Problems of social support for graduates of orphanages in a pandemic (regional aspect)

2021 ◽  
Vol 97 (4) ◽  
pp. 118-127
Author(s):  
M. A. Cherevko ◽  
Keyword(s):  
Social Support ◽  
Parental Care ◽  
Social Relations ◽  
Radical Change ◽  
Legal Framework ◽  
Legal Regulation ◽  
Social Adaptation ◽  
Difficult Situation ◽  
Regional Aspect ◽  
The One

The article is devoted to the issues related to the study of problems of orphans and children left without parental care in the context of a pandemic (COVID-19). Analysis of the existing situation in this problem field testifies to the exacerbation of traditional contradictions, on the one hand, and the emergence of completely new ones, complicating the difficult situation with this category of the population, on the other. The article analyzes the problems faced by graduates of orphanages, generated by the conditions of the pandemic and aspects of social policy in this direction (problems of social adaptation in society, violation of the basic rights of graduates, problems of legal nihilism, the lack of a fundamental federal and regional legal framework on this issue, the lack of technical capabilities of graduates in receiving remote social support). The article highlights the need to develop mechanisms for interdepartmental interaction for post-boarding support on the territory of the Khabarovsk territory. The empirical data obtained as a result of the conducted expert survey actualizes the need for a radical change in the vector of solving problems in relation to graduates of orphanages and social support for this category of persons in the short term. The revealed contradictions in legal regulation indicate the absence of unified approach to the concept of post-boarding support as a type of social support. It was found that the organization of post-boarding support belongs to the powers of the constituent entities of the Russian Federation, which, in turn, differently carry out the legal regulation of social relations in the field of post-boarding support of orphans. The article draws the main conclusions and proposals for improving the activities of subjects on post-boarding support for orphans and children left without parental care.

Social and Legal Norms Ensuring the Child’s Right to Live and be Brought up in a Family

2020 ◽  
Vol 10 (2) ◽  
pp. 674
Author(s):  
Evgenia Sergeevna SAGALAEVA ◽  
Svetlana Nikolaevna IVAHNENKO ◽  
Olga Viktorovna LANDINA
Keyword(s):  
Parental Care ◽  
Social Relations ◽  
Legal Regulation ◽  
Adoptive Parents ◽  
Russian Society ◽  
Legal Norms ◽  
Number Of Children ◽  
Russian State ◽  
Relationship Of ◽  
Quantitative Indicators

The research is concerned with the analysis of social relations emerging in connection with the identification and arrangement of orphans and children left without parental care. The dynamics of regional statistical data as of 2016 and 2017 on the number of children left without parental care, the ratio of the reasons for the loss of parental care, the data on the forms of organization of such children, and the quantitative indicators of the arrangement in the substitute family of adoptive parents (including foreign), guardians, adoptive parents, or in a specialized institution are considered. The compliance of Russian legislation with international law in ensuring the protection of children deprived of parental care is assessed. The directions of the Russian state policy reflected in the relevant programs and strategies are analyzed. The scientific novelty of the work is manifested in the attempt to justify on the basis of the study of statistical indicators the relationship of social attitudes adopted in Russian society with the most constructive solution to the problem of orphanhood, including through legal regulation of relevant relations, and the need to provide not only financial but also other assistance to families.  

Problems of Legal Regulation of Human Organ and Tissue Transplantation Relations

2018 ◽  
Vol 8 (7) ◽  
pp. 2241
Author(s):  
Svetlana Stepanovna SHEVCHUK ◽  
Nazima Shafievna IBRAGIMOVA ◽  
Galina Olegovna BELANOVA ◽  
Mariya Alekseevna MALYKHINA ◽  
Svetlana Nikolaevna IVAKHNENKO
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
Tissue Transplantation ◽  
Human Organ ◽  
Human Organs ◽  
History Of ◽  
Legislative Support ◽  
Rights And Interests ◽  
Further Development

This paper is devoted to research and analysis of the issues on legal regulation of the relations arising in connection with the removal of human organs or tissues with the purpose of their subsequent transplantation to a donor. The current national legal framework and lawenforcement practice in transplantation relations are investigated. The theoretical and practical problems affecting the provision and protection of the rights and interests of parties to these relations are analyzed. The necessity of further development and improvement of legal regulation of transplantation relations is substantiated. The scientific novelty of the work is that the authors, on the basis of studying the history of the formation and development of the institution of human organ and tissue transplantation, have made attempts to identify the main trends and directions of legislative support of this sphere of social relations and to substantiate the most constructive proposals in order to improve the corresponding mechanism of legal regulation.

scholarly journals The genesis of the legal regulation of the sale of land plots and rights to them on a competitive basis

2020 ◽  
pp. 264-269
Author(s):  
Diana Kolomiitseva
Keyword(s):  
Experimental Period ◽  
Legal Framework ◽  
Legal Regulation ◽  
Second Stage ◽  
The Third ◽  
Time Period ◽  
Legal Risks ◽  
Third Stage ◽  
The One ◽  
Land Code

