scholarly journals Legal aspects of Palaeolithic sites protection in Ukraine

2019 ◽  
Vol 53 ◽  
pp. 315-321
Author(s):  
Anastasiia Shevtsova
Keyword(s):  
Cultural Heritage ◽  
Scientific Information ◽  
Scientific Research ◽  
Legal Aspects ◽  
Scientific Activity ◽  
The State ◽  
Archaeological Heritage ◽  
State Regulations ◽  
Legal Norms ◽  
Archaeological Materials

Despite the fact that Palaeolithic sites in Ukraine are objects of cultural heritage and protected by law, a large number of them is on the verge of total destruction. Organization of the processes of protection and preservation, as well as monitoring of the state of such sites, is based entirely on state legal acts. The Law of Ukraine On the Protection of the Archaeological Heritage defines the protection of the archaeological heritage as a complex of measures carried out in accordance with the legislation by state authorities, enterprises, institutions, organizations, citizens, aimed at keeping records, protection, preservation, proper maintenance, appropriate use, conservation, restoration, rehabilitation and museisation of archaeological heritage objects, as well as dissemination of knowledge about archaeological heritage. A characteristic feature of the objects of the archaeological heritage is the material embodiment of scientific information, which is largely stored in the place of its formation, regardless of the state of preservation. The basis for the protection of the archaeological heritage is its properties, which impose a ban on any work on this area, except for works related to the scientific research of the archaeological heritage. State regulations in the field of cultural heritage regulate relations connected to the protection of the archaeological heritage of Ukraine – an integral part of the cultural heritage of humankind, a vulnerable and non-renewable source of knowledge about the historical past, as well as determine the rights and responsibilities of archaeological heritage researchers. Scientific research of archaeological heritage is the scientific activity aimed at gaining new knowledge about the objects of archaeological heritage, patterns of development of ancient society and man on the basis of the results of the analysis of archaeological materials and documented information (publications, scientific reports, etc.) of archaeological character. It is extremely important to create the necessary conditions for the state to carry out scientific studies of Palaeolithic sites in order to organize a proper regime for their protection in terms of legislation. Key words: site, archaeological heritage, cultural heritage, protection of Palaeolithic sites, law, legal norms.

scholarly journals Legal Aspects of Immunodiagnostics and Immunoprophylaxis of Certain Diseases

2020 ◽  
pp. 650-677
Author(s):  
O. A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Public Awareness ◽  
Scientific Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Diagnostic Methods ◽  
Public Confidence ◽  
Public And Private ◽  
Health Maintenance ◽  
Legal Norms

Introduction: the article analyzes one of the aspects of Russian and international experience in immunological diagnostics and immunological prophylaxis of certain diseases, namely application of procedures that may restrict the rights of citizens while ensuring public safety. This topic is becoming more and more controversial due to collision of public and private interests, so its study appears to be highly relevant. Purpose: to evaluate the legality and validity of restricting the rights of citizens as part of application of immunodiagnostics and immunoprophylaxis procedures, to formulate proposals on improving legal regulation covering the procedures themselves and the harm compensation procedures in case of postvaccinal complications – all based on the analysis of scientific information sources, legal acts, materials of law enforcement statistics, opinion polls, foreign experience. Methods: dialectical, formal-logical, functional, sociological and other general scientific methods of research; specific legal methods: comparative-legal and formal-legal. Results: the approaches to understanding immunodiagnostics and immunoprophylaxis procedures and their significance have been analyzed, the problematic aspects of legal regulation and law enforcement in this sphere, and also violations of legislation have been identified; the experience of compensating for harm caused by vaccination has been studied. Conclusions: in order to effectively achieve the goals of public health maintenance and boosting public confidence in the procedures of immunodiagnostics and immunoprophylaxis, and to ensure the rights of citizens, a set of measures is needed as follows: constant cooperation with civil society institutions that should go in parallel to the application of medical and pharmacological advances accompanied by the improvement of legal norms; control over the safety of drugs; budget financing of alternative diagnostic methods and additional examinations aimed at reducing the risk of harm to health and at identifying all the contraindications; maximum public awareness of all procedures and medications when obtaining voluntary informed consent; imposition of restrictions on persons who refused to undergo the procedures in strict accordance with the law and in proportion to the real danger to the public interest; additional training of medical staff; improvement and simplification of procedures for compensation for harm in the event of postvaccinal complications with the priority of non-judicial procedures; increase of the compensation size.

