scholarly journals Establishment of state language institute in Ukraine

2019 ◽  
pp. 13-19
Author(s):  
T.O. Ryabchenko ◽  
D.V. Murach
Keyword(s):  
Legal Regulation ◽  
The State ◽  
National Language ◽  
Historical Period ◽  
The People ◽  
The Status ◽  
The Subject ◽  
Linguistic Relations ◽  
State Language

The article deals with the peculiarities of becoming a constitutional-legal institute of the state language in Ukraine. The main part of the research is devoted to the analysis of the laws of origin of the considered institute, the prerequisites of the modern stage of its development, and therefore the generalization of the factors that led to the establishment and final consolidation at the legislative level of the status of the state language in the context of creating the national language of the people of Ukraine, the establishment of the Ukrainian political nation. Within the framework of this article, considerable attention is given to the characterization of the stages of the genesis of the institute of the state language, starting from the 9th to the beginning of the twentieth centuries. The author of the article emphasizes the conditions that contributed to the formation of regulations in the field of language policy in Ukraine. The subject of the study is the legal monuments of Ukraine, the legislation in force in the territory of Ukraine during the period under review, which regulated the language relations and, consequently, the approval of the state language as a legal institute. Critical analysis of the normative mechanisms of functioning of the Institute of the State Language was carried out. It is suggested to take into account certain features of the legal system, characteristic of a specific historical period of development of Ukraine. This approach, in the author’s opinion, is expedient, since it provides an opportunity to distinguish the main stages of becoming a state language as an institution of constitutional law and to understand the mechanism of constitutional and legal regulation of linguistic relations. At the same time, a chronological division of the process of formation of the state language institute into periods according to belonging to the stages of its formation was made. The regularity of the relevant division is determined, which defines the purpose of this study, and therefore, the legal characterization of the selected periods and stages of formation of the Ukrainian language, the search for regularities in their correlation. Keywords: constitutional-legal institute, state language, Ukrainian language, periods of formation of state language institute.

scholarly journals The status of a Deputy in the system of the state and municipal positions

2021 ◽  
Vol 2021 (1) ◽  
pp. 54-60
Author(s):  
Alla Gutorova
Keyword(s):  
Internal Structure ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
The Public ◽  
The People ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.

scholarly journals Legislative regulation of linguistic relationships in Ukraine

2019 ◽  
pp. 127-144
Author(s):  
Iuliya Makarets
Keyword(s):  
Language Policy ◽  
The State ◽  
Political Support ◽  
National Language ◽  
State Legislation ◽  
World Community ◽  
Linguistic Model ◽  
Legislative Regulation ◽  
The Status ◽  
State Language

The article focuses on the issue of legislative regulation of linguistic relationships in Ukraine. The ability of a national language to function as a means of consolidation and national identification depends to a large extent on state linguistic policy, political support that the language receives. The state legislation on language is indicative in this regard while it establishes the status of languages, the linguistic model and the linguistic regime. In accordance with the Constitution of Ukraine, the Ukrainian language is a state language in Ukraine. The dynamics of the Ukrainian legislation on languages illustrates the inconsistency of the implementation of this constitutional norm. The article analyzes the milestones of its formation. The content of the basic laws in the sphere of linguistic relationships (Law of the USSR ‘On Languages in the Ukrainian SSR’ (1989), the Law of Ukraine ‘On the Principles of the State Language Policy’ (2012), which is invalid now, and the new Law of Ukraine ‘On the Functioning of the Ukrainian Language as a State Language’ (2019)), the socio-political tendencies, that preceded their adoption, their evaluation by tpublic and world community as well as their consequences for linguistic situation in Ukraine are described. The possibility of official bilingualism approving is studied. The article analyzes historical, cultural and political preconditions for the adoption of official bi- or multilingualism by other states, acceptability of this linguistic model for Ukraine and possibility to overcome existing linguistic contradictions.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

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 The Implementation of Language Policy in Ukraine at the Legislative Level: Implications and Prospects

2019 ◽  
pp. 13-20
Author(s):  
Tetiana Prystupenko
Keyword(s):  
Language Policy ◽  
The State ◽  
National Language ◽  
Essential Condition ◽  
Constitutional Level ◽  
The People ◽  
Public Areas ◽  
Regional Languages ◽  
Ukrainian Society ◽  
State Language

