Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 76
Enero
Marzo
2023
Recibido el 14/12/22 Aceptado el 26/01/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
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Ma ría Eu ge nia Soto Hernández
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Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
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Vol. 41, Nº 76 (2023), 502-511
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Administrative, nancial, criminal-legal
and theoretical-methodological aspects
of regulating social relations in
government bodies
DOI: https://doi.org/10.46398/cuestpol.4176.29
Vira Halunko *
Nadiia Maksimentseva **
Oleksandr
Poltoratskyi ***
Maksym Maksimentsev ****
Iryna Tsareva *****
Abstract
The purpose of the research was to dene the theoretical,
administrative and civil law aspects of the regulation of social
relations. Consequently, the article species the means of social
regulation, which include components of legal, moral, corporate
and customary, etc. type. It has been shown that legal regulation of social
relations is dened as an intentional action on the behavior of people and
social relations with the help of legal (juridical) means. The methodological
basis of the research is presented as comparative-legal and systematic
analysis, formal-legal method, method of interpretation, hermeneutic
method, as well as methods of analysis and synthesis. By way of conclusion
it has been proved that since the object of legal regulation is presented
as social relations, legal regulation is determined by some objective and
subjective factors. As contributions, the following factors of social relations
have been determined: level of economic development of society; social
structure of society; level of maturity and stability of social relations; level
of legal culture of citizens; level of certainty of the subject of social relations,
means and methods of legal regulation.
* Professor, Doctor of Science in law, Professor at the Department of Professional and Special Disciplines
of Kherson Faculty, Odessa State University of Internal Aairs, Odessa, Ukraine. ORCID ID: https://
orcid.org/0000-0002-0563-0576
** Doctor of Science in Law, Associate Professor of Parliamentarism Department,Educational and Science
Institute of Public Administration and Public Service, Kiev National University of Taras Shevchenko,
Ukraine. ORCID ID: https://orcid.org/0000-0001-7774-1948
*** PhD in Law, Associate Professor of the Department of Law, Dnipro Humanitarian University, Dnipro,
Ukraine. ORCID ID: https://orcid.org/0000-0002-7689-9011
**** Doctor of Law, Deputy Director, Legal Bureau “ALMEGA” Ukraine. ORCID ID: https://orcid.
org/0000-0002-1173-9113
***** Associate Professor, Doctor of Philology, Professor of the Ukrainian Studies and Foreign Languages
Department, Dnipropetrovsk State University of Internal Aairs, Ukraine. ORCID ID: https://orcid.
org/0000-0002-1939-7912
503
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 502-511
Keywords: social relations; legal regulation; state model; legal
phenomena; legal norms.
Aspectos administrativos, nancieros, penal-jurídicos
y teórico-metodológicos de la regulación de las relaciones
sociales en los órganos de gobierno
Resumen
El objeto de la investigación fue denir los aspectos teóricos,
administrativos y de derecho civil de la regulación de las relaciones
sociales. En consecuencia, el artículo precisa los medios de regulación
social, que incluyen componentes de tipo: legal, moral, corporativa y de
costumbres, etc. Se ha demostrado que la regulación legal de las relaciones
sociales es denida como una acción intencional sobre el comportamiento
de las personas y las relaciones sociales con la ayuda de medios legales
(jurídicos). La base metodológica de la investigación se presenta como
análisis comparativo-legal y sistemático, método formal-legal, método
de interpretación, método hermenéutico, así como métodos de análisis y
síntesis. A modo de conclusión se ha probado que, dado que el objeto de la
regulación jurídica se presenta como las relaciones sociales, la regulación
jurídica está determinada por algunos factores objetivos y subjetivos.
Como aportes, se han determinado los siguientes factores de las relaciones
sociales: nivel de desarrollo económico de la sociedad; estructura social
de la sociedad; nivel de madurez y estabilidad de las relaciones sociales;
nivel de cultura jurídica de los ciudadanos; nivel de certeza del tema de las
relaciones sociales, medios y métodos de regulación legal.
Palabras clave: relaciones sociales; regulación jurídica; modelo de
Estado; fenómenos jurídicos; normas jurídicas.
Introduction
Society is characterized by a certain degree of organization and
regularity. This is caused by the need to reconcile the needs and interests
of an individual and a certain community of people (large or small social
groups).
To achieve such agreement, social regulation (i.e. purposeful action on
people’s behavior) is carried out. Regulation can be both external in relation
to a person (someone inuences him/her in some way) and internal (self-
504
Vira Halunko, Nadiia Maksimentseva, Oleksandr Poltoratskyi, Maksym Maksimentsev y Iryna Tsareva
Administrative, nancial, criminal-legal and theoretical-methodological aspects of regulating
social relations in government bodies
regulation). In the course of its development the society has developed
a diverse system of means and methods of regulating people’s behavior.