The legal features of the introduction of the state land cadastre

2021 ◽  
pp. 133-138
Author(s):  
Tamara Terekhova
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
Domestic Literature ◽  
Stage Of Development ◽  
Land Surveying ◽  
Land Relations ◽  
Real Value

Formulation of the problem. At the present stage of development of land relations in Ukraine, the activity related to the maintenance of the state land cadastre is of great importance and is intended to collect information and inform the participants of land relations about the real value and legal regime of each land plot in Ukraine. Such activity requires effective legal support because maintenance of the state land cadastre requires clear and transparent procedures for entering information into it and receiving information from its registry. Recent research on the topic. Problems of legal regulation of the maintenance of the state land cadastre has not received a wide coverage. Among the most revealing researches it is necessary to emphasize the dissertation of N. Grabovets , in which the subject of research was the legal support of the main types of land cadastral activity, and the scientific study of O. I. Sidorchuk , in which the legal aspects of the order of maintenance of natural resource cadastres were discussed. Legal aspects of maintaining the state land cadastre can be found in scientific works of A. G. Borovitskaya, N. O. Kuchakovskaya and Z. V. Yaremak. Currently, a comprehensive study of the legal regulation of the state land cadastre has not been conducted in the domestic literature. The purpose of this study is to determine the legal specifics of maintaining the state land cadastre. Article’s main body. Scientific research is devoted to determination of legal peculiarities of introduction of the state land cadastre. It was found that the legal regulation of the state land cadastre must be a relationship between landowners and landowners, the state, state entities and the community. The foundation of the legal regulation of the state land cadastre is the Constitution of Ukraine, which states that the laws of Ukraine determine the principles of land use exclusively. However, it should be noted that the main legal act on the maintenance of the state land cadastre is the Law of Ukraine "On the State Land Cadastre". In addition, some provisions concerning the maintenance of the state land cadastre are reflected in the Land Code of Ukraine, the laws of Ukraine "On Land Assessment", "On Land Surveying", "On Topographic and Geodesic and Cartographic Activities" and several bylaws. As a result of the conducted research it was established that the complex interconnected process of maintaining the state land cadastre requires a clear legal support for its organization. Law norms that regulate the organization of the areas of cadastral activities, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act. Conclusions and prospects for the development. As a result of the conducted research it was established that the complex interrelated process of maintaining the state land cadastre requires a clear legal support for its organization. However, legal norms that regulate the organization of the areas of cadastral activity, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act.

scholarly journals Skaitmeninimas kaip mokslas: baris projekto patirtis

2008 ◽  
Vol 46 ◽  
pp. 67-83
Author(s):  
Rimvydas Laužikas
Keyword(s):  
Information System ◽  
Scientific Information ◽  
Scientific Research ◽  
Scientific Activity ◽  
Human Beings ◽  
The Public ◽  
Scientific Discussion ◽  
Evolving Systems ◽  
Computer Based ◽  
Definition Of

Skaitmeninių technologijų plėtra keičia humanitarinių mokslų šaltinių kaupimo, saugojimo, apskaitos, tyrimo bei mokslinės informacijos sklaidos procesus. Kartu keičiasi humanitarinių mokslų institucijų ir tyrėjų vaidmuo šiuose procesuose, taip pat visuomenės požiūris į mokslą ir jį globojančias institucijas. Tačiau šiuolaikinėje Lietuvoje skaitmeninimas yra suprantamas vien praktine prasme.Šio straipsnio objektas yra skaitmeninimas, kaip mokslo tyrimas. Straipsnio tikslai yra: a) atsakyti į klausimą, ar skaitmeninimas gali turėti savitą mokslo tyrimų objektą, jei taip – pateikti jo apibrėžimą; b) paskatinti kolegų mokslinę diskusiją – aptarti skaitmeninimo ne kaip praktinę, o kaip mokslo veiklą; c) pateikti aktualių skaitmeninimo tyrimų, kurie buvo atlikti vykdant BARIS projektą, rezultatų pavyzdžių.Straipsnyje teigiama, kad skaitmeninimas gali turėti savitą mokslo tyrimo objektą. Tai emuliatyvumas – specifinis žmogaus santykis su tikrove, kai žmonės, remdamiesi kriterijais, atrenka iš realybės objektus ir jų pagrindu skaitmeninėje aplinkoje kuria emuliacines sistemas, kurios mėgdžioja ir imituoja realybėje veikiančių natūralių sistemų veiklą. Svarbu pažymėti, kad emuliacinės sistemos nėra realybėje egzistuojančių sistemų kopijos, jos sukurtos perkodavimo būdu ir yra tokios pat savarankiškos, dinamiškos ir laisvai evoliucionuojančios sistemos, kaip ir tos realybės sistemos, kurias jos mėgdžioja.Emuliatyvumas yra specifinis, kompiuterinių technologijų, virtualaus pasaulio ir interneto atsiradimo paskatintas reiškinys, kurį galime nagrinėti labai daugeliu prasmių iki pat asmens psichologijos imtinai. Tačiau šiame straipsnyje apsiribojama tik ta emuliatyvumo dalimi, kuri yra susijusi su kompiuterinių technologijų taikymu kūryboje, paveldosaugoje, humanitariniuose bei socialiniuose moksluose. Straipsnyje pateikiamas skaitmeninimo mokslo tyrimų, apibrėžimas, skirstymas į istorinius, fundamentinius ir taikomuosius tyrimus, sąsajos su kitais mokslais ir praktinėmis veiklomis, aptariami terminijos, metodų klausimai, pateikiama tyrimų atliktų BARIS (Bažnytinių archyvų informacinė sistema) projekto vykdymo metu, pavyzdžių.Digitization as science: Baris project experienceRimvydas Laužikas SummaryThe development of digital technologies is changing the processes of accumulation, storage, accountability and research of sources of humanitarian sciences and dissemination of scientific information. At the same time the role of institutions of humanitarian sciences and researchers in these processes is changing, as well as the public attitude to science and institutions protecting it. However, digitization in modern Lithuania is understood in purely practical aspect.The subject of this article is digitization as scientific research. The aims of the article are the following: a) to answer the question whether digitization is able to have its own object of research, and if so, to present its definition; b) to encourage colleagues for scientific discussion about digitization not as practical but scientific activity; c) to present examples of studies that were carried out while implementing the BARIS project (Information system of church archives) relevant for digitization.It is claimed in the article that digitization is able to have its own object of scientific research and that object is emulativity – a specific human relationship with reality when human beings select objects from reality according to certain criteria and on their basis create emulative systems in digital space that imitate the activities of naturally existing systems. It is worth noticing that emulative systems are not copies of systems existing in reality – they are created in the way of recoding and are as much independent, dynamic and freely evolving systems as the ones they are imitating in reality.Emulativity is a specific phenomenon stimulated by computer-based technologies, appearance of virtual reality and the internet, and which can be studied in many different aspects, up to personal psychology. However, the article restricts itself by the emulativity part which is related to application of computer-based technologies in creation, preservation of heritage, humanitarian and social sciences. The article presents the definition of the scientific object of digitization, its division into historical, fundamental and applied studies, links with other sciences and practical activities; discusses issues of terminology and methods, and presents examples of studies carried out while implementing the BARIS project (Information system of church archives).

scholarly journals Legal Aspects of the Executive Bodies System Formation in the Area of the Use and Protection of Historical and Cultural Lands in Ukraine

2021 ◽  
Vol 3 ◽  
pp. 31-41
Author(s):  
Olena Bevz
Keyword(s):  
Cultural Heritage ◽  
Legal Aspects ◽  
State Inspection ◽  
Information Policy ◽  
The State ◽  
Executive Power ◽  
Cultural Significance ◽  
State Service ◽  
Land Usage ◽  
Heritage Protection

