Medico-Social Examination: the Modern Aspects of Legal Regulation

10.12737/5942 ◽  
2014 ◽  
Vol 8 (1) ◽  
pp. 1-6
Author(s):  
Разиньков ◽  
D. Razinkov ◽  
Михайлов ◽  
I. Mikhaylov ◽  
Михайлова ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Government Support ◽  
Sociological Research ◽  
Constitutional Rights ◽  
Disabled People ◽  
Government Programs ◽  
Social Sphere ◽  
Traditional Classification

In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.

scholarly journals STATE FUNCTIONS AS THE MOST IMPORTANT DIRECTIONS FOR THE NATIONAL DEVELOPMENT

2019 ◽  
pp. 18-21
Author(s):  
Dubynskyi I. Yu.
Keyword(s):  
National Development ◽  
The State ◽  
Time Duration ◽  
Social Law ◽  
Social Sphere ◽  
The Social ◽  
Social Interests ◽  
Practical Recommendations ◽  
State Functions

The functions of the state in historical development are investigated. It is proved that the main functions fall into the changes that take place in the state; the derivative functions fall under the more powerful influence of the established ethnocultural strata of societ’ys life, national, territorial peculiarities, traditions, etc, and therefore the state of the modern type, which appears in the results of the development of a specific state-organized society, can, in explicit or hidden forms, be preserved andsometimes to develop some traditional functions of the state. In the context of the theory of state and law, the functions of the state are analyzed and shown that they are not a stable and unalterable phenomenon, fundamental and frozen in its development, and depending on the specific historical conditions, the elements of these general functions may acquire independent significance and signs of independence. The state-legal phenomena and processes in conceptual positions of the theory of state and law with the use of methods of classification of state functions for their further ordering and comparison are investigated. It is shown that their classification is important for understanding the functions of the state, which allows not only to reveal common features but also to formulate a scientifically grounded opinion about the variety of functions of the state. It is proved that due to the classification of state functions, it is possible to work out practical recommendations regarding the main directions of state activity not generalized and declaratively, but differentiated with respect to each separate function. It is highlighted that the classification criteria of state functions allow enumeration of different functions of the state to a particular class and group. The most common groups of state functions are classified: 1) their division into external functions and internal functions; 2) according to the criterion of importance for the state, the main and derivative (additional, or non-principal) functions of the state are distinguished; 3) in the time duration of the existence of the functions of the state distinguish between mandatory (permanent, continuous) and temporary (non-permanent, transitory); 4) depending on the social interests of which the functions of the state are performed, they are divided into general social groups and groups (for the protection of the interests of a certain stratum of society); 5) sectoral division of functions of the state, that is, the division of the social sphere (economic, social, law enforcement, environmental, etc.).

Classification of financial monitoring objects: criteria and indicators of suspicion

2021 ◽  
Author(s):  
Maria Perepelytsya
Keyword(s):  
Money Laundering ◽  
Legal Regulation ◽  
Economic Security ◽  
The State ◽  
Criteria And Indicators ◽  
Legal Norms ◽  
Financial Monitoring ◽  
Financial Transactions ◽  
Subjective Rights

Problem setting. The problem of legalization (laundering) of money and other property acquired by criminal means is of great importance for Ukraine, because the criminalization of the economy is the main threat to the economic security of the state. In order to successfully combat this negative phenomenon, it is necessary to constantly develop and improve the processes of identification and analysis of financial transactions that are the objects of financial monitoring. Detection of such transactions requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. The list of criteria and indicators of suspicion of financial transactions is large and sometimes ambiguous in terms of its interpretation and application. This issues is important because it is about the scope of law, the subjective rights of participants in financial transactions, the ownership of such persons in their assets and the level of trust in entities that provide financial and other services. The purpose of the research is to study the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. Analysis of resent researches and publications. The solution of problems of legal regulation of the national system of financial monitoring in Ukraine (procedures, methods, risks, criteria, indicators etc.) was devoted to the works of such scientists as A. P. Gavrilishyn, I. M. Patyuta, B. M. Surkalo, O. E. Kostyuchenko, K. A. Kryvulya, Zh. I. Dovgan, I. G. Biryukova, V. M. Berizko and others. However, the issue of classifying financial monitoring objects according to the criteria and indicators of suspicion is important and necessary, because it is on such indicators that all activities in the field of financial monitoring are based and the results of such activities depend on their establishment. Article’s main body. The list of criteria and indicators of suspicion of financial transactions and their classification as objects of financial monitoring is quite wide. Their classification according to the relevant criteria is necessary and enshrined in law, which is important to prevent their unrestricted spread. At the same time, the subjects of state financial monitoring at their own discretion, but taking into account the main requirements of the legislation in the field of financial monitoring, develop and establish the grounds for classifying a financial transaction as an object of financial monitoring. In turn, the subjects of primary financial monitoring at their own discretion, but taking into account the rules and subjects of state financial monitoring, supplement, expand and improve this list in order, on the one hand, to prevent the legalization (laundering) of proceeds from illegal by and their entry into the financial system of the state and, on the other hand, compliance with the subjective rights of customers – participants in financial transactions. Conclusions. The article examines the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. It is concluded that the identification of transactions that are the objects of financial monitoring requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. Risk criteria by type of client, by geographical basis, by type of service (product), by service supply channel (product) are considered. Differentiated indicators of suspicion of financial transactions into indicators related to the activities or behavior of the client, indicators related to the financial operations of the client and indicators for different types of products (services). It is emphasized that the problem of defining clear and standard types of criteria and indicators of financial transactions is important and relevant in the current relations in the field of financial monitoring between the state and the participants of the respective financial transactions.

