Suchergebnisse

Due to the development of the information society, countries face the task of effectively regulating the relevant social relations. The mechanisms of such regulation should correspond to the specifics of such relations. Digitization is one of the modern methods of legal regulation, which is the use of information technology at the state level. The existing scientific achievements on digitalization processes need constant improvement, which corresponds to the specifics of this field. The object of research is digitalization in law in the light of international experience. The article aims to study and analyze digitalization in law in the international legal aspect. The following methods were used during the study: systemic, systemic-functional, comparative, sociological, analysis, synthesis, analogy, observation, classification, and statistical analysis. The article analyzes the phenomenon of digitalization, identifies the main approaches to understanding it. On the example of international experience (such countries as France, Germany, Italy, Georgia, Greece, and Great Britain), the mechanisms of using digitalization in public administration are determined, the legal regulation of informatization is analyzed. Also, based on the study and analysis of doctrinal teachings of international information experience, it is proposed to improve the domestic legal mechanism to ensure the effective functioning of public relations.

The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.

The study aims to establish the role of "soft law" as a tool of legal technology, its importance for the formation of the legal system within the regulation of various types of legal relations. The current pace of development of society requires a rapid response from the authorities to certain situations. Sometimes the settlement of certain legal relations by customary law is insufficient, as the range of such legal relations cannot be covered by national or international acts. In this case, it is advisable to follow the prescriptions of "soft law", which contain general ideas and principles that determine the main vectors of the settlement of legal relations. Besides, "soft law" serves the purpose of harmonization of the legal framework of different states, which results in the creation of related mechanisms of interaction. In the context of the desire for global cohesion, in particular, European integration, the definition of the impact and role of "soft law" on rule-making processes becomes especially important. The result of this work is to identify the importance of acts of "soft law" for the settlement of various legal relations at both national and international levels; the role of such acts in the implemented European integration policy; features of legal technologies within the application of "soft law" acts.