Means answer the question of how people’s behavior is regulated, and
methods determine how this purposeful action is carried out.
1. Literature review
The means of social regulation include, rst of all, social norms: legal,
moral, corporate, customs, etc. But the norm is never the only means of
inuencing people’s behavior, since such means also include individual
orders, authoritative commands, measures of physical, mental and
organizational coercion, etc. (Kopeichykov, 2002).
Based on this, legal regulation can be dened as a purposeful eect on
people’s behavior and social relations with the help of legal (juridical) means
(Petryshyn, 2002). Based on this denition, it is appropriate to conclude
that regulation is only an action in which suciently marked goals are set.
For example, in order to regulate the use of land, ensure its preservation,
and improve eciency of land use the legislative body adopts a law on land
use. And the action of land legislation being the basis for legalization of
goals set can be determined as legal regulation.
And if inuence of a legislative act or its norms causes consequences that
are not provided for by the legislation, and in some situations are contrary
to the goals of the legislator, then such an action cannot be considered a
legal regulation. So, under inuence of land legislation, the price of land
plots has grown, the number of speculative land transactions carried out for
prot as well as unproductive use of land resources has increased.
The negative impact of the land law on social relations cannot be
determined as legal regulation, since it was not a part the legislator’s goals,
but was intended to regulate life of the society, to ensure the fair, reasonable
nature of the use of such a value as land.
Therefore, the purpose of the article is to determine theoretical,
administrative, and civil law aspects of regulating social relations.
2. Materials and methods
The research is based on the works of foreign and Ukrainian researchers
on methodological approaches to understanding the theoretical,
administrative, civil law aspects of regulating social relations.
With the help of the epistemological method, the essence of preventing
professional deformation among penitentiary personnel was claried,
505
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 502-511
thanks to the logical-semantic method, the conceptual apparatus was
deepened, the essence of theoretical, administrative and civil law aspects of
regulating social relations was determined.
In order to get an idea about the extent of professional deformation
among penitentiary personnel during the last ve years, we analyzed
statistics, which is not, unfortunately, based on all canons of statistical
generalization, since we were not able to access all blocks of information.
However, thanks to the existing data, we managed to analyze theoretical,
administrative and civil law aspects of regulating social relations.
3. Results and discussion
An action carried out by non-legal means cannot be considered a legal
regulation. Thus, inuencing people’s consciousness and behavior through
the mass media, through propaganda, agitation, ethical and legal education
and training cannot be referred to legal regulation as a special legal
organizing activity. Inuence over social relations and on people’s behavior
caused by special legal means and methods, in its turn, aects spiritual,
ethical, ideological aspects of a person’s life.
Law cannot regulate all social relations, all social connections between
members of the society. Therefore, at each concrete historical stage of
social development, the sphere of legal regulation must be dened with a
sucient level of precision (Petryshyn, 2002).
In conditions of a narrowed sphere of legal regulation in the society,
there is a threat of arbitrariness, chaos and unpredictability in those areas
of human relations that can and must be regulated with the help of law. And
in cases of unjustied expansion of the sphere of legal regulation, especially
at the expense of centralized state-authority action, created are conditions
for strengthening of totalitarian regimes, regulation of people’s behavior,
which leads to social passivity, lack of initiative of members of the society.
The sphere of legal regulation should include those relationships
that have the following characteristics (Petryshyn, 2002): reection of
individual and general social interests of society members; realization of
mutual interests of their participants, each of whom narrows his/her own
interests in order to satisfy interests of others; agreement-based formation
of implementation of certain rules and recognition of their obligatoriness;
compliance with rules obligatoriness of which is supported by a suciently
eective legal force.
The nature and type of social relations, components and subject of legal
regulation determine the degree of intensity of legal regulation, that is, the
breadth of legal action, the degree of bindingness of legal orders, forms and
506
Vira Halunko, Nadiia Maksimentseva, Oleksandr Poltoratskyi, Maksym Maksimentsev y Iryna Tsareva
Administrative, nancial, criminal-legal and theoretical-methodological aspects of regulating
social relations in government bodies
methods of legal coercion, the degree of detail of orders as well as intensity
of legal action on social relations (Oliinyk, 2001).
In spite of dierent approaches to its denition, a certain understanding
of the essence of legal regulation has been formed in literature sources. The
term “regulation” comes from the Latin word “regulo” (rule) and means
ordering, adjusting, bringing something into line with something else
(Oliinyk, 2001). That is, legal regulation is an action on social relations
with the help of certain legal means, including primarily legal norms. In the
conditions of forming the basis of a legal state, the role and importance of
legal regulation of social relations acquires special relevance.