scholarly journals A Classification of Regions of Ukraine by the Level of Formation of Social Tensions

2020 ◽  
Vol 10 (513) ◽  
pp. 128-136
Author(s):  
O. O. Rudachenko ◽  
◽  
T. S. Klebanova ◽  
Keyword(s):  
Preventive Measures ◽  
Government Support ◽  
Economic Indicators ◽  
Social Sphere ◽  
Social Tension ◽  
The Social ◽  
Social Tensions ◽  
Classification Of Regions ◽  
High Level

A classification of regions of Ukraine by the level of formation of social tensions together with determination of preventive measures aimed at preventing the creation of crisis situations are carried out. It is proved that the socio-economic situation typical for Ukraine has deteriorated significantly. This is evidenced by the decline of a large number of international indicators that characterize the stability of the country’s development. The suggested in the article methodological approach to the classification of regions by the level of formation of social tensions includes two main stages: substantiation of the system of socio-economic indicators that characterize the level of social tension; selection and substantiation of models of classification of regions. The carried out analysis of the values of socio-economic indicators of each cluster allowed to allocate the following classes of regions by the level of formation of social tension: 1st class – increased level of formation of social tensions; 2nd class – low level of formation of social tensions; 3rd class – high level of formation of social tensions. Of particular importance for the research is the 3rd class, i.e., the class with a high level of formation of social tensions, which leads to a crisis. The regions of this class should have serious government support in the social sphere. The results of the research showed that the number of regions classified with high level of social tensions is constantly growing and, unfortunately, the number of regions where the social sphere is more developed is decreasing. It should be noted that this situation is extremely dangerous, because it can lead not only to social, but also economic and political crises. The carried out analysis of the status of region of each of the received classes provides the possibility to prevent aggravation of crises in the social sphere and determine the list of preventive measures that can lead to a decrease in losses both in terms of individual classes and in the State as a whole.

scholarly journals Regulatory guarantees of the internally displaced person’s rights and freedom

2020 ◽  
Vol 2 (2) ◽  
pp. 71-76
Author(s):  
Alina Orieshkova
Keyword(s):  
International Law ◽  
Forced Migration ◽  
Legal Regulation ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Public Authorities ◽  
Internally Displaced ◽  
Basic Law

The state cannot be considered democratic, social and legal in the absence of normative legal guarantees that ensure the unimpeded realization of the rights, freedoms and interests of a person and a citizen, including internally displaced persons, and in case of their violation, protection and restoration. Encountered in 2014 with military aggression, the occupation of part of Ukraine, the authorities faced not only the problem of internal forced migration, but also the need to create effective safeguards for the rights and freedoms of internally displaced persons, in particular, regulatory and legal ones. It is highlighted that in the context of ensuring the rights and freedoms of internally displaced persons, one of the issues of discussion is the correlation of international and national law, which requires doctrinal study. After analyzing the correlation between international and national law, it is noted that in Ukraine superiority is given to the monistic theory, which is characterized by preservation of the supremacy of the basic law of the state, with the recognition of the priority of international law over the national one. It is stressed that the norms of international and national legal acts on protection and assistance to internally displaced persons provide an opportunity to ensure the effective functioning of public authorities and local self-government bodies for the protection and support of such a category of persons as IDP. It is noted that normative-legal regulation in the field of protection of rights and freedoms of internally displaced persons is characterized by imperfection and imbalance in various aspects of public life. On the basis of a comprehensive analysis of international and national normative legal acts in the field of ensuring the rights and freedoms of internally displaced persons, author’s classification is given. The advantages of classification of normative legal acts in the context of ensuring the rights and freedoms of internally displaced persons are noted.

Implementation of the constitutional rights and freedoms of man and citizen

2021 ◽  
Author(s):  
Svetlana Narutto ◽  
Stanislav Kolmakov
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Rights ◽  
Public Authorities ◽  
Theoretical Issues

The textbook is devoted to theoretical issues of legal regulation of the implementation of constitutional human rights and freedoms, legal mechanisms for their protection, the competence of public authorities that ensure the implementation of rights and freedoms. For students, postgraduates, teachers interested in the issues of human rights activities of the state, the participation of authorities in ensuring the implementation of constitutional rights and freedoms of man and citizen.

