scholarly journals SOCIAL AND LEGAL PROTECTION OF ORPHAN CHILDREN AND CHILDREN DEPRIVED OF PARENTAL CARE

2019 ◽  
pp. 36-41
Author(s):  
T.A. Kobzeva ◽  
G.Yu. Mykhnovsky
Keyword(s):  
Parental Care ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Professional Activity ◽  
Practical Implementation ◽  
The European Union ◽  
Retirement Benefits ◽  
The Social ◽  
Families With Children

This article is devoted to the study of the social and legal protection of orphans and children deprived of parental care in Ukraine and other countries of the world. The authors revealed the concept, nature, regulatory framework, types of bodies, state financial support, and directions of improving the protection of orphans and children deprived of parental care. It was emphasized that the social and legal support for the protection of the rights of orphans and children deprived of parental care in Ukraine needs to be further improved due to the issues of legislative consolidation and their practical implementation. According to our study, we conducted a statistical analysis of the number of orphans and children deprived of parental care, as well as of persons receiving retirement benefits. A number of scientific studies have been analyzed by scholars in the field of social assistance, labor law, and other jurisprudence related to retirement loss. Among the main areas of improvement, it was decided to amend the current legislation of Ukraine on the delimitation of the mediation activities regarding the adoption and professional activity of teachers and patron educators. Accordingly, recommendations were made regarding the possibility of establishing orphanages or foster homes, abandoning the system of general-type orphanages, and improving the conditions for the provision of foster care to a child. It was also proposed to create a legal framework that would regulate financial assistance for families with children and by improving the funding of regions, their programs, and strategies, and improving their financial situation. These regulatory issues have been analyzed with the addition of practical research from other scholars and jurisprudence. Ways of their solution and improvement of the current legislation have been adopted and developed on the basis of a thorough analysis of the legislation of the European Union countries. Keywords: legal regulation, social and legal protection, orphan, deprived of parental care, boarding school.

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 Ensuring State-Legal Regulation On The Prevention of Agrarian Raids as a Form of Counteraction to the Offense and as a Mechanism for the Implementation of International Agricultural Cooperation

2019 ◽  
Vol 8 (3) ◽  
pp. 455
Author(s):  
Victor Beschastnyi
Keyword(s):  
International Development ◽  
Organic Farming ◽  
Comparative Method ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Practical Significance ◽  
The European Union ◽  
Moral Orientation

The tasks of developing international cooperation in the agrarian sphere between Ukraine and the international community, including the European Union, were determined. The existing reasons for the development of small and medium business representatives are analyzed. The updated structure of the object and the subject side - components of agrarian management is determined. The tendency of international development of organic farming is taken into account. The description and practical significance of the appropriateness of securing the terminological understanding of "raider", "peaceful possession of property" with the aim of unification of the norms of the national legislation with the international ones, including the European one, is given. The state-legal regulation on the way of preventing the offense from the standpoint of functioning of state bodies is considered. Due to the comparative method of scientific study, proposals for changes to the current normative and legal framework of Ukraine are determined. There is a distinction and the need to ensure legal protection and protection of the most vulnerable category of subjects. Today, it is the owners of land plots, including owners of land plots (shares), which have been given a land plot for private peasant farming, horticulture, gardening, subsidiary farming. In particular, such protection should be based on positions of economic, social, legal and moral orientation, which defines an integrated and systematic approach. The state authorities should, through their functional duties and through the authority to provide assistance to such economic entities.           Keywords: raiding, peaceful possession of property, agrarian sphere, organic farming, state-legal and state-private mechanism, international agrarian cooperation, agrarian raiding, "weapons" institute

scholarly journals EXPERIENCE OF FOREIGN COUNTRIES AS TO PROTECTION AND DEFENDING OF AUTHOR’S AND RELATED RIGHTS ON MUSICAL COMPOSITION

2020 ◽  
Vol 33 (20) ◽  
pp. 53-57
Author(s):  
M.S. Utkina ◽  
A.I. Holovach
Keyword(s):  
Public Relations ◽  
Effective Means ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Musical Composition ◽  
The European Union ◽  
Musical Work ◽  
Unlimited Number ◽  
Foreign Countries

