Suchergebnisse

In the article in the process of substantiation such basic components of the constitutional right of citizens to complain (as forms of manifestation of democracy) as legal and social content are indicated; as well as its functions; which are law enforcement; social control; the ability to express their own opinion on a particular issue. The aim and objectives of research. Article 3 of Constitution of Ukraine states that human; his life and health; honor and dignity; inviolability and security are recognized in Ukraine as the highest social value. Human rights and freedoms determine the content and direction of state activity. This means that the personality of a human is a value not only for himself but for the whole society. The Constitution and the rights and freedoms of human and citizen are a manifestation of democracy in Ukraine. The purpose of this article is an attempt to point out the basic directions of solving problems of the constitutional right to complain as a form of expression of such form of democracy. Materials and research methods: comparative legal; sociological; historical; logical; dialectical. Results: the analysis shows; that the current legislation; while establishing the right of citizens to a complaint; provides different legal regimes for its securement; knowledge and understanding of which will enable to implement this constitutional right in practice. Discussion: In this article; the authors propose to discuss the main issuues on the problems of general and special complaint; criteria for their differentiation. ; В статье в процессе обоснования конституционного права граждан на жалобу как формы проявления власти народа; указаны такие его основополагающие составляющие как правовое и социальное содержание; а также его функции – правоохранительную; социального контроля; возможность высказать собственное мнение по тому или иному вопросу. Цель и задачи статьи: Ст. 3 Конституция Украины утверждает; что человек; его жизнь и здоровье; честь и достоинство; неприкосновенность и безопасность ...

Purpose: Legal entities are capable to accumulate much more financial, material, intellectual resources to achieve their goals than a natural person. It is important to develop theoretical fundamentals that are necessary for understanding of administrative liability of legal entities and make propositions to improve current legislation about administrative liability of legal entities, a mechanism of its implementation and systematization of legislation in this area. Methods: General scientific, philosophical and specially-legal methods of scientific research have been used. Theoretical and legal framework of an institute of administrative liability of legal entities, preconditions of legislative regulation of administrative liability of legal entities have been investigated with the help of general scientific and philosophical methods. A system analysis method has been used for the analysis of modern administrative legislation, scientific works to determine a concept of "administrative liability of legal entities." A dogmatic method was valuable to formulate the conclusions and recommendations of practical character within the research issues. Results: It is shown that the legislation about administrative liability of legal entities is in the forming stage, and there are two possible ways of its systematization. It was stressed that both of them are connected with a necessity to bring contradictions about regulation of legal liability of legal entities into line with constitutional norms. It was concluded that a legal entity should be recognized as a subject of administrative liability. Discussion: Administrative liability of legal entities is intended to withstand offences, protect legal rights and interests of citizens, the state, legal entities, established administrative order, and also provide renewal of broken rights and compensation for losses resulting from an offence, give onerous consequences of organizational and material character for offenders. The development of a concept of "administrative ...