scholarly journals A SOCIAL FUNCTION IN THE SYSTEM OF STATE FUNCTIONS

2020 ◽  
pp. 8-12
Author(s):  
A. Dmytryk ◽  
O. Ilyushyk
Keyword(s):  
European Union ◽  
Social Function ◽  
Legal Regulation ◽  
Social Processes ◽  
The State ◽  
The European Union ◽  
Social Functions ◽  
Social Purpose ◽  
The Social ◽  
Definition Of

The article deals with the social function in the system of functions of the state, namely the definition of this concept. In state functioning there is purposeful influence on various spheres of life, social processes and connections. In performing certain functions, the state affects social processes, their dynamics and directions through reforms, transformations, legal regulation of social relations. The implementation of social functions stabilizes the development of the society. The article provides an in-depth analysis of the definitions of the state social functions and provides its relevant concept. It can be argued that the definition of social functions of the state depends on a number of factors, namely legal, political, ideological, informational, etc. It is established that in the theory of the state and law much attention is paid to the study of the social functions of the state. It is determined that the social function of the state, as a dynamic one and inherent in a particular stage of development of the state determines the main activities of the state, expressing its essence and social purpose, aimed at implementing the goals and objectives. The Constitution of Ukraine, along with other tasks, sets the goal of forming a welfare state. The changes that have taken place as a result of the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, have radically changed the socio-political and socio-economic situation in the society, as well as the ideas on the purpose, priorities and methods of realization of the social function of the state. The social function of the state is one of the main activities carried out in the social sphere of public relations to provide citizens with a decent standard of living, resolve social contradictions and realize the agreed interests of citizens, based on socially recognized and legally established social standards. The purpose of this article is to study the social function of the state. Despite the significant number of scientific papers devoted to the study of issues, the harmonisation of national legislation to the requirements of the European Union initiates research on the social function of the state in the context of dynamic socio-economic changes. Keywords: a state, a function, a social function, the objectives of the state, classification, stability, a social purpose of the state.

scholarly journals Current Issues of Protection of State Sovereignty of Ukraine in the context of Globalization

2021 ◽  
Vol 28 (42) ◽  
pp. 58-73
Author(s):  
Dariia Melnykova
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
European Integration ◽  
Legal Regulation ◽  
Research Topic ◽  
The State ◽  
State Sovereignty ◽  
Modern World ◽  
The European Union ◽  
Definition Of

Abstract The relevance of the research topic is based on modern rapid European integration trends in Ukraine and the definition of one of the main vectors of foreign policy accession to the European Union, among the prospects of which is the need to protect Ukraine’s state sovereignty. The purpose of the article is to study the essence of sovereignty in the modern world and the relevance of the protection of state sovereignty on the example of Ukraine. The paper reveals the essence of sovereignty in the context of globalization of society. Along with this, the article analyzes the main trends in the formation of state sovereignty on the example of Ukraine. Also, it determines the main characteristics of state sovereignty in terms of integration. Finally, the paper reveals the content of the main integration vectors of Ukraine and their impact on state sovereignty. The scientific novelty of this study lies in the innovative understanding and justification of the essence, feasibility and necessity of protecting the state sovereignty of Ukraine during integration processes. The author proposes to improve the legal regulation of the prospects of Ukraine’s integration, based on the elaborated works of domestic and foreign researchers and her own vision of the problem.

scholarly journals Impacts of the online gambling prohibition policy: a comparative survey of Brazil versus the European Union

2020 ◽  
Vol 41 (85) ◽  
pp. 51-85
Author(s):  
João Ricardo Catarino ◽  
José Duarte Cordeiro ◽  
Ricardo de Moraes e Soares
Keyword(s):  
European Union ◽  
The State ◽  
Online Gambling ◽  
The European Union ◽  
Gambling Activity ◽  
Social Functions ◽  
The Social ◽  
Comparative Survey ◽  
Case Based ◽  
Brazilian Case

Online gambling is a form of gambling. Its direct ban or lack of regulation leads to loss of revenue. These are used to support the social functions of the state. In this research we analyse the estimates about the relevance of online gambling, taking as a reference the European Union where online gambling activity is allowed. These data are compared with estimates for Brazil that does not allow online gambling. Some principles on game regulation are proposed, which can serve the Brazilian case, based on the experience of European and world regulation.

scholarly journals TRANSFORMATION OF THE SOCIAL FUNCTION OF THE STATE: CONCEPTUAL APPROACHES

2021 ◽  
Vol 06 (04(01)) ◽  
pp. 72-77
Author(s):  
Iryna Kolosovska Iryna Kolosovska ◽  
Radosław Zagórski Radosław Zagórski
Keyword(s):  
Social Justice ◽  
Cultural Context ◽  
Social Function ◽  
The State ◽  
Practical Implementation ◽  
Social Risk ◽  
Social Functions ◽  
Social Risks ◽  
Role Of The State ◽  
The Social