The modern European mechanism of author’s relations was defined in the article by authors. It was determined the achievements of European legislation on the convergence of legal and digital realities. The article deals with copyright issues on the Internet. The current state of development of the domestic music industry plays an important economic role. This is due, first of all, to the fact that the given sphere can generate a large part of incomes. Musical works accompany us in our daily lives. In particular, in most places on the streets music can be heard. However, the issue arises as to the legality of the use of the institution of this musical work, in particular the issue of infringement of the rights of authors and performers of such copyright and related rights. The era of the digital single market has the potential to distribute and scale to any work: the artist records his work, and furthermore, his work gains an unlimited number of listenings to an unlimited number of users. It is quite understandable the desire of the authors and performers to earn income from the music, but minimizing the number of reproductions of their work. It is for this reason that the question of finding the optimal and effective means of the legal protection of a work of music as an object of copyright and related rights is being updated, due to the need to align the national legal framework with the provisions of the legislation of the countries of the European Union. The object of the study is public relations, regarding the legal regulation of the protection and protection of a musical work as an object of copyright and related rights. The subject of the research is the legal norms of Ukraine and foreign countries, devoted to the problems of legal regulation of the protection and protection of a musical work as an object of copyright rights and related rights. Keywords: copyright and related rights, music, copyright, royalties.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals Social Credit System in the People's Republic of China: normative legal framework and principles of functionality

2020 ◽  
pp. 18-53
Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Credit System ◽  
Republic Of China ◽  
Social Credit ◽  
Legal Provisions ◽  
The Social

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.

scholarly journals Životna sredina - opasnosti i pravna zaštita / Human Environment ‒ Risks and Legal Protection

2016 ◽  
Vol 6 (6) ◽  
pp. 48
Author(s):  
Ilija Babić
Keyword(s):  
Global Warming ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
Vienna Convention ◽  
The Sun ◽  
The European Union ◽  
Human Environment

The most relevant factors that affect climate are astronomic cycles ant their effects on planet Earth and Earth’s orbit around the Sun. They have impact on the occurrence of glacial and interglacial periods at generally 100.000-year frequencies, which were affected by orbital shape variations and effects of greenhouse gases.The youngest geological epoch of the geological history of Earth is Holocene (started with warming) that began approximately 11.000 years BP. In that epoch, the shape of Earth’s orbit around the Sun was nearly circular, close to a perfect circle, and the seasonal contrast was less severe, due to decreased tilt of Earth’s axis from the plane of its orbit around the Sun. However, most scientists are arguing that the causes of rapid climate change are rooted in human activity, and not in its internal orbital variations. The main causes of global warming are increased level of carbon dioxide, but also of methane and chlorofluorocarbons in the atmosphere. These gases are responsible for the greenhouse effect, ozone layer depletion in stratosphere and rapid global warming. In order to set up the legal framework of environmental protection, the United Nations Conference on the Human Environment has adopted Stockholm Declaration in June 16, 1972. About twenty industrial states have ratified in 1987 the Montreal Protocol on Substances that Deplete the Ozone Layer, which has undergone many revisions by London Convention (1990), Copenhagen Accord (1992), Vienna Convention (1995), Kyoto Protocol (1997) and the Paris Agreement ‒ an international universal agreement on climate adopted at the 2015 Paris Climate Conference (COP21). Environmental protection in the European Union is provided for by its primary and secondary law, and the most EU environmental regulations were implemented in the Serbian legislation.

PRINCIPLES OF APPLICATION OF MEASURES OF BUDGETARY AND LEGAL COERCION

2020 ◽  
Vol 10 (4) ◽  
pp. 123-129
Author(s):  
Serhii Yesimov ◽  
◽  
Vitalina Borovikova ◽  
Keyword(s):  
Separation Of Powers ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Special Role ◽  
The European Union ◽  
Coercive Measures ◽  
Legal Principles ◽  
Financial Activity ◽  
Legal Coercion

