Перегляд за Автор "Oleksandr M. Bukhanevych"

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  • Ескіз недоступний
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    Approaches to understanding the category “special legal regimes”
    (Journal of the National Academy of Legal Sciences of Ukraine, 2021) Oleksandr M. Bukhanevych; Anastasiia M. Mernyk; Oleh O. Petryshyn
    The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance.
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    Документ
    Definition of legal categories «public authoriti», «public administratgion» and «public managing» in themoderndostrin of administrative law
    (Journal of the National Academy of Legal Sciences of Ukraine, 2022) Oleksandr M. Bukhanevych; Alla М. Ivanovska; Vyacheslav A. Kyrylenko
    The article examines the essence of public authority, public administration and public administrating as legal categories, defines their relationship as a basis for forming an optimal model of public authority in Ukraine in accordance with democratic principles of state formation, which is relevant in modern conditions, given the need to bring the organization of public authorities to European standards in light of Ukraine's European integration aspirations, its transition to a European civilizational model of public law institutions. The purpose of this study was to analyse the essence of the concepts of “public authority”, “public administration” and “public administrating”, and to investigate the relationship between these legal categories in modern administrative law. To achieve this goal, the study used general philosophical, general scientific methods of scientific knowledge (dialectical, analysis, abstraction, system), specific methods of scientific knowledge (comparative law (comparative), historical law), and special legal methods (formal legal, system-structural, activity). As a result of the study of the essence of the legal categories “public authority”, “public administration” and “public administrating” proposed their own definitions of these legal categories and concluded that the category “public administration” determines how to build public authority, which entities are endowed powers for its implementation, while the category of “public administrating” reflects the substantive part of public authority, i.e. the form and procedure for its implementation Information, personal intangible rights to information, property rights to information, transaction, liability
  • Ескіз недоступний
    Документ
    Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law
    (Journal of the National Academy of Legal Sciences of Ukraine, 2021) Oleksandr M. Bukhanevych; Serhii O. Kuznichenko; Anastasiia M. Mernyk
    The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted.