Open AccessSTRUCTURE OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF FORMATION AND IMPLEMENTATION OF STATE POLICY IN THE FIELD OF WEAPONS IN UKRAINE
Author(s) -
Tetiana Shumeiko
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-105-3.37
Subject(s) - mechanism (biology) , legislature , state (computer science) , political science , field (mathematics) , ideology , protection mechanism , doctrine , law and economics , law , politics , sociology , computer science , economics , control (management) , epistemology , management , mathematics , algorithm , pure mathematics , philosophy
The purpose of the article is to study the structure of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. This goal will be achieved by performing the following tasks: 1) based on the analysis of scientific approaches of domestic scientists to interpret the structure of the legal mechanism, outline the structure of the administrative and legal mechanism of formation and implementation of state policy in arms in Ukraine; 2) to analyze the structural elements of the studied administrative and legal mechanism; 3) summarize the results of the study. The article focuses on a comprehensive study of the administrative-legal mechanism current structure for the state policy formation and implementation in the field of arms circulation in modern Ukraine. Based on the systemic and static-dynamic interpretive approaches to the identification of the legal mechanism structure, the author comes to the conclusion that the system of the investigated mechanism consists of elements of a relatively static and dynamic nature. The structural elements of the administrative-legal mechanism for the formation and implementation of state policy in this area, which have a relatively static manifestation, are divided into structural elements of the ideologically conceptual level (the doctrine of administrative law of Ukraine, legal culture); structural elements of the ideological and fundamental level (identical to the principles of formation and implementation of state policy in the field of weapons circulation); structural elements of the regulatory level (legislative acts and other acts of parliament, the norms of which relate to issues of arms circulation; bylaws, the norms of which regulate various aspects of weapons turnover in Ukraine); structural elements of the institutional and democratic level (state authorities and civil society entities involved in the relevant state policy formation and implementation); structural elements of the administrative legislation norms implementation level acts on the weapons circulation in Ukraine. The structural elements of the administrative and legal mechanism for the formation and implementation of state policy in the field of arms turnover have a dynamic manifestation and are recognized as follows: the entities’ activities of the state policy formation and/or implementation in the field of arms circulation; administrative and legal and other relations in the sphere of arms circulation; procedures for the formation and/or implementation of state policy in the field of weapons turnover. The conclusions to the article summarize the results of the study.