scholarly journals The State and Human Rights: The Problems of Restrictions in the Pandemic

Legal Concept ◽  
2020 ◽  
pp. 41-46
Author(s):  
Lyubov Pozharova ◽  
Natalia Kosolapova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Social Relations ◽  
Emergency Situation ◽  
Dialectical Materialism ◽  
The State ◽  
Scientific Methods ◽  
Political Relations ◽  
Analysis And Synthesis ◽  
General Scientific

Introduction: in the context of modern life related to the fight against the COVID-19 pandemic, human rights and their implementation whose main goal is the existence of important social, economic and political relations are forced to be limited by the state. In this regard, the authors of the paper aim to analyze the problems that arise when the state interferes with the private sphere, and suggest the solutions that can serve as the additional guarantees of the full exercise of their rights by citizens. Methods: when writing the paper, the provisions of dialectical materialism and such methods as deduction and induction, analysis and synthesis, system, logical and other general scientific methods were used. Results: as a result of the analysis of the prevailing political and environmental conditions, it is possible to state that in an emergency situation, people often mistakenly perceive measures coming from the state as restrictions on their rights, which causes them to feel insecure and vulnerable. This may exacerbate a pre-existing sense of discrimination and inequality among certain social groups that require special economic and social support from the state. The research focuses on the problem of creating the necessary conditions for the state to ensure that individuals exercise and protect their rights without putting their lives and health at risk. The authors also consider the aspects related to citizens’ access to participation in solving socially significant issues of public administration. Conclusions: as a result of the research, the main problems that arise from the state’s restricting the rights in the pandemic are considered, as well as possible solutions that allow the state to effectively ensure stability in society, guaranteeing the implementation of basic human and civil rights and freedoms, and creating equal and stable social relations.

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.

scholarly journals Development of Theoretical Provisions on the Adaptation and Integration of Migrants

2019 ◽  
pp. 1-12
Author(s):  
Leonid A. Kononov ◽  
Viktoria Yu. Ledeneva
Keyword(s):  
State Policy ◽  
The State ◽  
Clear Understanding ◽  
Theoretical Understanding ◽  
Holistic View ◽  
Distinctive Features ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Systemic View

Recently, the terms “adaptation and integration of migrants” are often found in scientific and public literature. However, there is still no unified opinion and clear understanding of the essence and content of these concepts, their distinctive features, which negatively affects the formation and implementation of the state policy of adaptation and integration of migrants and requires development of theoretical provisions on these processes. The purpose of this article is to develop theoretical provisions on the adaptation and integration of migrants, as well as on the state policy of adaptation and integration, the formation of a holistic view of these phenomena and processes. The article is devoted to the theoretical understanding of such concepts as adaptation of migrants, integration of migrants, state policy of adaptation and integration of foreign citizens. The author’s vision of these phenomena is also presented. In the course of the study, general scientific methods of analysis and synthesis were used, as well as a systematic approach, methods of comparisons, etc. The conclusion of the article contains the main theoretical positions that form a systemic view on the adaptation and integration of migrants, the state policy of adaptation and integration, which create a holistic view on these processes

scholarly journals PSYCHOLOGICAL MODEL OF CIVIC IDENTITY FORMATION

2021 ◽  
Vol 12 (2) ◽  
pp. 167-178
Author(s):  
Inha Petrovska
Keyword(s):  
Identity Formation ◽  
The State ◽  
Civic Identity ◽  
Psychological Model ◽  
Scientific Methods ◽  
Psychological Mechanisms ◽  
Analysis And Synthesis ◽  
Mechanisms Of Formation ◽  
General Scientific

Aim. The research aims to present the psychological concept of civic identity formation, namely author's view on the nature of civic identity, the stages and psychological mechanisms of civic identity formation. Methods. A system of general scientific methods was used: analysis and synthesis of the main provisions of research sources on the study of civic identity as a complex multidimensional personality formation, comprehension of the psychological foundations of civic identity, systematization and generalization of scientific provisions on the stages and mechanisms of identity. Results. It is proposed to consider civic identity as a kind of organizational identity, which is self-determination in the organizational environment of the state, as well as self-identification with the role of a citizen and is the primary psychological regulator of civic behavior. The main stages of civic identity formation are: perceptual-systemic, normative-community and individual-integrational. The main mechanisms of formation of civic identity are: internalization of stereotypes and attitudes of citizenship; imitation of models of civic behavior; individuation of the meanings (sense) of citizenship; exteriorization of stereotypes, attitudes and patterns of civic behavior; implementation of the experience of interaction with the state and fellow citizens; comprehension of one's own citizenship. Conclusions. Formation of civic identity (civic protoidentity – reproductive civic identity – productive civic identity) is a dynamic process that has staged nature as it involves a series of successive stages, at each of which civic identity undergoes qualitative changes and is formed as an individual's awareness and reflection of his/her place, role and degree of activity in the system of interaction with other citizens and the state.