The article deals with the principles of application of budgetary coercive measures in the context of improving budgetary legislation in accordance with the requirements of the European Union. Budgetary and legal coercion, as a kind of state coercion, is a type of financial and legal coercion. It has all the features of the latter, developing in relation to specific budgetary relations; it acts not as an independent category of legal responsibility, but as a kind of financial and legal coercion. Budgetary and legal coercion is the external influence of the state, represented by authorized bodies, on the behavior of individual participants in the budgetary process concerning the application of measures of budgetary coercion, which impose additional encumbrances of property or organizational nature on the unfulfilled obligations provided by budgetary law, in order to ensure compliance with law and order in the budget sphere. The significance of the principles of law for the formation of normative and legal regulation of budgetary and legal coercion is considered. The principles of financial law and their influence on the formation of the principles of budgetary law are described. The general legal principles of application of measures of budgetary and legal coercion are analyzed; their role in establishment of budgetary and legal responsibility is defined. Based on the current legal framework, special principles for the application of budgetary coercive measures are determined, including those that have not been formally fixed in the Budget Code of Ukraine, but are fragmented in the normative and legal acts of budgetary legislation. With regard to budgetary offenses concerning measures of budgetary coercion, the principles of legality, priority of public interests, and division of functions in the field of financial activity on the basis of separation of powers play a special role. The main branch principle of budgetary law in the context of the implementation of measures of budgetary coercion is the principle of addressable and target nature of budgetary funds.

scholarly journals Legal Framework of Labor Migration Governance in the Eurasian Economic Union and the European Communities: Comparative Analysis

2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya
Keyword(s):  
Comparative Analysis ◽  
Regional Integration ◽  
Labor Migration ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Migration Flows ◽  
Economic Union

This article provides a comparative analysis of the legal regulation of labor migration in regional integration organizations: the European Communities (ECs) and the Eurasian Economic Union (EAEU). Methodologically, we argue that a synchronous comparison of the European Union (EU) in its current shape and the EAEU is rather inadequate and draw on a diachronic comparison of labor migration regulation in the EAEU and the ECs. On the one hand, we identify a number of important differences. We show, in particular, that while regulatory mechanisms in the EEC aimed at stimulating new migration flows, in the post-Soviet space mechanisms of regional migration governance provide the existing migration flows with an appropriate normative framework. We also show that in the case of the EAEU, the founding Treaty provided for a number of essential social rights for workers from EAEU Member States, whereas in the EEC these rights appeared at a much later stage. Regulation of labor migration in the EEC and the EAEU also differs in terms of distribution of competencies in this area between national and Community / Union levels. On the other hand, we also find a number of similarities, which hint at dynamics of policy learning. This is, in particular, evident in the development of mechanisms aimed at protection of migrants’ rights. This is also the case of the Agreement on pensions for workers of the EAEU member states, which seems to borrow from the EU experience opting for coordination of Member States’ retirement systems instead of their unification. Overall, some of EEC/EU ‘best practices’ have contributed to important positive developments in the regulation of intra-Union labor migration in the EAEU.

scholarly journals Judicial Review in Date Protection Cases in Bosnia and Herzegovina and Comparative Jurisdictions

2021 ◽  
pp. 181-206
Author(s):  
Armina Čunjalo ◽  
Zlatan Omerspahić
Keyword(s):  
Judicial Review ◽  
Current System ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Analysis ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Judicial Protection

The paper analyses the issue of judicial review in personal data protection proceedings. The subject of analyses is a procedural safeguard and other peculiarities of the administrative dispute and the standard of administrative law protection in the mentioned proceedings and the role of the Court of BiH. A comparative legal analysis of administrative-legal protection in the same disputes within Croatia and Slovenia is conducted, together with the relevant legal framework of the European Union. The comparative legal analysis aims to determine the extent to which the domestic model of administrative-legal protection and legal standards of judicial protection is compatible with the solutions adopted across Europe. It draws attention to problematic and controversial solutions to domestic legislation. In conclusion, the authors propose several regulatory solutions which would bring improvements to the current system of judicial protection in domestic law.

scholarly journals The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law

2021 ◽  
Vol 4 (4) ◽  
pp. 104-115
Author(s):  
Oleksandr Kliuiev ◽  
Оlena Agapova ◽  
Ella Simakova-Yefremian ◽  
Oleksandr Snigerov
Keyword(s):  
European Union ◽  
Forensic Science ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fair Trial ◽  
Court Decision ◽  
European Convention ◽  
The European Union ◽  
Legal Provisions

In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.

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