scholarly journals Organizational Foundations of Social Entrepreneurship: Features of Contractual Structures

2020 ◽  
Vol 4 (91) ◽  
pp. 54-58
Author(s):  
U.B. Filatova ◽  
◽  
E.O. Ganeva ◽  
Keyword(s):  
Social Services ◽  
Social Entrepreneurship ◽  
Social Order ◽  
Service Providers ◽  
The State ◽  
Theoretical Approaches ◽  
Russian State ◽  
Legal Nature ◽  
The Right ◽  
Contractual Structures

The article is devoted to the research of the Institute of social entrepreneurship. The authors identify the features of the organization of contractual relations in relations mediating the provision of social services. Attention is drawn to the fact that the legislation does not have a unified approach to understanding social services, as well as an exhaustive list of services related to social services. Based on the analysis of current legislation on social entrepreneurship, the article identifies problems related to determining the legal nature of the state (municipal) social order. The authors consider various theoretical approaches to defining the concept of state order. In the doctrine, the state order is considered as a managerial administrative act, as a set of administrative and legal acts, as a task or assignment of the state, and even as a public law institution for implementing the Constitution, laws, and functions of the Russian state in the form of an administrative regime of relations between the state and private law subjects. As a key category that links together all other components of the procurement process, the state order has not found conceptual certainty either in legislation or in legal science. It is proved that a social order by its nature is a private legal act, and the placement of such an order should be considered as a unilateral transaction to provide the authorized body with the right to meet the needs of citizens in social services. At the same time, such a transaction is aimed at organizing relations between state authorities, local self-government bodies and service providers. It is concluded that actions for placing a state (municipal) social order aimed at creating preliminary relations for the provision of social services are a one-sided organizing transaction.

scholarly journals Improvement of the system of social work through activation ombudsman

2021 ◽  
pp. 52-58
Author(s):  
Iryna Surovtseva
Keyword(s):  
Human Rights ◽  
Social Workers ◽  
Social Services ◽  
Social Protection ◽  
Service Providers ◽  
The State ◽  
Annual Reports ◽  
Professional Activity ◽  
Rights Protection ◽  
The Right

The article is devoted to the partnership of social workers and ombudsmen as an influential tool for the citizens' rights protection. The common aspects of professional activity of social workers and ombudsmen in the citizens' rights protection of Ukraine and European countries are analyzed. Analyzed the annual reports of the National Ombudsman, clarified the dynamics of the receipt of citizens' reports about violations of their rights. There is a growing number of human rights violations in the field of social protection. The ombudsman has the right to make recommendations to the central executive bodies, which are ripe after the monitoring visits. Through the activities of social workers and the ombudsman, the state assumes the main functions of ensuring human rights in the social sphere. Foreign experience on the significant role of «natural allies» (social workers and ombudsmen) in drafting a formal protocol of strategic and tactical cooperation to optimize the residents' interests based on a friendly advisory approach have been highlighted. Most often, social workers and ombudsmen are forced to act as intermediaries between people and the state or other bodies to uphold justice and provide protection in cases where measures taken by the state in the interests of society as a whole threaten the rights and freedoms of individuals or groups. There is a need to intensify cooperation between the ombudsman's offices, social protection departments and social service providers (for example, through the joint Commissions on the quality of social services establishment, joint investigations into unsatisfactory social or medical care complaints). It seems relevant to expand the positions of specialized ombudsmen (for social protection (security), military ombudsman) as independent officials in communities (municipalities) for Ukraine.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

scholarly journals The Latest Methods of Improving the System of Social Services in Ukraine

2020 ◽  
pp. 213-221
Author(s):  
O. Shubna ◽  
◽  
Y. Denysova ◽  
A. Sanchych ◽  
A. Marylova ◽  
...  
Keyword(s):  
Social Services ◽  
Social Order ◽  
Professional Training ◽  
Service Providers ◽  
Entrepreneurial Activity ◽  
Order System ◽  
Business Climate ◽  
Innovative Method ◽  
The Social ◽  
The Status