STATE SUPPORT OF ENTREPRENEURSHIP IN RUSSIA

2020 ◽  
Vol 10 (10) ◽  
pp. 2463-2479
Author(s):  
E.V. Burdenko ◽  
◽  
E.V. Bykasova ◽  
Keyword(s):  
Retrospective Analysis ◽  
High Performance ◽  
The State ◽  
Soviet Period ◽  
Economic Activities ◽  
State Support ◽  
Government Programs ◽  
Trade Center ◽  
Trade Route

The article provides a retrospective analysis of the development of entrepreneurship in Russia from the 9th century to 2020. 4 periods in the development of small and medium-sized businesses in Russia are highlighted and the characteristics of each of the periods are given. At the first stage, the development of entrepreneurship was facilitated by the formation of cities, which became a trade center. In the 9th century, the trade route "from the Varangians to the Greeks" was actively used. The study showed that the state has always had a strong influence on the development of entrepreneurship. The most difficult in the development of Russian entrepreneurship is the Soviet period, after which the revival of small and medium-sized enterprises began with the support of the state. Attention is paid to modern legislation governing the financial and economic activities of SMEs. A retrospective analysis of government programs to support SMEs from 1994 to 2020 was carried out. The program of state support, which has been in effect since 2016, "Strategy for the development of small and medium-sized businesses in the Russian Federation for the period up to 2030" is considered in more detail. In Russia, 95% of private enterprises are microbusiness. The SME Strategy 2030 proposes a classification of SMEs into 2 groups: mass SMEs and hightech ones. Attention is paid to target indicators of SME development for each of the groups until 2030. By 2030, the turnover of SMEs should increase by 240% compared to 2014, the share of SME exports in the total volume of Russian exports should increase to 12%, the number of high-performance jobs in small and mediumsized businesses should increase, etc.

Modern aspects of law-economic regulations of service classification and identification for unshadowing the economy of Ukraine

2020 ◽  
pp. 112-130
Author(s):  
Maryana Melnyk ◽  
Ivan Zalutskyy
Keyword(s):  
Economic Activity ◽  
Service Sector ◽  
Legal Regulation ◽  
The State ◽  
Cumulative Impact ◽  
Legal Documents ◽  
Potential Basis ◽  
Definition Of ◽  
Economic Regulations

The article deals with the modern aspects of “shadowing” economy as socio-economic fact. The definition of “shadowing economy” is revealed not to be regulated by the legislative acts of Ukraine. Retrospective analysis of the legal regulation of the term “service” proves a diversity of modern interpretation of this category in the legal documents of Ukraine. Currently, the essence of the term “commerce service” is not regulated by any document. The results of the official integrated estimation of the size of the shadow economy do not show its real state and development tendencies by the types of economic activity differentiated according to the specific areas and types of services. The absence of a clear definition of the object of procurement, primarily the service sector, which leads to manipulation and inefficient use of funds is established to be one of the main factors determining the corruption risks in the system of public and sub-procurement. Nowadays, the State Classifier of Products and Services DK 016:2010 (SCPS) defined as the potential basis for industrial classification of products/services is a systematized summary of product names and services with their coding according to the hierarchical system of classification. The peculiarities and problems of implementing SCPS and the other classifications in the service sector are analyzed. The article proves that the State Statistics Service of Ukraine ignores methodologically SCPS as the ground for statistical classifications named “base for classifier conflicts” under stagnation of the national classification system, which preserves the risks of increased ‘shadowing’ in accounting and procurement and blocks the potentially transparent commercialization of services and their cumulative impact on socio-economic growth by different types of economic activity. The paper suggests the range of elements to be defined as integral elements of the legislative mechanism for the economy unshadowing in the service sector.

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

Tax Policy as a Function of the Russian State

2020 ◽  
pp. 106-112
Author(s):  
D. A. Shvets
Keyword(s):  
Law Enforcement ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Judicial Practice ◽  
Russian State ◽  
Legal Nature

In the article the main problems of the system of fiscal payment as part of the functions of the state in terms of tax policy related to the lack at legislative level accurately built system of fiscal charges, in connection with which law enforcement and judicial practice, there are ambiguities in the resolution of problems related to the choice of the mode of legal regulation of the said payments. There are also some problems with the classification of fiscal charges. The existing procedure for regulating fiscal fees should be changed through the incorporation of fiscal fees in the tax code, which is primarily due to the need to apply in the legal regulation of payments identical in their legal nature of uniform rules, as well as the requirements of paragraph 5 of article 3 of the tax code.

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