Probation Services for Children in the General Mechanism of Realization and Protection of Minors: The Social and Legal Aspects (The Experience of Russian and International Standards)

2015 ◽  
Vol 1 (4) ◽  
pp. 68-75
Author(s):  
T.K Rostovskaya ◽  
◽  
A.E. Tarasova ◽  
Author(s):  
Nataliia Ivanivna Kryvokon

Urgency of the research. The urgency of developing ideas about supervision as a component and condition for successful reformation of the domestic social services system is due to the introduction of the new Law of Ukraine "On Social Services". Target setting. For many social workers supervision remains a rather confusing technology, one that causes internal resistance and tension. An important task within the reformation of the social services is the development of ideas about the rules, standards and features of the organization and conduction of supervision. Actual scientific researches and issues analysis. The article mentions the work of scientists, who develop approaches to supervision understanding its essence, various forms and models, analyze barriers and resources of this activity, consider international standards of supervision, outline the requirements for the qualification of the supervisor, etc. Uninvestigated parts of general matters defining. The analysis of the peculiarities of this type of activity in the context of case technology as well as the coverage of modern existing regulations which determine the value, procedural and legal aspects of supervision and the peculiarities of interaction of its subjects, are uninvedtigated. The research objective. The purpose of the publication is to expand scientific ideas about standards of supervision as a component of case management. The statement of basic materials. The role of supervision in the context of case management technology is considered. An annotated overview of international supervision standards that determine its content and procedures is presented. Values and principles of supervision according to domestic documents are described. Conclusions. During developing national standards of supervision in social work, it is important to take into account the regulation of its administrative, educational and supportive components as well as the fact that it should be based on humanistic values, confidentiality and respect.


2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.


2021 ◽  
Vol 20 (2) ◽  
pp. 123-139
Author(s):  
Katarzyna Jadach

The key issue of this article is inclusive education in connection with the formal and legal aspects of students’ safety when they are staying in educational institutions. In the first part, author describes the basic assumptions of the social model of education and it’s international conditions, also referring to solutions that have been recently implemented in the Polish education system. The second part indicates the problems that may be met by educational institutions and teachers trying to achieve a state of full inclusion. They relate to the school’s caring function in terms of security guarantees. The diversity of student population, especially wide range of educational needs may make it impossible for teachers to develop specific approach to individual pupil. It’s caused by formal items, largely determined by the financial situation of particular local government units.


2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.


Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.


Author(s):  
Марина Козырева ◽  
Marina Kozyreva ◽  
Александр Криони ◽  
Alexander Krioni ◽  
Николай Морозов ◽  
...  

The paper features some sociocultural and legal aspects of social activity executed by various subjects of the credit relations in the Russian Federation. The focus is made on the banking sector. The authors use culturological and activity approaches to legal and illegal actions of credit institutions and demonstrate some specific traits of administrative offenses in this sector. The paper also describes the culture of credit loans, in particular, that of microfinance institutions. The authors believe that this kind of activity is aimed at gaining and can be characterized as immoral. They studied behavioral stereotypes of borrowers and credit institutions to classify the social activities of the credit relations subjects. A high level of social activity of borrowers is directed to satisfaction of physiological requirements and security needs. The social activity of credit institutions is mostly limited by its respect for legal standards and improving the level of culture of loan granting. Hence, if the social activity of credit relations subjects that meets cultural and legal standards, it contributes to the development of national economy.


Author(s):  
Luidmila Pastushenko

The article presents the first attempt of a complete and systematic analysis of historic and theological publications of teachers and pupils of the Kyiv Theological Academy in the second half of the 19th – beginning of 20th century in the field of studying the history of relations of Catholicism and Protestantism with Orthodox on the Ukrainian lands. The specifics of Kyiv academic historians studies was determined by the social and-political circumstances in the middle of the 19th century and denoted by an attempt to comprehend this issue in the perspective of the history of interconfessional relations of two Western Christian traditions with the eastern tradition of Orthodoxy in the historical gap of the 16th – 17th centuries – the period of the largest confrontation in confessional relations in Ukraine. The author clarifies the characteristic features of researching the question of inter-confessional interaction in the 15th – 17th centuries, which are expressed in attempts to describe the coexistence of three denominations as multidimensional and provoking а variety of different interpretations. Historical studies present the attempt to show confessional interaction in the political and legal aspects and to provide historical interpretations to the ground of philosophy of history. The article proves the tendency of Kyiv academic researchers to move away from the established Russian historiography of the 19th century view at confessional relations in Ukraine through the prism of hard confrontation and outline in religious life Ukraine conditions and circumstances of inter-confessional dialogue. Also, historians in their studies repeatedly note the significant educational and outlook influence of Western Christian denominations on the formation of educational, cultural, theological, literary traditions in Ukraine.


