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.

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 INFORMATION SECURITY AS A SUBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 50-56
Author(s):  
Мaria Baran ◽  
Keyword(s):  
Information Security ◽  
Structural Study ◽  
Legal Regulation ◽  
The State ◽  
Strategic Partnership ◽  
Basic Method ◽  
National Interests ◽  
Security Issues ◽  
The Subject ◽  
The Individual

. Information security as a subject of administrative and legal regulation is considered. The basic method of the research is a comprehensive system approach, on the basis of which a general and structural study of information security issues faced by the individual, society and the state is conducted. A comprehensive systematic approach is used by the basic method of the research, on the basis of which a general and structural study of information security issues faced by the individual, society and the state. The multifaceted nature of information and security determines the complexity, importance and relevance of the research on the problem from the point of view of the science of administrative and information law. The interrelation of national and information security, sources of threats to information security and ways of counteraction are revealed. It is established that as a subject of activity aimed at ensuring information security, it is necessary to consider a set of social relations regulated by legal support, the administrative and legal regulation of which depends on possible external influences. The subject area of administrative and legal regulation of information security has the following features: the inseparability of information relations or their conditionality; interconnectedness and interdependence of information relations with objects of national interests in the information sphere; the relationship of administrative and legal regulation of information security, taking into account the emergence, detection and prevention of threats to national interests in the information sphere in order to develop and apply mechanisms to effectively combat threats. Information security activities are expressed in administrative and legal regulation, the subject orientation of which is determined by a set of public relations in the information sphere, aimed at strengthening equal strategic partnership in the field of information security with NATO and the EU, protection of Ukraine’s sovereignty in the information space.

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.

SITUATION OF CHILDREN WITH DISABILITIES IN CONTEMPORARY LEGAL, MEDICAL AND SOCIAL PROCESSES IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 100 (4) ◽  
pp. 198-207
Author(s):  
R.N. Terletskaya ◽  
◽  
I.V. Vinyarskaya ◽  
E.V. Antonova ◽  
A.P. Fisenko ◽  
...  
Keyword(s):  
Children With Disabilities ◽  
Social Assistance ◽  
The State ◽  
Main Task ◽  
Persons With Disabilities ◽  
Rehabilitation Programs ◽  
The Family ◽  
The Status ◽  
The Russian Federation ◽  
The Individual

Despite the positive developments in the sphere of ensuring the special needs of disabled children, a comprehensive socio-hygienic assessment of the conditions and lifestyles, as well as of their families, has not been carried out in the recent years. The purpose of the study is to identify, through a sociological survey, the problems that a disabled child encounters in his life, in order to further improve the provision of medical and social assistance to him. Materials and methods of research: 506 legal representatives of minors (aged 0–17 years) with the status of a disabled child were interviewed. Study design: single-center, non-randomized, uncontrolled. Results: the study of the living conditions of a disabled child in the family, the assessment by the parents of the state of his health, the problems arising during the registration of disability, in the provision of medical and rehabilitation assistance, and issues of medical and social support, made it possible to determine the position of this part of the child population in modern legal and medical and social conditions. The main problems were the large number of documents required for the registration of a disability, the long wait for the day of the examination, the remoteness of the location of the medical and social examination bureau, the shortage of specialist doctors, the problem with subsidized drugs, the lack of taking into account the individual needs of the child when carrying out rehabilitation programs, the need to contact different organizations and departments, lack of medical and social assistance, violation of rights in the provision of medical services to a disabled child. Conclusion: The acquired information is important for the further improvement of the provision of medical and social assistance to handicapped children and children with disabilities. The main task today is to develop mechanisms for fulfilling the declared rights and freedoms of persons with disabilities and the obligations undertaken by the state in relation to them. The principle of individualization of the provision of various benefits, depending on the condition of a disabled child, his needs, material security, remains relevant.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

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 Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals ENSURING COMPENSATION FOR DAMAGE CAUSED BY CRIMINAL OFFENSES AS A RESULT OF SCAMMING ACTIVITIES IN THE FIELD OF TOURISM

2020 ◽  
pp. 369-376
Author(s):  
Г. В. Захарова
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Legislative Proposals ◽  
Compensation For Damage ◽  
Legal Compensation

The purpose of the article is to study the legal regulation and law enforcement practices on compensation for victims of criminal proceedings due to fraud in the field of tourism, identify problematic aspects in this direction, and make regulatory legislative proposals to improve legal compensation for victims of criminal proceedings. The article considers some issues related to compensation for damage caused by a criminal offense as a result of fraudulent acts in the field of tourism. The issues of legal regulation under domestic legislation and the legislation of individual European countries on compensation by the state for damage caused to victims are analyzed. It is emphasized that the priority for victims of fraudulent criminal acts is the requirement of compensation for damage, as well as the issue of compensation, compensation for such damage. It turns out that the voluntary compensation of victims by criminals directly depends on the quality and totality of the indictments collected against them, which fully expose their criminal activities. Meanwhile, the legislator did not pay enough attention to the possibility of voluntary compensation for damage to the person who caused it, as well as the benefits of voluntary compensation for damage. The legal provisions to be settled on this issue are indicated. Emphasis is placed on the need for timely pre-trial investigation of relevant traditional measures aimed at finding and locating, staying, both movable and immovable property, securities, jewelry, etc., which may be seized, in order to ensure compensation to the victim. damage. Emphasis is placed on the effectiveness and expediency of using the capabilities of IT technologies of relevant information resources, Internet services, and monitoring of websites that contain information that can help find as soon as possible the property of criminals who can be seized. At the same time, it is noted that the creation and proper functioning of the state fund for compensation to victims of crimes will be an additional constitutional guarantee that will only strengthen human security and increase the overall authority of the state.

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 XXV.—On the Influence of Weather upon Disease and Mortality

1863 ◽  
Vol 23 (2) ◽  
pp. 299-348 ◽  
Author(s):  
R. E. Scoresby-Jackson
Keyword(s):  
External Force ◽  
The State ◽  
Medical Sciences ◽  
A Value ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
To Receive

The subject to which I have to invite the attention of the Society this evening is one of no modern origin, the name of Hippocrates, amongst others of the fathers of medicine, being commonly associated with it. There is, indeed, perhaps no branch of medical inquiry whose history dips more deeply into the obscure pages of antiquity. The influence of weather upon disease and mortality has been acknowledged as a potent external force in every age, from that eminently speculative and credulous period when physicians professed to receive their diagnostic as well as their therapeutic inspirations from the stars, down to our own day. And yet there is perhaps no question in the whole cycle of medical sciences which has made slower progress than the one we have now to consider. People believe that the weather affects them. They speak of its influence, sometimes commendingly, more frequently with censure, on the most trivial occasions; but beyond a few commonplace ideas, the result of careless observation, or perhaps acquired only traditionally, they seldom seek a closer acquaintance with the subject. Our language teems with medico-meteorological apophthegms, but they are notoriously vague. The words which are most commonly employed to signify the state of the weather at any given time, possess a value relative only to the sensations of the individual uttering them. The general and convertible terms—bitter, raw, cold, severe, bleak, inclement, or fine and bracing, convey no definite idea of the condition of the weather; nay, it is quite possible that we may hear these several expressions used by different persons with reference to the weather of one and the same place and point of time. In order, then, to render medico-meteorological researches more trustworthy, we must be careful to employ, in the expression of facts, such symbols only as have a corresponding value in every nation.

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