It is about those social relations, which cannot function without the
use of legal means (economic, political, and socio-cultural). However, not
everything in social relations is regulated by law. For example, the following
aspects are not regulated by law: in the sphere of economic relations -
production processes; in the sphere of political relations - development of
party programs and statutes; in the spiritual and cultural sphere - religious
relations, etc. (Oliinyk, 2001).
Legal regulation presupposes normalization, legal consolidation and
protection of social relations through the use of legal means. The regulatory
inuence of law on social relations consists in the fact that, law in its norms
constructs a model of mandatory or permitted behavior of various subjects
of these relations.
Most authors understand legal regulation a set of techniques and means
of legal inuence over behavior of subjects of social relations. According
to S.O. Sarnovska, certain legal regulation of social relations is carried out
precisely from the moment of publication of the respective normative legal
act (Sarnovska, 2003). A somewhat dierent point of view is held by P.M.
Rabynovych, who believes that the rule of law begins to regulate behavior
of subjects not from the moment the rule of law is issued, but from the time
of occurrence of legal facts provided for by this rule (Rabinovych, 2001).
Since the subject of legal regulation consists in social relations, legal
regulation is determined by some objective and subjective factors. Such
factors may include the following ones:
• level of economic development of the society;
• social structure of the society;
• level of maturity and stability of social relations;
• level of legal culture of citizens;
• level of certainty of the subject, means and methods of legal
regulation (Kravchuk, 2002).
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CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 502-511
Most modern scientic works are devoted to legal regulation, and
therefore to its spheres and boundaries, as one of the types of legal inuence.
In this regard O.M. Melnyk notes that some authors equate the concepts of
legal inuence and legal regulation, although boundaries of these concepts
do not coincide. Others do not take into account dierent forms of legal
regulation.
Hence, we have the statement of some scientists that legal regulation
begins with adoption of a legal norm and is conned to it, and opinion of
others that it starts with the entry into force of the norm or with occurrence
of a legal fact provided for by the respective norm of law. At the same time,
research of the issue of the sphere of legal inuence is not only of theoretical,
but also of practical signicance, because having dened the sphere of legal
inuence, we will be able to answer the question about what relations are
subjected to such inuence and we will establish the limit of legal inuence
(Villasmil Espinoza et al., 2022).
The sphere of legal inuence, as well as the sphere of legal regulation,
cannot remain constant. In this aspect, Onishchenko note that changing
the scope of legal regulation is a complex process in which opposite trends
(expansion and narrowing of legal regulation) coincide (Onishchenko,
1995).
The scope of legal regulation can expand due to the emergence of
new relationships of social reality (those previously unregulated by law).
Narrowing of this sphere occurs due to society’s refusal to use the law and
due to replacing legal regulation with other means of social regulation.
Such a tendency is caused by the social nature of legal norms, their
interrelationship with norms of social regulation.
In this regard, Orzikh (2009: n/p) notes that: “the scope of the regulatory
inuence of law is limited to the normatively established variants of person’s
behavior in each typical situation” and “the wider the range of these variants
is, the more meaningful legal freedom of an individual is, and the wider the
framework of the sphere of regulatory inuence becomes” (Orzikh, 2009:
n/p).
According to P.M. Rabinovych, the sphere of legal regulation can
be dened as a social space actually regulated by law, or one that can be
regulated by law. But such social space is always limited (Rabinovych,
2001).
In Ukraine, the sphere of legal inuence is in constant and rather
contradictory movement in accordance with the pace of legislation
formation and improvement However, many legal norms do not nd
their consistent application and implementation. At the same time, legal
awareness of Ukrainian citizens still remains at a low level, and activities
of state bodies often do not meet the standards of a law-governed state.
508
Vira Halunko, Nadiia Maksimentseva, Oleksandr Poltoratskyi, Maksym Maksimentsev y Iryna Tsareva
Administrative, nancial, criminal-legal and theoretical-methodological aspects of regulating
social relations in government bodies
Unfortunately important changes in law, often have a chaotic nature, so
they remain disordered and lack a system-dened connections.
Thus, changes in the sphere of legal inuence, as well as those in the
sphere of legal regulation, depend on a signicant number of factors, among
which the following ones can be singled out:
• degree and level of public assignment of law;
• changes in the legal system as a whole;
• priority of public and individual interests;
• progressive changes in the society associated with emergence of new
social relations;
• increase or decrease in the level of legal awareness and legal culture
of the society;
• progressive changes in the current legislation in the country,
both in the direction of expansion and reduction of the regulatory
framework;
• expanding rights and freedoms of citizens and creating favorable
conditions for their implementation (Tylchyk et al., 2022).