This article aims to determine the system of the state bodies of executive power in terms of their competence in cultural and historical land usage and protection, taking into account the latest changes in Ukrainian legislation. The author emphasizes that the administration of lands designated for historical and cultural use and protection should take place within a framework of executive bodies specifically authorized as regards cultural heritage protection. Special attention is drawn to the powers of such state bodies like the Ministry of Culture and Information Policy of Ukraine, the State Service for the Protection of Cultural Heritage of Ukraine, and the State Inspection for Cultural Heritage of Ukraine. The article includes a historical and contemporary overview of central executive bodies that ensure the formation and implementation of state policy in the sphere of cultural heritage protection. This scientific study focuses on the constant changes that occur in the system of executive power. The results of the investigation show that these changes in Ukraine take place irregularly today and are not conducive to the efficient use and protection of lands of historical and cultural significance.

scholarly journals Legal interpretation function in the system of functions of the notary of Ukraine: theoretical and legal aspect

2021 ◽  
pp. 277-281
Author(s):  
А. А. Marzhyna
Keyword(s):  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
Scientific Research ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Range Of Functions ◽  
Functional Purpose

The relevance of scientific knowledge of theoretical and legal aspects of the interpretive function of the notary in Ukraine is revealed in the work. Since the functions of the notary in general perform a general social role, due to their extension to public relations, it should be said that they are complex, implemented in various spheres of public relations, using various forms and methods, trying to perform tasks assigned by law at the notary. This indicates the possibility of distinguishing the types of functions of the notary, which in the doctrinal plan will allow to present the functions of the notary in the form of a clear system, and in practical terms - to establish the state of implementation of the functions of the notary. It is noted that today in the context of intensification of economic development of the state there is a strengthening of the role of the notary of Ukraine, so the problem of its reform, including in the context of improving the quality of notary functions, becomes especially relevant and needs scientific rethinking. First of all, this is due to the current European integration changes in the socio-political and legal life of Ukraine, which requires adaptation and harmonization of the functioning of the notary of Ukraine to the standards of the European Union. Noting the high level of relevance of scientific research of theoretical and legal aspects of the functional purpose of the notary in Ukraine, emphasizing the exceptional importance for the further development of the domestic notary system, the author analyzed the views of scholars on understanding the functional purpose of the notary and established their place and meaning . It is concluded that from the scientific point of view the classification of the functions of the notary: first, it is an issue that is poorly studied, the existing approaches to the classification of notary functions are quite scattered and sometimes controversial, which does not allow to establish a single comprehensive approach to characterizing the types of notary functions; secondly, the doctrinal uncertainty of the types of functions of the notary and their characteristics complicates the scientific research of the functions of the notary; interdisciplinary nature of scientific knowledge of the functions of the notary and their types; the presence of different types of notaries, due to its respective functional purpose and the range of functions performed by it; instability of the notary’s functioning, which is due to the intensification of itscurrent development, improvement and the tendency to expand the range of functions; ambiguity of doctrinal approaches to the combination and balancing of private-public elements in the activities of the notary system, etc. In accordance with the criterion of the purpose of the notary’s function, together with other functions of the notary, the legal-interpretive function of the notary is singled out, the purpose of which is to clarify the content and meaning of the legal norm concerning notarial activity and provide relevant explanations to legal entities. For example, clarification of the rights and obligations of the parties to the contract of sale of real estate, certified by a notary. Keywords: notary, notarial activity, functional purpose of notary, legal interpretive function of notary.

scholarly journals INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY

2020 ◽  
Vol 6 (4) ◽  
pp. 35-45
Author(s):  
Оlena Busol
Keyword(s):  
Comparative Method ◽  
National Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Asset Recovery

The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.

scholarly journals ADMINISTRATIVE AND LEGAL PRINCIPLES OF THE FINANCIAL SYSTEM OF UKRAINE

2020 ◽  
Vol 33 (20) ◽  
pp. 95-101
Author(s):  
V.V. Sukhonos
Keyword(s):  
Financial System ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Specific Model ◽  
The State ◽  
Legal Norms ◽  
Legal Principles ◽  
Political Transformations ◽  
Financial Infrastructure ◽  
The Impact

