ASSESSING THE SCOPE OF LEGAL IMMUNITY IN MODERN LEGAL SCIENCE: THE NEED FOR QUESTIONING UNDER UKRAINIAN LAW
In: Journal of liberty and international affairs, Band 9, Heft 1, S. 270-281
ISSN: 1857-9760
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In: Journal of liberty and international affairs, Band 9, Heft 1, S. 270-281
ISSN: 1857-9760
In: Cuestiones políticas, Band 41, Heft 76, S. 453-468
The purpose of the study was to clarify the methodological foundations of the essence of public administration bodies as subjects of administrative procedural law. The methodology of scientific work is determined by the optimal combination of general and special methods of scientific knowledge, which made it possible to form a holistic understanding of the legal form of social phenomena accompanying the development of the state. It is proved that administrative procedural law has its own system, the primary element of which is the administrative procedural norm, so that its normative impact coincides with the purpose of administrative procedural law, namely the practical implementation of administrative and legal norms in the field of public law and, by extension, public administration, i.e. the transformation of substantive administrative law norms at the level of practical implementation of a particular right of a person. The system of administrative procedural law, consisting of rules, institutions and administrative procedural sub-sectors, stands out. Everything leads to the conclusion that the system of administrative-procedural law is in the formative stage and is structurally composed of administrative-procedural norms, institutions and sub-branches and is essentially related to the substantive norms of administrative law.
The purpose of the article is to identify the causes and conditions that contribute to the commission of domestic violence against the elderly, as well as the possible consequences of this phenomenon. The article dedicated to exploring the facts of abuse of family members to the elderly. The authors use general and special methods that allow obtaining scientifically based conclusions and suggestions, such as analys, comparison, classification, grouping method, dialectical and forecasting method. In particular, the practice of law enforcement agencies of Ukraine was analyzed and it was established that murders can be the ultimate negative consequence of domestic violence. It was determined that different criteria are used in determining the age category of the elderly in different countries, and therefore, the authors took as a basis the category of women over 55 and men over 60. In this study, the terms "elderly person" and "old people" are used interchangeably. The analysis of the legislation of foreign countries allowed to single out the problematic issues of legal qualification of the facts of domestic violence committed against the elderly, as well as the reasons and conditions that contribute to its commission.
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