scholarly journals Features and problems of the administrative and legal regime of the COVID-19 pandemic in Ukraine - the prospect of the issue

2021 ◽  
pp. 78-85
Author(s):  
M.V. Kolesnikova ◽  
Y.A. Shevtsov ◽  
N.S. Pak

At the beginning of the XXI century, human civilization has made anincredible break through in all spheres of science and life. Gradually,progress open edupmore and morenewop portunities for humanity and ways to solve problems. It seem edthat such a termas "forcemajeure" could eventually disappear from legal practice. However, theend of 2019 and the whole of 2020 showed theo pposite, as th eworld faced a new problem. A new challenge for humanitywasthevirus SARS-CoV-2, which inturnled to the emergence of a new "international" mode of the pandemic coronavirus COVID-19. The question of combating a new thre at hasarisen before the whole world. At a time when the world has notinvente done hundred percent effectived rugsagainst COVID-19, the only salvation for humanity is the quarantine mode, whichis a series of specific responsibilities and restrictions to combat the viraldisease. Despite the relative similarity of quarantine modes in different countries, the situation is very different. Thus, in some countries, the relative stability of COVID-19 distribution problems is relative lystable, and in others, despite the measures taken, the situation is exacerbated, the problem is developing rapidly. Unfortunately, the situation in Ukraine is also very ambiguous. Although the author it iesim posera ther strictrestrictions, the situation is gradually deteriorating. Thereis a questionof a real and effective quarantine mode, which will not only provide an opportunity to solve the problem and the possibility of sane existence of the state in a pandemic but also all ow you toquick lyget out of the quarantine mode and return to regular life. Thus, there is a need to investigate the administrative and legal regime of quarantine in Ukraine. It is necessary to identify the problems of the domestic routine and find appropriate ways to solve them, taking into account the global situation of the pandemic, as well as the successful experience and mistakes of other countries in the fight against the virus.

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.


2016 ◽  
Vol 15 (2) ◽  
pp. 294-304 ◽  
Author(s):  
Robin Wharton ◽  
Derek Miller

This commentary assesses the state of scholarship on law and narrative and argues for a more holistic approach to the topic. Narrative and law do not encounter each other accidentally but are ineluctably intertwined. Law is a dominant narrative form in the modern world; narrative suffuses not just testimony but all legal practice. We urge scholarship that recognizes law and narrative as part of the same socio-cultural project of making the world.


Author(s):  
Mark Belov

The unprecedented measures of quarantine regulation have led philosophers and lawyers around the world to speak of the fragility of democratic freedoms and the return of the state of emergency as a political reality described in the writings of 20th century theorists. However, the imposed restrictions are considered in the works either in relation to the legal mechanism of their imposition, or through the prism of political philosophy. In addition, the Russian experience has not been sufficiently highlighted in the publications. This article attempts to synthesize legal analysis with political-legal philosophy in order to show that the extension of the legal order is always embedded in its logic. The first part of the article shows how what has been mentioned at the level of philosophical reflection and in relation to foreign legal orders that have been implemented in Russia, using the example of substantive legal practice. The second half of the text draws attention to the logic of protest which coincides with the logic of both the police and the state. Since the rights to which the protesters draw attention to have their source precisely in the existing legal order, both the actions of the law-enforcement authorities and the actions of the protesters are aimed at protecting it. The conclusion is that the danger of this situation is that the normative system could poten-tially replace social reality in the future.


Author(s):  
Stefania Mosiuk ◽  
Igor Mosiuk ◽  
Vladimir Mosiuk

The purpose of the article is to analyze and substantiate the development of tourism business in Ukraine as a priority component of the national economy. The methodology of this study is to use analytical, spatial, geographical, cultural and other methods. This methodological approach provided an opportunity to carry out a complete analysis of the state of the tourism industry of the state and to draw some conclusions.The scientific novelty lies in the coverage of the real and potential resource potential for the development of the recreational and tourism sphere in Ukraine, detailing the measures for the country ‘s entry into the world tourist market. Conclusions. Analyzing the state and prospects of tourism business development in Ukraine, it should be noted that this industry is one of the priority areas for improving the economy of the country. Historical, cultural – ethnographic, gastronomic, sanatorium and resort potentials of the country will lead the country into world leaders of the tourism industry when creating favorable conditions for investment and proper marketing.


Author(s):  
Julia N. Shubnikova

On the State Universal Scientific Library of the Krasnodar region, which is one of the largest regional libraries in the Russian Federation.


2018 ◽  
Vol 11 (2) ◽  
pp. 18-26 ◽  
Author(s):  
I. A. Strelkova

The paper examines various approaches to the definition of the term «digital economy» in the scientific and business environment along with factors and forms of its development in different countries taking into account the specifics of the current stage of the Russian economy, which is a matter of particular importance in seeking new sources of the world economy growth. The subject of the research is opportunities and threats inherent in the process of digitalization of economies and their impact on the operation of international and national markets as well as the development of the world economy as a whole. The purpose of the paper was to analyze the practical experience in the formation and development of the digital economy in foreign countries and Russia and identify the changes it brings to the activities of state institutions and business structures, established rules of market exchange, the process of promotion and use of innovations. All the above made it possible to determine the country-level specifics of the digital economy evolution reveal the contradictory nature of its manifestations and justify the necessity for active participation of the state in stimulation and support of potentially promising digital innovations in various sectors of the economy. It is concluded that the level of the digital economy development depends on the real-sector performance, the maturity of markets, the state of the national economy. It is highlighted that the criteria for a comprehensive assessment of the results of the economy digitalization must be developed.


Author(s):  
Оlena Fedorіvna Caracasidi

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.


2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.


2019 ◽  
Vol 7 (3) ◽  
pp. 183-195 ◽  
Author(s):  
Anna Shevchenko ◽  
Andrey Migachev
Keyword(s):  

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