The author identifies six main stages and outlines the peculiarities of legal regulation of the sale of land plots and rights to them on a competitive basis at each stage. The first stage was from 18 December 1990 to 28 June 1996; the second stage took place from 28 June 1996 to 1 January 2008, covering the period of adoption of the effective Land Code of Ukraine dated 25 October 2001; the third stage lasted from 28 December 2007 to 5 July 2012; the fourth stage was the stage of the development of competitive acquisition of rights to land plots covering the time period from 5 July 2012 to 21 June 2017; the fifth stage covered the experimental period from 21 June 2017 to 1 October 2019; the sixth stage has been going on since 1 October 2019. This periodization enables, firstly, to create a systematic view of the development of legal regulation of the competitive principles of acquiring rights to land plots under the land legislation of Ukraine; and secondly, to assess the legal risks of acquiring rights to land plots having been acquired in a period of time corresponding to the stage of legal regulation. The conducted analysis of the genesis of legal regulation of the sale of land plots and rights to them on a competitive basis indicates that in the circumstances of lack of legal framework for land auctions, the process of disposal of land plots and rights to them on a competitive basis have not been stopped. Each of the identified stages of legal regulation, except for the fourth one and the last one, has some contradictions in the source base bearing some legal risks for the contracts of sale of land plots on a competitive basis concluded at these stages. Like the Presidential Decrees at the first stage and the Regulation of the Cabinet of Ministers of Ukraine at the fifth stage, the decisions of local councils at the second and third stages were a means of and an attempt to accelerate the necessary changes in the land legislation. On the one hand, these regulatory acts are contrary to the provisions of the Land Code of Ukraine, and on the other hand, they are administrative acts that have been in force for a certain period of time and have not been repealed or deemed to be unconstitutional. Therefore, in making the legal evaluation of the agreements concluded on a competitive basis, they should be assessed taking into account the abovementioned factors.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

scholarly journals On the legal problems of operation of highly automated vehicles in road traffic

2021 ◽  
pp. 59-73
Author(s):  
Aleksei Viktorovich Amelichkin
Keyword(s):  
Social Relations ◽  
Road Safety ◽  
Road Traffic ◽  
Legal Framework ◽  
Legal Regulation ◽  
Educational Process ◽  
Automated Vehicles ◽  
The Road ◽  
Safety Improvement ◽  
Legal Mechanism

The subject of this research is the system of legal relations in area of ensuring road safety in terms of operation of highly automated vehicles on public roads. The object of this research is social relations arising in the context of operation of highly automated vehicles traffic on public roads. The goal of this article consists in examination of the normative legal framework that regulates the peculiarities of operation of highly automated vehicles, as well as in development of recommendations for improving the normative legal framework. The author explores the issues of normative legal regulation of operation of highly automated vehicles on public roads. Special attention is given to the current issues of legal nature. The novelty is defined by the need to improve legal mechanism for the operation of highly automated vehicles on public roads. The author identifies the problems and offers solution on enhancing road safety in terms of operation of highly automated vehicles on public roads for protecting the road users. The conclusion is made on the need to revise the normative legal acts in the area of ensuring road safety for the purpose of achieving a positive result from implementation of highly automated vehicles into road traffic. The acquired results can be used in the legislative activity of government authorities, law enforcement practice, educational process of the educational institutions, scientific research of the experts on ensuring road safety, improvement of the branches of the Russian legal system.

Legal Foundations of Russia’ Military Security

2015 ◽  
pp. 56-63
Author(s):  
V. Yakovlev
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Armed Forces ◽  
Legal Framework ◽  
Legal Regulation ◽  
Constant Attention ◽  
Daily Work ◽  
Military Security ◽  
The Russian Federation ◽  
Russian Military

The military security of the Russian Federation in the face of external and internal threats is still primarily important. In this context the rightful principles of defense and security in Russia play a discrete role. The article provides the analysis of these principles for a legal framework of the Russian military security regulation. It reveals system problems, gaps and contradictions of the legal regulation. Complex and urgent measures for the legal system and legal instruments improvement are suggested in the article. It is proposed to develop a number of regulatory acts needed by reason of the blanket character of the Federal Defense Act. Among these are: The Armed Forces of the Russian Federation Act, The Operational Equipment of the Territory of the Russian Federation for the Purpose of Defense Act, The Armed Forces of the Russian Federation Management and Control during the War Act, etc. Problems of the social relations legal regulation in the defense and security sphere are systemic and complex, require a constant attention on the part of government agencies and a painstaking daily work of legislators. It should facilitate bringing the defense and military security system of the Russian Federation to a fundamentally different, whole new level relevant to the present level of external and internal threats.

