The main aspects of legal regulation of medical examination of persons entering into marriage

2021 ◽  
pp. 454-464
Author(s):  
Pavel V. Vetrov ◽  
Viktor V. Krasnikov
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Medical Examination ◽  
The People ◽  
Foreign Countries ◽  
The Family ◽  
Its Gene ◽  
Healthy Family ◽  
The Right ◽  
Family Code

At all stages of the existence of the state, one of its main tasks is the care and protection of the health of the people and the preservation of its gene pool. The solution to this problem is impossible without the direct par-ticipation of the state in creating a full-fledged and healthy family, as well as taking direct measures to prevent the birth of children with congenital dis-eases and diseases transmitted by inheritance, which is expressed in the legal regulation of medical examination of persons entering into marriage. We analyze the legislation of foreign countries. We state two approaches to regulating this issue, where some states adhere to the position that premarital medical examination is a right, not an obligation, while others hold the exact opposite opinion. We establish contradictions between the norms of family law and the norms of the family code with the norms of federal regulations. We identify the reasons for the lack of a mechanism for exercising the right to free medical examination of persons entering into marriage. Taking into account foreign legislation and on the basis of the identified problems of the implementation and protection of the right to free medical examination of persons entering into marriage, we propose amendments and additions to the Family Code of the Russian Federation.

scholarly journals LEGAL REGULATION OF THE “BIOLOGICAL” PROTECTION OF MARRIAGE AND FAMILY: ISSUES OF BALANCING BETWEEN THE RIGHT TO MEDICAL SECRET AND THE RIGHT TO CONSCIOUS MARRIAGE

2021 ◽  
Vol 74 (11) ◽  
pp. 3009-3015
Author(s):  
Oksana M. Ponomarenko ◽  
Yuriy A. Ponomarenko ◽  
Kateryna Yu. Ponomarenko
Keyword(s):  
State Policy ◽  
Legal Regulation ◽  
The State ◽  
Medical Examination ◽  
Marriage And Family ◽  
The Family ◽  
Biological Protection ◽  
The One ◽  
Object Of Study ◽  
The Right

The aim: The purpose of this article is to analyze the state policy of several states in creating an effective mechanism in which persons entering into marriage will be able to obtain the necessary information about the state of each other’s health and thereby make an informed decision about registering a marriage, protecting the health of each other and future offspring. Materials and methods: In the course of the study, a comparative analysis of the legal means used by some states in the field of biological protection of marriage was carried out. First of all, a study was carried out of the family legislation of states with different approaches to the system of premarital medical examination of persons entering into marriage. In addition, the scientific works of scientists from different countries were used, the object of study of which was the problems associated with the biological protection of marriage. The work also used the results of surveys that were conducted in some countries and highlighted in published scientific works. Conclusions: Health information is essential when deciding whether to marry. Hiding such information can seriously harm the partner’s health and children born in such a union. The task of the state is to find a middle ground, in which the balance of interests of the person, whose medical examination revealed health problems (the right to medical secrecy), on the one hand, and the person with whom it is planned to register a marriage (the right to health protection; the right on the voluntariness of marriage).At the same time, the emphasis in state policy on the biological protection of the family should be placed on preventive measures, including non-legal means of information.

REFERENDUM AS A FORM OF DIRECT DEMOCRACY

2017 ◽  
Author(s):  
Oleksandr Kalinichenko ◽  
◽  
Vadim Golovchak ◽  
Keyword(s):  
Direct Democracy ◽  
Legal Regulation ◽  
Democratic Society ◽  
The State ◽  
The People ◽  
The Subject ◽  
The Right

The article states that a referendum is an election, a popular discussion and a poll, is the right of real sovereign and supreme will of the people, but in its content and form of implementation. Scientific approaches to the researched problem are analyzed. In the course of the study it is substantiated that the referendum will be an effective too for exercising the right of peoples sovereignty only if the state is dominated by a democratic society, method of legal regulation, realization tool, peoples sovereignty, democratic spirit, that is the subject and method of legal regulation of the referendum differs significantly from other forms of democracy.

scholarly journals Formation and development of the doctrine of heirless (vacant) succession in Ukraine

Legal Ukraine ◽  
2020 ◽  
pp. 6-11
Author(s):  
Oleksandr Nelin
Keyword(s):  
Legal System ◽  
Primary Source ◽  
Legal Regulation ◽  
Civil Code ◽  
The State ◽  
International Standards ◽  
Legal Tradition ◽  
The Family ◽  
Household Assets ◽  
The Right

