to clarify the legal nature and content of the abuse of law, the question of the relationship between lawful and wrongful conduct was analyzed. Based on the study of doctrinal sources on this issue, ways to overcome the abuse of rights have been identified at the international and regional levels. The monitoring of foreign and national legislation in the article led to the conclusion that abuse of law is a phenomenon that permeates all branches of law and all groups of legal relations. The implementation of knowledge and legal traditions of international and domestic regulation of this category makes it possible to develop new ways to combat abuse of law at the social and legal levels. In our opinion, the legal significance of regulations aimed at counteracting the phenomenon of abuse of rights at the regional level in domestic law is significantly underestimated. The principle of inadmissibility of abuse of rights does not have its own stable logical theoretical construction, including at the constitutional and legal level, which indicates the need to enshrine it in a separate provision of the Constitution of Ukraine. At the same time, it should be recognized that effective counteraction to abuse of rights at the legislative level should be carried out both at the level of general legal principles and at the level of special industry regulations and norms.

The article examines the theoretical and organizational and practical aspects of local executive bodies based on the analysis of international and national legal standards of their regulation. The analysis of international standards of regulation of local executive bodies made it possible to identify key areas on which the Government's efforts should be focused in order to adapt the national political and administrative system to the international context. In our opinion, democratization of all spheres of public life and building of civil society in Ukraine are impossible without decentralization and deconcentration of state functions and powers, implementation of the principles of real local government based on: strategic approach to international policy; improvement of management systems of legislative and legal procedures; development and selection of high-quality subjects of local executive bodies. Reforming the activities of the executive branch and carrying out large-scale administrative reform in Ukraine will allow adapting internal structures to the new conditions of the international environment. The study of the genesis of administrative and legal regulation of the activities of executive bodies on the ground shows that local executive bodies occupy an important place in the system of state bodies. The implementation of the tasks of the state's domestic policy largely depends on their effectiveness at the local level. To achieve positive results in this area at the regional level, we consider it essential to ensure the optimal combination of centralization and decentralization in the exercise of state power, including in the delimitation and balancing of powers of local executive bodies and local governments. In addition, we see the need for detailed regulation of the competence of these bodies, the definition of their system, the structural links between its elements, the normative enshrinement in the relevant regulations.