In the course of its economic and legal development, the formation and improvement of the financial system from a legal perspective continues to occur in Ukraine. Today, political transformations in one aspect or another affect the state of the financial system, that is, in some cases, they stabilize it, and in others, unfortunately, lead to its imbalance. At the same time, it should be noted that the financial system of Ukraine, as well as its functions in modern conditions, usually develop in close interaction with other links. Their interaction with the budget system is especially important for the functioning of the financial system itself since it contributes to the financial support of various branches of public life in Ukraine. At the same time, the axiology of the financial system of Ukraine requires analysis of its functional component, since in the legal and economic literature the specified category is still debatable. In addition, the concept of “financial system” is absent both in scientific sources and in the current legislation. The problems of the financial system have already been the subject of research by individual scholars. However, an analysis of their work shows that the administrative and legal aspects of the financial system are only partially revealed. That is why the purpose of this article is to analyze the very concept of the financial system and its components, as well as to study the impact on it of the relevant administrative and legal principles. As a result, it is concluded that finance, as well as the financial system as a whole, is crucial for the development of the state. They serve as the economic basis for the existence of even the state itself. The notion of “finance” is applied not only to the sphere of state property but also to the sphere of the effect of private relations, because in Ukraine the market relations develop. In this regard, finance is regarded as a public-law and private-law category, which is the very foundation of Ukraine’s financial system. Nowadays in Ukraine, there is a tendency of scientific research of peculiarities of legal regulation of a certain type of activity, including financial, because the latter has state-defined elements. Given that the main elements of the financial system include finance: state, local, economic entities of all forms of ownership, the non-productive sphere of activity, the population of the financial market, as well as financial infrastructure, it is possible to improve the definition of the content of the financial system as a set regulated by financial and legal norms individual units of financial relations and financial institutions through which the state creates, distributes and uses centralized and decentralized funds. This definition directly indicates that there is a specific model of legal influence created by a special combination of legal regulation of financial relations in Ukraine. The aforementioned allows convincingly to assert that in Ukraine there is an administrative-legal regime of the financial system, which is functionally oriented to the performance of functions and actions of the authorized state bodies in the implementation and provision of all elements of the financial system. Keywords: administrative and legal principles of the financial system, financial system, finances, money.

scholarly journals Organização da informação nos repositórios de dados de pesquisa em Portugal

2020 ◽  
pp. 87-91
Author(s):  
Elis Gabriela Copa dos Santos
Keyword(s):  
Open Access ◽  
State Of The Art ◽  
Early Stage ◽  
Scientific Information ◽  
Scientific Research ◽  
Research Data ◽  
The State ◽  
Data Repositories

At a time when issues related to Open Access to scientific information are daily discussed, it is considered valid to better understand research data repositories and how they are organized. Thus, this study carried out a mapping of the research data repositories currently active in Portugal, in order to analyze its organization. Were considered issues about the theme of the repository, the type of content stored, the metadata used in documents’ description and under which collections/categories the content is aggregated. Through the consultation of the re3Data and OpenDoar portals, 67 repositories were identified, of which seven were selected for the study: only open access repositories that contained data from scientific research, maintained by Portuguese institutions. The small number of repositories, as well as items stored in the analyzed repositories, points to the fact that the state of the art of research data repositories in Portugal is still at an early stage.

scholarly journals Principle of Humanism in the Constitutional Law of the Kyrgyz Republic

2020 ◽  
Vol 6 (5) ◽  
pp. 388-392
Author(s):  
N. Sutalinova ◽  
B. Toktobaev
Keyword(s):  
Research Methods ◽  
Legal System ◽  
Constitutional Law ◽  
Direct Action ◽  
Scientific Research ◽  
The State ◽  
Kyrgyz Republic ◽  
Entire System ◽  
Legal Norms ◽  
To Come

The article is devoted to the study of legal mechanisms for consolidating the principle of humanism in constitutional legislation. The authors, assuming that humanism as a universal, including legal category, is a fundamental guideline for the formation of the legal system of the state, explores the forms of expression of this principle through constitutional and legal norms. At the same time, the authors makes the assumption that humanism, being a comprehensive category, sometimes does not receive that direct fixation in the norms of direct action, which he could count on, given the significance of this principle for the entire system of regulators. In this regard, the author’s sets himself the goal of exploring the mechanisms of legal formation that lead to the desired result of the formation of an array of legal norms that mediate the principle of humanism. To achieve this goal, the author used general and private scientific research methods, which allowed to come to a number of conclusions, including a certain degree of declarativeness in the legal consolidation of the principle of humanism, when it comes to constitutional and legal norms.

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