scholarly journals Sanctions in Sport: The Relationship Between Legal and Local Regulation (Sanciones en el deporte La relación entre la regulación legal y local )

Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Sports Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Foreign Countries ◽  
General Scientific ◽  
State Of Research

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.

scholarly journals CUSTOMS AFFAIRS IN THE CONDITIONS OF COVID-19

2020 ◽  
Vol 133 (5) ◽  
pp. 42-57
Author(s):  
Taras KARAVAYEV ◽  
Nina KALUGA
Keyword(s):  
The State ◽  
Complete Analysis ◽  
International Treaties ◽  
Scientific Methods ◽  
The World ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Legislative Changes ◽  
Almost All ◽  
The Impact

Background. The COVID-19 pandemic declared by the WHO in March 2020 have significantly affected almost all sectors of economy and life spheres, including the imple­mentation of customs affairs. Introduced changes in the trade and customs policy of count­ries of the world, legislative changes and quarantine measures have affected the activity of the customs authorities of Ukraine, which requires a separate study. Analysis of recent researches and publications has shown that the published up to date papers aren’t systematic and can’t claim to be a complete analysis of the problems and challenges related with the impact of the COVID-19 pandemic on customs affairs at the WCO level and in Ukraine. The aim of the paper is to analyze the WCO measures and the implementation of cus­toms affairs by the customs of the State Customs Service of Ukraine in the conditions of the COVID-19 pandemic. Materials and methods. General scientific methods such as the systematic approach, theo­retical generalization and comparison, analysis and synthesis have been used in the research. Results of the research. Globally, the WCO and partner organizations have develop­ped measures to achieve the balance between combating the spread of COVID-19 and ensuring continuity of supply chains. The quarantine measures introduced in the world and in Ukraine have affected the activities of the customs authorities of the State Customs Service. At the first stage, 94 checkpoints across the state border and points of control were temporarily closed, 38 of which remain closed till now. The total number of vehicles passed through the customs border of Ukraine in January-September 2020 compared with 2019 decreased by more than 2 times to 6.7 million units. The largest reductions were fixed for road, air and river transport. The total volume of customs declarations of the MD-2 form decreased by 5.7%. However, the number of other customs documents, according to which goods are sent in international postal and express shipments, has significantly increased. Conclusion. In the conditions of the COVID-19 pandemic, the WCO focused their attention of customs administrations on taking the necessary measures to protect customs personnel who in direct contact with citizens and carriers when crossing borders. The mea­sures introduced in Ukraine in connection with the spread of COVID-19 have affected the activity of the customs authorities of the State Customs Service. However, the customs officials carried out customs formalities promptly and according to the current legislation and international treaties of Ukraine.

scholarly journals Careless crime: state, dynamics, measures of general and special counteraction

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Specific Weight ◽  
The State ◽  
Scientific Methods ◽  
General Scientific ◽  
Scientific Substantiation ◽  
Criminal Legislation ◽  
Legislative Processes

The subject of the study is careless crime, taking into account the implemented national criminal law policy. The aim of the study is to investigate the scientific understanding, content and types of careless crime. Attention is focused on the state, dynamics of careless crime, measures of General and special counteraction to the specified social and legal phenomenon. The methodological basis of counteraction measures is formed by a set of General scientific and private scientific methods, which allowed to investigate the process of novelization of criminal legislation and its implementation at the law enforcement level. The main results of the study reflect the problems of prevention, prevention, General and special counteraction to careless crime, affecting the effectiveness of the implementation of the mechanism of criminal law regulation of social relations associated with crimes committed by carelessness or negligence. Conclusions concerning types of careless crime, its specific weight, the personality of the careless criminal, including scientific substantiation of the General and special counteraction measures are formulated. The scientific and practical validity of legislative processes is noted as the defining problem. The problems of implementation of the criminal law in the context of increasing rates of careless crime, actualizing the practice-oriented measures of counteraction, based on the state, structure, dynamics of the development of this social and legal phenomenon. Attention is focused on strengthening the sanctions of criminal law norms regulating increased responsibility for certain types of careless crimes, which in fact do not affect the reduction of criminal tension in the sphere of careless crime. The problematic issues of improving the quality of the criminal law and other normative legal acts providing prevention, prevention and counteraction to careless crimes are revealed. The focus is on improving the quality of activities of state authorities, self-government bodies and civil society institutions, increasing the level of control.