The article analyzes one of the effective innovative tools used by the united territorial communities in the provision of social services, the social order. It was found that the social order system can promote the development of entrepreneurial activity in the regions. In the case of its widespread use, residents are interested in joining this type of activity, creating business structures or acquiring the status of private entrepreneurs. This contributes to the expansion of employment, training and retraining, the development of the business climate, stimulates the development of civil society through its participation in the process of social procurement and social responsibility. It is determined that in order to provide a social order on a real competitive basis, it is necessary to ensure absolute equality of service providers – state, municipal, private, public, religious, individuals, etc. And this is possible only if the autonomy of utilities, their transition to the status of utilities, which should be provided for in the new law on social services. It is determined that an innovative method of social policy is an integrated approach to the provision of social services, which significantly enhances their effectiveness due to improved coordination of social services. It was found that the key problems that in practice complicate the use of the social order mechanism as an innovative method of improving the provision of social services in OTG, are insufficient regulatory support; opposition from state entities that provide social services; non-acceptance by public authorities of "third sector" organizations as an equal partner for social cooperation, leveling their role in providing social services; lack of relevant experience in joint implementation of tasks related to the provision of social services, low level of professional training of many non-governmental organizations.

scholarly journals THE CORRESPONDENCE OF THE PERSON'S, SOCIETY'S AND THE STATE'S IMPORTANT INTERESTS THROUGH THE PRISM OF ADMINISTRATIVE AND LEGAL INSURING OF CYBER SECURITY

2020 ◽  
pp. 47-55
Author(s):  
M. Pleskach
Keyword(s):  
Cyber Security ◽  
Personal Data ◽  
The State ◽  
Legal Method ◽  
Legal Nature ◽  
Cyber Space ◽  
The Law ◽  
The Right ◽  
Proper Balance

The article is devoted to the issue on balancing the important interests of a person, a society and the state in cyber space by means of administrative law. The purpose of this article is to determine the legal nature and the role of the correspondence of the important interests of a person, a society and the state in cyber space in the context of administrative and legal provision of cyber security. The paper also deals with a proper balance between the law-enforcement interests of the state and the respect for fundamental human rights. The method of analysis has revealed in clarifying some features of concepts "interest", "need", "right". The method of synthesis has been used to define common concepts, for example "person's interest in cyberspace". Comparative legal method has been used in the process of comparison of the legislation of Ukraine and the international legislation that governs the issue on balancing the important interests of a person, a society and the state in cyber space. The author of this research presents the possible structure of person's cyber security through a set of important person's rights and interests in cyberspace, for example, the right to access to the Internet; the right to protect personal data in cyberspace; the right to be protected from aggressive marketing technologies in cyberspace, the prohibition of monitoring, including through cookies, HTTP, HTML5 markers or other technologies; the right to education, the right to access knowledge through the use of cyberspace etc. Conclusions and proposals of this research can be used for further research and for improving the administrative and information legislation of Ukraine, including the Law of Ukraine "On the Fundamental Principles of Cyber Security of Ukraine". Keywords: the balance of interests of the person, society and state, cyber space usage, public interest, private interest.

scholarly journals Development of the ecosystem of social entrepreneurship in the Northwestern region of Russia*

2020 ◽  
pp. 622-636
Author(s):  
Maria M. Ivanova ◽  
◽  
Olga I. Borodkina ◽  
Keyword(s):  
Nonprofit Organizations ◽  
Social Services ◽  
Social Entrepreneurship ◽  
Service Providers ◽  
Leningrad Region ◽  
Social Entrepreneurs ◽  
The Social ◽  
Study Results ◽  
Northwestern Region ◽  
State Subsidies