Problems in the sphere of legal inuence are inextricably linked with the
need to study the issue of legal inuence limits. Any inuence or regulation
cannot be performed without boundaries and indenitely, and therefore
such inuence must have a certain limit; if this limit is crossed such
inuence acquires new features and turns into another substance. So, S.V.
Bobrovnyk emphasizes that limits of legal regulation constitute an optimal
completeness of legal mediation of social relations, due to the need for state
inuence over spheres of social life, which cannot be regulated otherwise
than with the help of law (Bobrovnyk, 2001).
When analyzing the above rst of all it is necessary to clarify the essence
and meaning of the “limit” category for the purpose of researching the
notion of “legal inuence limits”. Given the fact that there are several
types of denitions in science, rst of all, it is necessary to give a scientic
analysis of the concept of legal inuence limits and choose the most optimal
approach.
In the process of forming a denition due to the closest genus and
species dierence, it breaks up into two relatively independent cognitions:
denition of the meaning of the very concept of “limit”; establishment of
the most signicant distinguishing features of legal inuence limits from all
other subtypes of limits (Matviichuk et al., 2022).
509
CUESTIONES POLÍTICAS
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It should be noted that the word “limit” is used for such entities
(phenomena) that can be imagined in clear or unclear, but always specic
units, parameters or characteristics. Thus, in the process of researching
the issue of legal inuence limits, we consider limiting characteristics of
the action of law, real and potential possibilities of its inuence over social
relations and interests (Leheza et al., 2022).
Considering the above, in our opinion, it is possible to distinguish two
main approaches to understanding legal inuence limits: an objective
approach related to objectively existing conditions that do not depend on
the will of social subjects or the state, cannot be changed at their will and
are capable of limiting legal inuence in a certain way.
Such conditions may include certain regularities of social development
(for example, cultural ones, economic ones, etc.), laws of development of
nature; a subjective approach, which consists in one’s own worldview, self-
assessment by social subjects of their capabilities and legal capabilities.
Thus, it is in the process of own perception, assessment and representation
that the subjective approach to understanding legal inuence limits is
revealed.
It should be noted that this approach to characterizing the marginal
indicators of legal inuence depends on the level of legal awareness and
legal culture of a particular society at a certain stage of its development.
Therefore, the mechanism of legal inuence as a whole will depend on how
adequately law in its essence will be perceived.
Like any theoretical category, “legal inuence limits” do not receive a
full-edged theoretical study without characterizing their main features.
As noted by O.M. Melnyk legal regulation limits are determined by non-
legal factors. They come from the very nature of human activities, they are
determined by culture and civilization as well as by the existing system of
relations, economic, historic, religious, national and other circumstances
(Melnyk, 2000).
A peculiar place among subjective factors inuencing determination of
legal inuence limits is taken by the dominating in the society and the state
legal consciousness which is tightly related to certain common philosophic
and world outlook views of the society and can determine limits of inuence
over legal awareness of a denite social subject. It is law that acts as a
certain level of personality’s freedom in the society, determines limits of
such freedom and sets responsibility for violating the respective limit.
Factors of subjective nature determining legal inuence limits may
also include propaganda of law, legislator’s intentions, motivation of law
and legal innovations as far as they do not perform direct regulation and
never initiate denite legal relations, but they have an inuence over
subconsciousness of subjects of law and so determine possible limits of
their behavior (Halaburda et al., 2021).
510
Vira Halunko, Nadiia Maksimentseva, Oleksandr Poltoratskyi, Maksym Maksimentsev y Iryna Tsareva
Administrative, nancial, criminal-legal and theoretical-methodological aspects of regulating
social relations in government bodies
Similarly to objective factors, subjective factors are not exhaustive
and may change under inuence of objective reasons. Such changes are
presented as narrowing or vice versa expanding possible legal inuence
limits (Kobrusieva et al., 2022).
Conclusions
So, legal regulation demonstrates interference of the state into vital
activity of the society in general as well as that of each separate personality.
This interference in the modern democratic society must have its limits, i.e.
limits of dictatorial interference of the state and its bodies to the system
of social relations. And violation of these limits by the state, application of
prohibited methods of inuence over social relations should be viewed as
interference of the state to insubordinate spheres of social regulation.
In a modern democratic state, the nature and types of these means are
determined by a complex of factors; among these factors we can rst of all
highlight patterns of development and principles of the legal system, as well
as the level of declared and actually eective rights and freedoms of human
and citizen established both in national legislation acts and international
acts ratied by the legislative body of that state.
In addition to that, legal, democratic and social state should recognize
priority of rights, freedoms and legally protected interests of a separate
person over its own interests. Despite declarativity of this statement it has a
signicant importance for choice of priority guidelines and means for legal
regulation of social relations.
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Esta revista fue editada en formato digital y publicada
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