scholarly journals State megatrends in the context of the composition of the forms of modern law

2018 ◽  
Vol 6 (3) ◽  
pp. 6-10
Author(s):  
Анна Гарашко ◽  
Anna Garashko

The purpose of this article is to analyze the impact of the ratio of legal and non-legal (ethnic) forms of law on the specifics of the manifestation in the state of one of the two global trends of international relations – nationalization and supranationalization. The author comes to the following conclusion: legal law is a factor leading to the autonomy of the state, as it determines the monotonous behavior of all its citizens, regardless of their ethnicity, which actualizes the trend of identification of the individual, first of all, with the state, and then with national unity. Ethnic law, on the contrary, connects people on the basis of common national interests and ideas, regardless of citizenship (citizenship), which, ultimately, due to the dominance of ethnic characteristics over political and legal components, leads to the integration of States, optimization of nationally determined migration processes. The methodology used in this study is represented by induction, comparison, analysis, system, axiological and cultural methods of cognition. In addition, the author relied on the universal dialectical scientific method.

2017 ◽  
Author(s):  
Jenny Chan ◽  
Mark Selden

The proletarianization of rural migrants is distinctive to contemporary China's development model, in which the state has fostered the growth of a “semi-proletariat” numbering more than 200 million to fuel labor-intensive industries and urbanization. Drawing on fieldwork in Guangdong and Sichuan provinces between 2010 and 2014, supplemented with scholarly studies and government surveys, the authors analyze the precarity and the individual and collective struggles of a new generation of rural migrant workers. They present an analysis of high and growing levels of labor conflict at a time when the previous domination of state enterprises has given way to the predominance of migrant workers as the core of an expanding industrial labor force. In particular, the authors assess the significance of the growing number of legal and extra-legal actions taken by workers within a framework that highlights the deep contradictions among labor, capital, and the Chinese state. They also discuss the impact of demographic changes and geographic shifts of population and production on the growth of working-class power in the workplace and the marketplace.


2019 ◽  
pp. 14-17
Author(s):  
Liubomyr ROMAN

Introduction. The reintegration of migrant workers is the renewal and accelerated development of ties between the individual and the society, the economic and cultural systems, the restoration of the impact of the individual on socio-economic, socio-cultural and political processes and phenomena, increasing participation in the processes of sustainable development on the basis of introducing elements of economic culture countries of pre-migration. The methodological bases for improving the mechanisms of reintegration of labor migrants should be assessed on the basis of available political and legal support. The problem of labor migration has now taken on a national scale, which brings it out of the limits of the influence of any organization, cluster or individual state authority. The formulation of a strategy for regulating labor migration should be made on the basis of the status of this problem as a national one, therefore, requiring macroeconomic regulation, which will be supported by a strong institutional and regulatory framework. The purpose of the paper is to substantiate the method of reintegration of Ukrainian labor migrants in the context of state migration policy. Results. Theoretical aspects of reintegration of labor migrants are covered. The content analysis of the legal acts of the President of Ukraine is carried out. A number of significant legal acts that have or can have a significant impact on state migration policy are characterized. The peculiarities of the functioning of the central executive body, which implements the state policy in the sphere of migration, and the recent changes in determining the range of subjects of formation and implementation of the state policy in the sphere of labor migration are analyzed. The importance of regulating the issue of investments earned during the emigration of funds into the national economy is substantiated. Conclusion. According to the conducted research, the method of reintegration of Ukrainian labor migrants in the context of the state migration policy is formed under the influence of debates about the factors, directions and forms of support of the respective processes by the state authorities. We believe that the main disadvantage of reintegration institutional support is the lack of a unified approach to the role and importance of repatriates for the sustainable development of the national economy. In our opinion, this approach should be consolidated in the form of the Law of Ukraine with a clear definition of the subjects of assistance to repatriation and reintegration of labor migrants, as well as to strengthen with additional measures of informational, organizational character, tax privileges for investing the money earned abroad for search, development of employers of skilled migrant workers returning to Ukraine.


Author(s):  
O.A. Kolotkina ◽  

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.


Author(s):  
Nicole B. Ellison

This chapter examines the state of the art in telework research. The author reviews the most central scholarly literature examining the phenomenon of telework (also called home-based work or telecommuting) and develops a framework for organizing this body of work. She organizes previous research on telework into six major thematic concerns relating to the definition, measurement, and scope of telework; management of teleworkers; travel-related impacts of telework; organizational culture and employee isolation; boundaries between “home” and “work” and the impact of telework on the individual and the family. Areas for future research are suggested.