The article deals with the concept of the social entrepreneurship ecosystem and analyzes existing practices of social entrepreneurship in the northwestern region of Russia. Social entrepreneurship is designed to solve social problems through the use of sustainable economic instruments; social business results in social transformations associated with improving the quality of life of individual social groups and citizens. The state, the social capital, the market for social services and the infrastructure support were identified as the main elements and subjects of the ecosystem. The research is based on federal and regional statistics on the development of the non-governmental sector and social entrepreneurship, data from registers of social service providers, as well as regulatory legal acts on social entrepreneurship. Data analysis was carried out for all the main subjects of the northwestern region (St. Petersburg, Leningrad region, Kaliningrad region, etc.). The study results show that the legal foundations for the development of social entrepreneurship have been developed. There are various measures of state support, including state subsidies, loans, with a fairly wide regional diversity observed. At the same time, at present the non-governmental sector of social services does not fully meet the existing needs. This is reflected in the insufficient number of socially oriented nonprofit organizations and social entrepreneurs, and in the relatively small proportion of the population involved in the non-governmental sector of social services. However, we should note the active development of the infrastructure for training social entrepreneurs, which includes accelerators, a business incubator, information and consulting support for social entrepreneurs.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

scholarly journals Protection of Animals Living in the Wild

2021 ◽  
Vol 30 (3) ◽  
pp. 173-194
Author(s):  
Hanna Spasowska-Czarny
Keyword(s):  
Endangered Species ◽  
Legal Protection ◽  
Administrative Law ◽  
The State ◽  
Wild Animals ◽  
Free Living ◽  
Legal Nature ◽  
Material Goods ◽  
In The Wild ◽  
The Right

Wild animals function in specific ecosystems, contribute to maintaining biological balance and their legal protection dates back to antiquity. Doubts about the legal nature of free-living animals existed long before the principle of dereification appeared in Polish legislation. Judicature took the position that although animals cannot be denied the attribute of material goods, they are not things. Acceptance of such an assumption led to the conclusion that neither the state nor any other entity has the right of ownership to animals. This was justified by the lack of possibility to subject free-living animals to human authority. The problem of legal protection of free-living animals as a part of substantive administrative law has been regulated in a number of acts of international, European and national law. The types and objectives of the protection of free-living animals and the methods of protection of endangered species are diverse.

scholarly journals ON THE QUESTION OF THE EXERCISE BY RUSSIAN WOMEN OF THE RIGHT TO FREEDOM OF LABOR

2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova
Keyword(s):  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
State Discrimination ◽  
European Court ◽  
Russian State ◽  
State And Society ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.

scholarly journals THE HUMAN RIGHT TO THE PROTECTION OF PERSONAL DATA ON THE INTERNET: THEORETICAL AND LEGAL ASPECTS

2021 ◽  
pp. 51-54
Author(s):  
T.P. Popovych
Keyword(s):  
Service Providers ◽  
Personal Information ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
The Internet ◽  
Specific Information ◽  
Human Right ◽  
Internet Service ◽  
The Right

The article is devoted to the analysis of theoretical and legal aspects of the human right to the protection of personal data on the Internet. The author believes that at the present stage the field of personal data protection on the Internet is becoming especially important, linking it with the universal importance of communication that occurs within the Internet, as well as the threat of unauthorized dissemination of information through it. The right to the protection of personal data is considered as one of the forms of realization of the human right to the respect for his private, family life, in the context of his inviolability on the Internet. Scientific intelligence begins with a review of information protection models that have emerged in the world. Yes, we are talking about the American, European and mixed models. However, the article provides an overview of the acts adopted by the relevant European institutions in this area. In addition, the article examines the experience of some foreign countries in ensuring the human right to the protection of personal data on the Internet, in particular Brazil, France and the Republic of Belarus. The author notes that the protection of personal data involves a number of positive and negative obligations of the state and individuals. Negative obligations are aimed at prohibiting the processing of personal data without the consent of the person to whom the specific information relates. The positive obligations of public organizations and individuals (organizations) are to comply with the established legal regime of personal data processing, including the use of appropriate technical means. That is, the author emphasizes that the legal obligations in the context of ensuring the right to protection of personal data on the Internet are imposed not only on the state, but also on Internet service providers, owners of online services and websites, etc., given the possibility that they have access to personal information.

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