LEGAL REGULATION OF HOSPITAL-SUBSTITUTING ASPECTS OF SOCIAL SERVICES FOR ELDERLY AND DISABLED CITIZENS AT HOME

2021 ◽  
pp. 791-796
Author(s):  
Т.С. Чернякина ◽  
В.П. Шестаков ◽  
Р.К. Кантемирова ◽  
А.А. Свинцов ◽  
В.И. Радуто ◽  
...  
Keyword(s):  
Social Support ◽  
Social Services ◽  
Social Service ◽  
Legal Framework ◽  
Legal Regulation ◽  
Disabled People ◽  
Working Age ◽  
The Russian Federation ◽  
Stationary Form ◽  
At Home

В статье представлены сведения о значительной численности лиц старше трудоспособного возраста, инвалидов и получателей социальных услуг в стационарной форме и о неблагоприятном прогнозе численности лиц старше 65 лет на 2024 и 2030 гг. в РФ. Это определяет необходимость правового регулирования вопросов их жизнеустройства с соблюдением прав человека и инвалидов на ведение самостоятельного образа жизни. Авторами представлен анализ федеральной и региональной правовой базы в части определения обстоятельств, при которых гражданин признается нуждающимся в социальном обслуживании, участия органов местного самоуправления и подведомственных организаций в оказании социальных услуг, осуществления социального сопровождения, внедрения стационарзамещающих технологий социального обслуживания. В статье рассматриваются тенденции и пути совершенствования правового регулирования социального обслуживания граждан пожилого возраста и инвалидов на дому в ракурсе внедрения стационарзамещающих элементов. The article presents information about a significant number of people older than working age, disabled people and recipients of social services in stationary form and about the unfavorable forecast of the number of people older than 65 years for 2024 and 2030 in the Russian Federation, which determines the need for legal regulation of their lifestyle issues with respect for human rights to lead an independent lifestyle. The authors present an analysis of the federal and regional legal framework in terms of determining the circumstances under which a citizen is recognized as needing social services, the participation of local self-government bodies and subordinate organizations in the provision of social services, the implementation of social support, the introduction of hospital-substituting social service technologies. The article discusses the trends and ways to improve the legal regulation of social services for elderly and disabled citizens at home from the perspective of the introduction of hospital-substituting elements.

Implementation of the personal data minimization principle in financial institutions: Lithuania’s case

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marius Laurinaitis ◽  
Darius Štitilis ◽  
Egidijus Verenius
Keyword(s):  
Financial Institutions ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Point Of View ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Minimization Principle ◽  
General Data ◽  
The One

Purpose The purpose of this paper is to assess such processing of personal data for identification purposes from the point of view of the principle of data minimisation, as set out in the EU’s General Data Protection Regulation (GDPR) and examine whether the processing of personal data for these purposes can be considered proportionate, i.e. whether it is performed for the purposes defined and only as much as is necessary. Design/methodology/approach In this paper, the authors discuss and present the relevant legal regulation and examine the goals and implementation of such regulation in Lithuania. This paper also examines the conditions for the lawful processing of personal data and their application for the above-mentioned purposes. Findings This paper addresses the problem that, on the one hand, financial institutions must comply with the objectives of collecting as much personal data as possible under the AML Directive (this practice is supported by the supervisory authority, the Bank of Lithuania), and, on the other hand, they must comply with the principle of data minimisation established by the GDPR. Originality/value Financial institutions process large amounts of personal data. These data are processed for different purposes. One of the purposes of processing personal data is (or may be) related to the prevention of money laundering and terrorist financing. In implementing the Know Your Customer principle and the relevant legal framework derived from the EU AML Directive, financial institutions collect various data, including projected account turnovers, account holders' relatives involved in politics, etc.

scholarly journals Usage of special software for mobile devices for improving efficiency of road traffic safety

2020 ◽  
pp. 1-10
Author(s):  
Aleksei Viktorovich Amelichkin ◽  
Maksim Mikhailovich Isaev
Keyword(s):  
Mobile Devices ◽  
Social Relations ◽  
Traffic Safety ◽  
Road Traffic ◽  
Legal Framework ◽  
Legal Regulation ◽  
Road Traffic Safety ◽  
Special Software ◽  
Legitimate Interests ◽  
Legal Mechanism

The subject of this research is the system of legal relations in the area of ensuring road traffic safety. The object of this research is the social relations emerging in the process of recording administrative legal relations via special software for mobile devices for improving efficiency of road traffic safety. The goal of this article consists in examination of the normative legal framework that regulates the usage of special software for mobile devices in law enforcement. The authors examine the issues of normative legal regulation of the process of recording administrative offences with regards to road traffic safety using special software for mobile devices. Special attention is given to the usage of special software for mobile devices when determining the elements of an administrative offence. The novelty this research is defined by the need to improve legal mechanism for recording administrative offences in the area of road traffic safety using special software for mobile devices, prevention of infringement of rights and legitimate interests of road users in the area of ensuring road traffic safety. The authors describe the problems and propose solutions aimed at improvement of legal mechanism for recording administrative offences in the area of road traffic safety via special software for mobile devices. The main conclusion consists in the need for revising normative legal acts in the area of ensuring road traffic safety for the purpose of improvement of the effectiveness of special software.

scholarly journals Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 272-281
Author(s):  
H. I. Hlobenko
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Social Relations ◽  
Radical Change ◽  
Legal Regulation ◽  
The State ◽  
The European Union ◽  
Criminal Proceedings ◽  
Current State ◽  
Original Definition

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution. The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition. Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

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