This article conceptualizes modern approaches to the transformation of the social function of the state in the context of the influence of globalization processes, the ambiguity of the formation of the socio-cultural context, the actualization of the latest risks and threats associated with the spread of the COVID-19 pandemic. We accentuate the inconsistencies and contradictions between the declared social priorities and the inefficiency of the management mechanisms of their practical implementation. The article substantiates the priority directions of the regulatory role of the state in the context of social risk management, formation of social security, adherence to the principle of social justice, and harmonization of interests of representatives of various social groups. Key words: public administration, state, social functions, governance mechanisms, globalization, social risks, COVID-19 pandemic, social justice.

scholarly journals Estereotipos en el derecho de asilo: un derecho estático para unas personas en movimiento / Stereotypes in Refugee Rights and Law

2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Silvia Concha Horrillo
Keyword(s):  
European Union ◽  
Critical Mass ◽  
The State ◽  
The European Union ◽  
International Protection ◽  
General Terms ◽  
Asylum Law ◽  
The Social ◽  
Low Levels ◽  
Social Critical

ABSTRACTIn matters regarding asylum and refuge, Spain maintains very low levels of applications and concessions compared to nearby States despite incorporating a reason, in my understanding a particularly transcendental reason for many people´s lives, such as protection for gender reasons. However, the social critical mass does not see these numbers, in general terms, as inappropriate and in turn, they allow the State to meet commitments on this issue. So, I am considering the possibility that Spain is using pity and risk policies to manipulate the notions of dignity and justice that society holds on this issue, to be able to meet targets required at all levels and soothe our conscience for what is done in terms of migration. Therefore, regarding what corresponds to refugees in terms of justice and despite it being clear that the asylum law does not always use stereotypes, nor are applications denied because of them, on many occasions people´s voices have been silenced when they apply for international protection so as not to be framed within the policy of a refugee established by Spain, the European Union and more widely the Western imaginary.RESUMENEn materia de asilo y refugio, España mantiene unos niveles muy bajos de solicitudes y concesiones en comparación con los Estados vecinos, a pesar de la incorporación de una razón particularmente trascendental a mi entender para la vida de muchas personas, como es la protección por razones de género. Sin embargo, la masa social crítica no percibe estas cifras, en términos generales, como inapropiadas y, a su vez, permiten al Estado a cumplir con los compromisos en esta materia. Por lo tanto, consideramos la posibilidad de que España está aplicando políticas de riesgo y de lástima para manipular las nociones de dignidad y justicia que la sociedad tiene sobre este tema, para poder alcanzar las metas requeridas en todos los niveles y calmar nuestra conciencia de lo que se hace respecto a la migración. Por lo tanto, respecto a lo que corresponde a los refugiados en términos de justicia, y a pesar de ser evidente que la ley de asilo no siempre utiliza estereotipos, ni niega las solicitudes por causa de ellos, en muchas ocasiones las voces de la gente han sido silenciadas cuando solicitan protección internacional que no se enmarca dentro de la política de refugiados establecida por España, la Unión Europea y, más ampliamente, el imaginario occidental.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

Cooperatives in Ukraine: Applicative Peculiarities of Legal Integration up to the EU Standards

2019 ◽  
Vol 9 (5) ◽  
pp. 1789
Author(s):  
Valentyna A. VASYLIEVA ◽  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
The European Union ◽  
European Union Law ◽  
Social Nature ◽  
The Social ◽  
Market Relations ◽  
The Eu

The article deals with the peculiarities of the processes of adaptation of the legal regulation of cooperatives in post-socialist states (as exemplified by Ukraine) to the requirements of the European Union. Such features are formed taking into account historical, social and economic prerequisites of the development of the modern legal framework of Ukraine. Authors are focused on problems of pecuniary autonomy of cooperatives; the possibility of its full-fledged activities as the parties to market relations; implementation of legal mechanisms that can increase competitive advantage of cooperatives in present-day conditions; increase the level of security and protection of rights and interests of cooperative members. It is proved that the effective entrepreneurial activity of the cooperative is rather compatible with the social nature of the latter, moreover – it contributes to the implementation of such a nature. Behind the arguments in favor of such an approach there is the principle declared in the practices of the European Union law – the focus of cooperatives on the affirmation of the interests of its members.

scholarly journals Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?