The author studied the formation and development of the doctrine of heirless (vacant) succession in Ukraine. It has been determined that the probate law in Ukraine, as well as other legal phenomena, has followed its evolution, development and enrichment upon various historical stages of Ukrainian people and was closely tied with the existence or absence of Ukrainian statehood. The modern standards in this particular field of legal relations have been gradually established. The Kyiv State did not have the institution of heirless property because household assets of the ancient Ruthenian family were in collective property of the whole family and not in the property of an individual father-householder. That is why it was not succession but a mere redistribution of household assets remaining in joint possession within the family. The term «heirless property» was first specified in Lithuanian-Ruthenian state in Lithuanian Statutes (1566): if there were no heirs-at-law and by will, the property was acknowledged as heirless and devolved upon the state. For the legal system of Hetmanship era the primary source was the ancestral character of succession and devolution of the inheritable property to a public entity was an exception. Moreover, in Ukrainian legal tradition, the visible is the competition between acknowledging a vacant succession as an heirless property and extension of the institution of succession upon these relations. In Ukrainian SSR heirless succession devolved upon state. Modern civil law of Ukraine lacks the concept of heirless property (succession). The new Civil Code of Ukraine (2003) introduces the concept of «heirless succession» (Art. 1277). Ukrainian law applies European and international norms and standards. Along with this, the process must comply with the legal mentality of the Ukrainian people, with values and authenticity of its legal culture. Having adopted the Civil Code, Ukraine made and important step to the integration into the continental legal system, and the probate law acquired a new concept of heirless succession, when: firstly, available succession may be declared in judicial proceeding as heirless, and after that it devolves upon territorial community where it was commenced; secondly, the state is excluded both from the circle of heirs-at-law and from the circle of the entities-heirs of the succession acknowledged as heirless. The author specifies that the Ukrainian legislators did not take into account the Euroean experience during codification of the civil legislation, hence there are a number of issues that must be dealt with, so that Ukrainian legal system could completely meet the international standards. In EU countries the holder of the right for the heirless property is the state, in Ukraine it is a territorial community which outweighs the efficiency of the function of non-subjectivity elimination what heirlessness is intended for. Since a territorial community does not and cannot own so much civil capacity as the state. The author reveals some drawbacks in legal regulation of the issue and develops proposals to improve the probate law in Ukraine. Key words: succession, heirlessness, heirless property, legator, legatee, territorial community.

scholarly journals Issues of person’s marriage age under the current Family Code of Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 124-128
Author(s):  
Krystyna Rezvorovych
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Scientific Article ◽  
Main Criterion ◽  
Marriage Age ◽  
The Family ◽  
Minimum Age ◽  
The Right ◽  
Age Of Marriage ◽  
Family Code

The scientific article analyzes the issue of marriage age of a person under the legislation of Ukraine. The historical retrospective of this issue and the experience of legal regulation of other countries are also explored. It is noted that the marriage age in all states is approximately the same. Although in some countries, as a whole, no minimum age is required for a marriage union. Marriage must be reached on the day the marriage is registered, which means that a person who has not yet reached the marital age but can reach it no later than one month after the date of application. Family law provides for the possibility of granting the right to marriage to a person who is not yet married. Marriage to a person under the age of 18 is a matter for the court. According to the law, the limit to which the marriage age can be clearly set, but the specified norm of family law does not even contain an approximate list of exceptional cases, which is the basis for granting the right to marriage to a person who has not reached the age of marriage. It is proposed to make provision in Article 23 of the Family Code of Ukraine, which would provide an approximate list of reasons why persons may marry before they reach the marriageable age, namely: birth of a child, pregnancy, cohabitation, serious illness, and any other circumstances that justify and make expeditious marriage expedient. Parental consent is not required to resolve the issue of reducing the age of marriage. However, their position on the matter should be clarified in the lawsuit. Parents' opinion may help to establish the true circumstances of the case and to determine whether the granting of this right is in the interests of the minor, since this is the main criterion for satisfying the application for the right to marry.

Konsistensi Implementasi Hak Menguasai Negara Dalam Upaya Mengatasi Dominasi Perekonomian Asing Guna Mewujudkan Kemandirian Ekonomi Nasional

Jurnal Hukum ◽  
2014 ◽  
Vol 30 (2) ◽  
pp. 1477
Author(s):  
Suparji Suparji
Keyword(s):  
The State ◽  
Economic Activities ◽  
The People ◽  
The Right

 AbstractThe president—Jokowi, has a mandate from the people to make Indonesia to be more equitable and prosperous. In order to fulfill this mandate, he has set nine priority programs known as the concept of Nawa Cipta. This program calls for concrete steps so as not merely a wish list. The most fundamental thing in economics field is how the constitutional mandate that the right to dominate the state can be realized in the management of economic activities, including in dealing with foreign economic domination in IndonesiaKeywords: implementation, the right to dominate the state, foreign economic domination.  AbstrakPresiden Jokowi telah mendapatkan mandat dari rakyat untuk mewujudkan Indonesia yang lebih adil dan sejahtera. Dalam rangka memenuhi mandat tersebut, telah ditetapkan sembilan program prioritas       yang dikenal dengan konsep Nawa Cipta. Program ini tentunya memerlukan langkah-langkah kongkret sehingga tidak sekedar menjadi daftar keinginan. Hal yang paling mendasar dalam bidang ekonomi adalah bagaimana amanat konstitusi yakni hak menguasai negara dapat diwujudkan dalam pengelolaan kegiatan perekonomian, termasuk dalam mengatasi dominasi perekonomian asing di Indonesia.  Kata kunci: implementasi, hak menguasai negara, dominasi perekonomian asing  

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

Unfulfilled Promise: Palestinian Family Reunification and the Right of Return

2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra
Keyword(s):  
United Nations ◽  
Family Reunification ◽  
The State ◽  
Early Years ◽  
Successor State ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Family ◽  
The Creation ◽  
The Right

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

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