Human rights and positive obligations of the state

2021 ◽  
Vol 28 (3) ◽  
pp. 27-35
Author(s):  
Vitaliy B. Kovalchuk ◽  
Iryna M. Zharovska ◽  
Bohdan I. Gutiv ◽  
Bogdana B. Melnychenko ◽  
Iryna O. Panchuk
Keyword(s):  
Human Rights ◽  
The State ◽  
International Treaties ◽  
International Human Rights ◽  
Scientific Methods ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
General Scientific ◽  
International Human

At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to ensure these rights. Such obligations usually derive from international human rights treaties or from the interpretation of international judicial bodies that monitor the implementation of corresponding international treaties. Therefore, it is crucial for the doctrine and practice of international law in the field of human rights protection to analyse the positive obligations of the state, which are consolidated in international treaties and the practice of international judicial bodies. The purpose of this study is to analyse human rights and positive obligations of the state in the context of regional mechanisms for the protection of human rights. Among the general scientific methods, the study used the analysis and synthesis, as well as deduction, induction, prediction, modeling, analogy and other general scientific methods. A thorough study of the positive obligations of the state would be impossible even without the use of special methods of study and cognition, which include comparative legal, historical and legal, technical, and structural-functional methods. In particular, one of the leading research methods was the comparative legal method, which was used to study the practice of regional mechanisms for the protection of human rights. The study provides an overview of the modern interpretation of positive obligations of states. Specifically, this study focuses on the practice of the European, Inter-American and African Human Rights Courts in the context of applying the state's positive obligations

scholarly journals The Constitution and Public Administration

2018 ◽  
Vol 3 (2) ◽  
pp. 81-89
Author(s):  
Aksana Shupitskaya
Keyword(s):  
Public Administration ◽  
Research Methods ◽  
Social Relations ◽  
The State ◽  
Sociological Research ◽  
Main Task ◽  
Scientific Methods ◽  
Basic Law ◽  
State And Society ◽  
General Scientific

The article is devoted to the analysis of the ratio of public administration and the Constitution. At the same time, under public administration, the author understands the activities of state bodies and their officials to transform social relations for the benefit of society and the state. And under the Constitution – the Basic Law (or the sources of law) of the state and society, containing the system of constitutional principles and norms and ensuring the achievement and preservation of constitutional values. The main task of the author is to confirm that the Constitution is the basis and at the same time the framework of public administration, and the constitutional values are the purpose of its implementation. To reveal the question, such general scientific methods of cognition were used as analysis, synthesis and generalisation. Comparative legal, concrete sociological research methods, interdisciplinary and complex approaches attracted the attention of the researcher in the study of the problem.

Modernizing the lending facility under concession agreements

2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev
Keyword(s):  
Financial Structure ◽  
Bank Lending ◽  
Early Termination ◽  
Scientific Methods ◽  
Financial Condition ◽  
Revenue Collection ◽  
Analysis And Synthesis ◽  
Financing Mechanism ◽  
General Scientific ◽  
The Russian Federation

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.

Strategic threats to energy security as risks of quality of people's life

2020 ◽  
Vol 16 (4) ◽  
pp. 730-744
Author(s):  
V.I. Loktionov
Keyword(s):  
Quality Of Life ◽  
Energy Security ◽  
Well Being ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Economic Well Being ◽  
The Way

Subject. The article reviews the way strategic threats to energy security influence the quality of people's life. Objectives. The study unfolds the theory of analyzing strategic threats to energy security by covering the matter of quality of people's life. Methods. To analyze the way strategic threats to energy security spread across cross-sectoral commodity and production chains and influences quality of people's living, I applied the factor analysis and general scientific methods of analysis and synthesis. Results. I suggest interpreting strategic threats to energy security as risks of people's quality of life due to a reduction in the volume of energy supply. I identified mechanisms reflecting how the fuel and energy complex and its development influence the quality of people's life. The article sets out the method to assess such quality-of-life risks arising from strategic threats to energy security. Conclusions and Relevance. In the current geopolitical situation, strategic threats to energy security cause long-standing adverse consequences for the quality of people's life. If strategic threats to energy security are further construed as risk of quality of people's life, this will facilitate the preparation and performance of a more effective governmental policy on energy, which will subsequently raise the economic well-being of people.

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