2018 ◽  
Vol 8 (8) ◽  
pp. 2557
Author(s):  
Tamara G. ROMANOVA ◽  
Valentina D. BATOMUNKUEVA ◽  
Tatiana K. GYRGENOVA ◽  
Nataliya V. MONGOLOVA ◽  
Roman Zh. TSYDYPOV

The article is about the influence of economic factors on the health quality of the population as a public benefit. Health of the individual has an important role in national economy, both in processes of formation of public health, and in reproduction of quality of a manpower. The review of the indicators of evaluation test of health of the population applied in the Russian practice is given in article. Health of the population and economy of the state have close interrelation and interdependence: not only the economy influences health of the population, but also health of the population affects the economy of the state. The technique allowing to assess economic damages from loss of health on the basis of which economic losses from mortality of the population at working-age in Siberian Federal District are estimated is presented. The economic three-level model of health upgrading of the population allows to reveal paths of health upgrading for improvement of economy in the country is developed. The three-level model reflects preventive character with obligatory selection of the measures accompanying achievement of the main task – to upgrade the population health as the public benefit and to increase the level of economy.


2019 ◽  
pp. 167-175
Author(s):  
Inna Shevchuk

The article is devoted to the actual issues of determining the role of national interests in ensuring the economic security of the state. Established in the field of economic security, the priority national interest is the development of the national economy and the growth of the welfare of citizens. The researchers' views on the definition of the concept of «national interests» are researched and generalized that national interests are a systemic, synergetic concept that reflects the vital values of the Ukrainian people as the bearer of sovereignty and the sole source of power in Ukraine, the defining needs of society and the state, the realization of which guarantees state sovereignty of Ukraine and its progressive development. It is noted that national interests are realized through state interests, where the population of the country acts as the subject of interests, and the state through the state institutions implements and protects these interests. The main components of national interests include the provision of military-political sovereignty, economic well-being and cultural needs of the population. The military-political, socio-economic situation in Ukraine and the impact of globalization processes have made it possible to formulate a number of national interests, including: protection of state sovereignty; ensuring economic stability through self-sufficiency, stability and competitiveness of the national economy; polyvectorality of the country's foreign policy and the establishment of Ukraine as a reliable international partner; creation of conditions for the development of the spirituality of the population, improvement of the physical health of the nation; preservation of intellectual and scientific potential of the country, regulation of the issue of youth mobility. It has been proved that democratization processes require the involvement of citizens and civil society institutions in this process in order to form national interests through the maximum coverage of all spheres of society's life for the protection of human rights and citizen and acceleration of socio-economic development and modernization of the national economy. The most acute threats to national interests in the field of national and economic security are formulated. It is summarized that in the field of economic security, national interests reflect the vector of economic development of the state, its aspirations for economic independence and the effective use of economic benefits.


Author(s):  
Ana Karolyne Araújo de Sousa ◽  
Laurena Silva Pinto ◽  
Mônica Teresa Costa Sousa

O trabalho tem por objetivo principal analisar decisões judiciais do TJMA considerando demandas individuais relacionadas à efetivação e garantia do direito à saúde, a partir da oferta de tratamento médico/ medicamento específico por parte do Estado. Analisa-se a fundamentação das decisões e atuação do Poder Judiciário ante a defesa justificada como "reserva do possível" por parte do ente público. Com base na teoria da reserva do possível, o Estado defende-se alegando ser impossível a prestação de serviços específicos considerando ou a generalidade da política pública de saúde ou questões financeiras. Por sua vez, o Judiciário se manifesta ora considerando a pretensão individual (posicionamento mais comum) ora afastando essa possibilidade. Tomando por base decisão do Supremo Tribunal Federal, determinaram-se padrões mínimos para que as decisões sejam capazes de atender as demandas específicas sem que haja comprometimento da atividade generalizada por parte do Estado. A escolha das decisões foi realizada por meio de pesquisa junto ao sítio oficial do Tribunal de Justiça do Estado do Maranhão considerando os termos "saúde - Estado - reserva do possível". As decisões analisadas referem-se aos últimos cinco anos. Já as decisões de tribunais superiores foram analisadas tomando-se como base os mesmos termos de procura bem como a repercussão da decisão STA 175, de 2009, cujo relator foi o Min. Gilmar Mendes.Palavras-chave: Direito à saúde. Reserva do possível. Poder Judiciário. Estado.HEALTH LAW AND JUDICIARY: decisions in the Court of Maranhão StateAbstract: The study aims to at analyzing the judgments TJMA considering individual claims related to the execution and guaranteeing the right to health, from the offer of medical treatment / medication specific for the state. Analyze the reasons for decisions and actions of the judiciary before the defense justified as "possible reserves" by the public entity. Based on the theory of reserve for the state defends itself saying it is impossible to provide specific services or considering the general public health policy or financial matters. In turn, the judiciary is manifested sometimes claim considering the individual (most common position) now that possibility away. Based on the decision of the Supreme Court, it was determined minimum standards for decisions to be able to meet the specific demands without compromising the widespread activity by the state. The choice of the decisions was conducted through survey to the official Court of the State of Maranhão considering the terms "health - state - reserve the possible." The decisions analyzed refer to the last five years. Since the decisions of higher courts were analyzed taking as base the same search terms as  well as the impact of the decision STA 175, 2009, which was the rapporteur Justice Gilmar Mendes.Keywords: Right to health. Possible Reservation. The Judiciary Power. State.EL PODER JUDICIAL Y EL DERECHO A LA SALUD: decisiones en la esfera del Tribunal de Justicia del estado de MaranhãoResumen: El trabajo tiene como objetivo analizar decisiones en juicios del TJMA considerando reclamaciones individuales relacionadas con la ejecución y garantía del derecho a la salud, a partir de la oferta de tratamientomédico / medicamento específico por el estado. Analizar las razones de las decisiones y acciones del poder judicial ante defensas justificadas como "reservas posibles" por la entidad pública. Sobre la base de la teoría de la reserva posible, el Estado se defiende diciendo que es imposible proporcionar servicios específicos, considerando la política general de salud pública o los asuntos financieros. Por su parte, el Poder Judicial se manifiesta a veces considerando la posición individual (posición más común) y otras veces desconsiderándola. Sobre la base de la decisión de la Corte Suprema de Justicia, se definieron las normas mínimas para que las decisiones sean capaces de satisfacer las demandas específicas sin comprometer la actividad generalizada por el estado. La elección de las decisiones se llevó a cabo mediante una encuesta oficial a la Corte del Estado de Maranhão, teniendo en cuenta los términos "salud - estado -. Reserva de lo posible" Las decisiones analizadas se refieren a los últimos cinco años. Por otro lado, las decisiones de los tribunales superiores fueron analizadas tomando como base los mismos términos de búsqueda, así como el impacto de la decisión STA 175 de 2009, relatada por el Ministro de la Justicia Gilmar Mendes.Palabras clave: Derecho a la salud. Reserva posible. Poder Judicial. Estado.