The relevance of studying the features of language policy implementation in Ukraine at the legislative level is based on the increasing understanding of Ukrainian language importance as an integral component of ensuring a nation’s identity and unity of the people as well as supporting for statehood. The main objective of the article is to study the implications and prospects for implementation of the language policy in Ukraine, taking into account the latest legislative innovations. The methodological framework provides for the use of methods of analysis, synthesis and a systematic approach for a comprehensive consideration of the processes of implementation of national language policy at the legislative level. To study the changes in the legislative regulation of language policy during the period of independence of Ukraine, the methods of study of documents and retrospective analysis were applied. The attitude of scientists to the situation of bilingualism has been also studied using the methods of comparison and generalization. As a result of the research, it was revealed that formation of a clear language policy is an essential condition for promoting the cohesion of a multi-ethnic Ukrainian society, inasmuch as the existing situation of bilingualism leads to a disunity of the nation. Although the Ukrainian language is defined by the state at the constitutional level, however, its introduction into all spheres of public life until 2014 was quite slow, especially in the eastern and southern regions. Since 2010, the language policy was actually aimed at reducing the use of the Ukrainian language and the dominance of Russian in the information and cultural space of Ukraine. Since 2012, Ukraine had a law that provided for legitimization of “regional languages” in certain areas (it was declared as unconstitutional one in February 2018). The prospect of implementation of language policy at the legislative level is adoption of the Law “On ensuring the functioning of the Ukrainian language as the state language” (passed the first reading on October 4, 2018), which defines the Ukrainian language as the only state language, establishing the requirements for fluency in the Ukrainian language and its use in the work of state authorities and public areas.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

scholarly journals Image of Motherland: Justification and Approbation of Diagnostic Tools

2020 ◽  
Vol 13 (4) ◽  
pp. 205-219
Author(s):  
M.V. Tarasov
Keyword(s):  
Human Mind ◽  
The State ◽  
Research Interest ◽  
Diagnostic Tools ◽  
Nature And Culture ◽  
First Case ◽  
The Status ◽  
Patriotic Education ◽  
Education Today ◽  
The Subject

The topic of patriotic consciousness and patriotic education today claims to the status of a nationwide idea, so the research interest in this issue is unusually high. The study of patriotic consciousness should begin with an analysis of the subject which the patriotic feelings of citizens are directed on. This subject is the motherland and its image in the minds of citizens. The article gives an overview of the data, which is used for the semantic deferential method «Image of Motherland» and the procedure of studying of the image of the Motherland based on this method. The sample was 165 respondents. Based on the results obtained, it is concluded that the use of this methodology is a tool, which lets us to determine social ideas about the image of the Motherland. It has been proved that the image of the Motherland in consciousness reflects the ideas about the country and the state in which the respondents were born and raised, it is not associated with a so-called “Small homeland”, but with a certain commonality of territory, nature and culture. There is reason to believe that the image of the Motherland in the human mind can be viewed as an image “for oneself” and an image “for others”: in the first case, the Motherland is perceived as big and strong, interesting for life and comfortable, simple and cultural; Motherland “for others” is bold and friendly, strong and kind.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

scholarly journals Variation in the official female onomasticon of Ukraine: between norm and abnormality

2020 ◽  
pp. 183-195
Author(s):  
Iuliia Makarets
Keyword(s):  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Russian Language ◽  
National Language ◽  
Language System ◽  
National Minorities ◽  
First Case ◽  
The Status ◽  
Morphological Variants

The article deals with sociolinguistic analysis of modern official female onomasticon of Ukraine. Its dynamics reflects processes, which are taking place in language system, and changes in society, social demographic and ethnic pattern, cultural markers and values, even the extent of legal regulation of social relations. Sociologists are interested in personal names as a means of social categorization and differentiation of individuals. Legists see them as a tool for one’s legalization and as an object of legal protection. Anthropologists study them as special units of communication and interaction between generations. For linguists they are a specific typexplore them linguists – ists of means of lexical nomination. Linguistically onomasticon is a valuable source of information on the current state of language norms, level of linguistic culture of the population, and the status correlation between languages in society. According to the date of the Ministry of Justice of Ukraine, the repertoire of newborn girls’ names in 2015–2019 exceeded half a thousand units. It’s due to the magnitude of globalization processes in naming, restoration of national naming traditions, rising social freedom in choosing names, and, sometimes, the decay of sense of responsibility in naming and insufficient language culture. About third part of female names appears as phonetic, orthographic and morphological variants. Ukraine is a multinational state and representatives of other nationalities and national minorities maintain their own naming traditions. Ukrainian spelling of these names in documents often is inconsequent. Often variants arise due to the ambiguity of transliteration, Ukrainian-Russian language interference and violation of Ukrainian spelling standard. Much less it is a result of alive alternation in the Ukrainian language. Rows of variants of the same official female name consist from two to five or six units. Among them there are normative and anomalous variants. In first case main and optional variants can be distinguished. Optional variants are not conventional in language practice but they do not violate the essential features of national language system (over time, some of them may become more popular than the main variant). Linguistically such variants are the same unit, the natural manifestation of potentialities of language system. But legally, person’s name can’t be spelled differently in her documents.

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