2016 ◽  
Vol 23 (1) ◽  
pp. 5-35
Author(s):  
Silvia Favalli ◽  
Delia Ferri
Keyword(s):  
European Union ◽  
Case Law ◽  
Social Model ◽  
The European Union ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Court Of Justice ◽  
The Social ◽  
Definition Of ◽  
Employment Equality

In recent years the European Union (eu) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, eu non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (cjeu) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under eu law. The cjeu, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the concept of sickness. Against this background, this article critically discusses recent case law and attempts to highlight that, even though the Court has firmly embraced the social model of disability envisaged by the un Convention on the Rights of Persons with Disabilities, the boundaries between the concepts of sickness and disability remain blurred.

scholarly journals TELEPRACA JAKO PRZEDMIOT POROZUMIENIA RAMOWEGO Z DNIA 16 LIPCA 2002 R.

2017 ◽  
Vol 8 (1) ◽  
pp. 205
Author(s):  
Sylwia Karbowska
Keyword(s):  
European Union ◽  
Legal Status ◽  
Historical Background ◽  
The European Union ◽  
Framework Agreement ◽  
The Social ◽  
Social Partners ◽  
The Subject ◽  
Definition Of

Telework as the Subject of the Framework Agreement Dated 16 July 2002SummaryThis article deals with the rules of conducting a telework that were approved by the social partners at the European Union level in a form of an autonomous agreement.The first chapter describes the recent changes in work environment, including a dynamic development of modern information and telecommunication technologies, which have enabled an introduction of more flexible solutions to the organization of work a telework being one of them. It shows the circumstances in which the idea of a telework emerged as well as the increase in its popularity in the world.The second chapter covers the historical background of concluding the Framework Agreement on a telework in the light of the social dialogue development at the level of European Union’s institutions. The consultancy procedure for the social partners defined in the articles 137-139 of the Treaty Establishing the European Community was mentioned as the basis for concluding the autonomous agreements. The legal status of the Framework Agreement is also clarified therein.The third chapter describes the solutions adopted by the Framework Agreement, including a definition of a telework incorporating its internal differentiation, features of teleworking as well as the rules of conducting the telework according to European social partners.In the final chapter, the author raised the issue of implementing the rules of the Framework Agreement in selected countries of the European Union and emphasised the difficulties that have emerged.

Legal principles of public administration for the invention of innovative medicines: European experience

2021 ◽  
Author(s):  
Stanislav Vasyliev
Keyword(s):  
European Union ◽  
Public Administration ◽  
Financial Support ◽  
Legal Regulation ◽  
The State ◽  
The European Union ◽  
State Service ◽  
European Legislation ◽  
European Experience ◽  
The Creation

Formulation of the problem. The creation of innovative medicines is the key to increasing the competitiveness of the pharmaceutical sector of Ukraine’s economy. Going through European integration requires bringing Ukrainian legislation, which regulates various sectors of the economy, in line with European legislation. The study of the European experience of legal regulation of medicines development is characterized by relevance. The state of the problem research. Problems of innovative activity in the field of medicines creation are investigated in scientific works of such Ukrainian scientists as V. M. Pashkov, S. V. Glibko, Yu. V. Heorgievsky, O. G. Alekseev, and T. A. Kolyada. European authors who have studied scientific activity problems in pharmacy are Philip A. Hines, Rosanne Janssens, Rosa Gonzalez-Quevedo, Ralf Arno Wess, and Constantinos Ziogas, Ivana Silvia. The purpose of the study is to develop proposals for amendments to Ukrainian legislation governing public administration in the sphere of medicines creation, taking into account the European experience. Presenting main material. State regulation of the creation of innovative medicines in Ukraine and the European Union is carried out in the following areas. The first is the creation and financial support of research institutions that develop innovative medicines. Second, the identification of research that needs public financial support on a competitive basis. Public administration bodies shall establish the procedure for registration of medicinal products or obtaining a trade license for placing a medicinal product on the market. Legislation and bylaws define the conditions for licensing the production of medicines. The differences in the legal regulation of the creation of medicines under Ukrainian and European legislation are as follows. First, in the European Union, licenses for marketing medicines are issued by the European Medicines Agency. At the same time, in Ukraine, the registration of medicines is entrusted to the Ministry of Health of Ukraine. Secondly, in the European Union, licenses for medicines production are issued by the national authorities of the EU member states. At the same time, the issuance of such licenses in Ukraine belongs to the competence of the State Service for Medicines Trafficking and Drug Control. Conclusions and prospects for further research. The implementation of European legislation governing the development of medicines may consist of further amendments to Ukrainian legislation in the field of circulation of medicines. Firstly, to consolidate the medicines registration function to the State Service for Medicines Trafficking and Drug Control of Ukraine. Secondly, to define one of the service’s tasks as providing advice to medicines developers on clinical and preclinical trials and medicines registration. It is also necessary to assess the environmental risk due to the use of a new medicinal product during its registration.

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