2017 ◽  
Vol 5 ◽  
pp. 242-246 ◽  
Author(s):  
Jozef Kubás ◽  
Zuzana Ĺ tofková ◽  
Ján Mišík

The allocating revenue to the individual budgets of self-governments in the Slovak Republic is a highly sophisticated process. Redistribution of resources using fiscal decentralization is an effective instrument through which the government attempts to eliminate subsidizing of municipalities and self-governing regions from the state budget and thus achieve higher stability of the economy. The function of municipalities and higher territorial units is secured by so-called special purpose tax revenues, which do not go into the state budget but directly into the budgets of self-governments. This research contribution focuses on the revenue side of budgets of public administration institutions for the period of the last five concluding budget years. The analysis demonstrates the meaning and importance of tax revenues for the mentioned institutions as well as the expenditure side of the state budget. In this contribution, a comparative study identified the changes that occurred in the individual years of the presented range and subsequently, evaluated fiscal decentralization and its influence on the revenue side of budgets of municipalities.


Author(s):  
Tatiana Podolskaya ◽  
Ekaterina Medyakova ◽  
Nina Kolesnikova

Authors consider the impact of migration processes on the state of country’s security. The other actual direction of this research is to identify the dependence of country’s economic security on the intensity of migration regulation.  The complexity of assessing global trends in migration policy leads to the need for a comparative analysis of the conditions for their implementation in the context of world labor migration centers. The paper analyzes the main tools of migration policy, the study of which made it possible to summarize and identify measurable indicators of the impact of migration processes on the state of economic security. The complex of designated challenges and threats to the economic security of the state will allow to form an overall picture of the current state of the object and a qualitative medium-term forecast.


Author(s):  
Svitlana Tiutchenko ◽  
Alina Varyanichenko

The article deals with definition and national security of Ukraine at the present stage of formation of the state as one of the vectors of the Sustainable Development Strategy. The authors have identified and substantiated new views on the methodology of national security and ways to ensure under the Strategy of Sustainable Development of the country. On the basis of the conducted researches the conclusions concerning definition of national security of Ukraine and ways of its maintenance have been made. According to the authors’ approach, national security has been defined as a dynamic component of the strategic development of the state, the purpose of which is to ensure the security of the state, business and citizens, security of investment and private property, peace and border protection. The main structural elements of security are: institutional security, security of the regulatory subsystem, security of the functional-communicative subsystem and spiritual and ideological security. The interests or goals that need to be achieved on the path of development are considered as a constant value, and the threats are dynamic and change depending on the way of choosing to achieve interests. The basis of Ukraine's national security is the national interest, which is a set of internal and external needs of the state in ensuring the security and progressive development of the individual, society and the state. The bearer of the national interests of the state is the Ukrainian people. National interests are achieved through the execution of public administration in the security process.


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