Buildings ◽  
2018 ◽  
Vol 8 (10) ◽  
pp. 130 ◽  
Author(s):  
Nisreen Ardda ◽  
Ricardo Mateus ◽  
Luís Bragança

The priorities in the design of more sustainable buildings are quite dependent on the specific social context. In developing countries, the sustainability concept and priorities in the residential buildings sector are quite different from the ones of the developed countries, since there are still basic needs to answer. Therefore, this research is aimed at contributing to a better understanding of the concept of social sustainability in the residential building sector of the developing countries. A methodology to define and prioritise the social sustainability indicators is proposed and applied in the context of Palestine. The presented methodology is based on the sustainability indicators of international standards, on the most well know building sustainability assessment methods and in the analysis of their application to a specific context. It includes a methodology to prioritise the list of social indicators, by considering the expectations of two groups of building stakeholders: designers and building users. At the end, this research proposes a framework of social aspects to consider in the design of more sustainable residential buildings in West Bank, Palestine that is composed of twenty-one indicators, distributed among six sustainability categories and ranked according to their weight in the overall of sustainability level.


Author(s):  
Dmitry V. Agashev ◽  
◽  
Sergey G. Trifonov ◽  
Kristine V. Trifonova ◽  
◽  
...  

The article assesses the EU legal system as a unique institutional unit and highlights its features. It deals with the comparative legal aspects of the regulation of the social welfare of migrant workers in the EU and the EAEU. Attention is paid to the study of legislation on social welfare for migrant workers in the EU, as well as the possibility of realizing the experi-ence accumulated within the EAEU. It is emphasized that the use of comparative models con-cerning the social welfare of migrant workers in the EU and the EAEU can be productive, taking into account the analysis of the state and dynamics of the EU's legal policy in its historical development. The authors have analyzed the historical stages reflecting the difference within the EU approaches to the regulation of social welfare relations for migrant workers. The emphasis is on the role of EU administrative institutions, which provide a balancing approach to the key principles and social policy settings, due to the desire to eliminate distortions and possible conflicts between the norms of states. At the same time, EU members have the competence within the existing common standards of financial security obligations to expand the estab-lished standards and this makes the EU's social policy geographically differentiated. It is noted that the allied states, formed on trade and economic grounds, such as the EU and the EAEU, are characterized by an objective desire for a single legal space, with the uni-fication of approaches on the social welfare of migrant workers throughout the Union. Never-theless, in complex interstate unions, it is impossible to abandon the principle of multi-level regulation of social and security relations, and in this sense, the situation in the EU and the EAEU is quite similar. The current state of EU law in terms of regulating the relations under consideration largely preserves national legal regimes, and each of them, through its special legal means, determines a different amount of social rights of migrant workers. In the context of the EAEU, a similar approach should not be considered productive, since it does not contribute to the goals of this interstate association, defined by Article 4 of the Treaty on its creation. Therefore, within the framework of the EAEU, it is advisable to fix as early as possible the uniform standards in the area of social welfare of migrant workers, estab-lishing a relatively narrow range of powers of the member states of the Union.


2021 ◽  
Vol 47 (2) ◽  
pp. 113-119
Author(s):  
S. Imanbayev ◽  
◽  
D. Tel’zhanova ◽  
◽  
◽  
...  

The article examines the origins of the creation of the probation service in Kazakhstan, its introduction into the sphere of criminal executive law, goals and objectives. The measures for the implementation of probation control, its role in the provision of qualified psychological assistance to juvenile offenders are considered. The ways of implementing probation control at the present stage are also indicated, the main tasks of the state are presented, program documents aimed at further development and improvement of the probation service are studied. Studied and presented statistical data on the dynamics of juvenile delinquency in the republic. The psychological characteristics of minors are analyzed, in respect of whom it is necessary to carry out a comprehensive and regular analysis of their specific needs. The creation of a specialized staff of trained employees to provide social and legal assistance to minors is emphasized and argued. This paper also raises the question of the need to introduce specialization of the penitentiary psychologist in the universities of the Republic of Kazakhstan in order to achieve high results in the prevention of juvenile delinquency. To comply with international standards in the field of protecting the rights and freedoms of minors, crime prevention, attention is focused on complementing national legislation with the norms of UN international documents.


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