scholarly journals CURRENT STATE OF ADMINISTRATIVE AND LEGAL REGULATION OF PENSION PROVISIONS OF PERSONS DISMISSED FROM MILITARY SERVICE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Tatiana P. Makarova ◽  
Keyword(s):  
Military Service ◽  
Social Protection ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Rights ◽  
Administrative Services ◽  
Normative Documents ◽  
Legal Norms ◽  
Current State ◽  
The Right

This article is devoted to the study of the current state of administrative and legal regulation of pensions of persons discharged from military service. The analysis of acts of the legislation of Ukraine, which regulate administrative and legal relations in the field of pension provision of the persons discharged from military service, in particular appointment and recalculation of pensions is carried out. The organizational and legal mechanism for ensuring and fulfilling Ukraine�s obligations regarding the constitutional rights to pensions of persons discharged from military service, as well as ways to improve it, is revealed. Problematic issues that arise in persons discharged from military service when applying to the competent authorities for the issuance of certificates confirming the right to a pension, and which confirm the right to recalculation of pensions. Problems when such persons apply to the bodies of the Pension Fund of Ukraine with applications for appointment and/or recalculation of pensions are also analysed. The causes of problems for persons discharged from military service regarding the appointment and/or recalculation of pensions are being studied, provided that a large number of normative documents are adopted by the state to regulate these issues. The urgency of the study lies in the need to regulate national legislation in the field of implementation of constitutional rights to pensions of persons discharged from military service in accordance with the concept of administrative and legal reform in Ukraine. This study substantiates the need to create and adopt a codified act � the Pension Code of Ukraine, which will promote the effectiveness of administrative and legal norms in the field of social protection of persons, including persons discharged from military service. The following editions were made during the writing of the articles. Public administration in the field of social and pension provision provides for the implementation of administrative procedures through open public activities, the use of clear legal instruments of democratic governance, streamlining public activities and providing administrative services to citizens to help realize their rights and freedoms. The norms formed within the framework of administrative law within the framework of the greatest development of the state-centric approach today play the role of a synergizing catalyst for the formalization of legal norms in various socio-economic spheres. The emergence of a new system of Ukrainian law on the division in accordance with the use, as a science, areas of law and practical law enforcement activities is now fully consistent with modern realities.

State and municipal service

2019 ◽  
Author(s):  
В Шайхатдинов ◽  
V Shayhatdinov ◽  
Валентин Агафонов ◽  
Valentin Agafonov ◽  
Леонид Вахнин ◽  
...  
Keyword(s):  
Public Service ◽  
Military Service ◽  
Service Management ◽  
Legal Status ◽  
Social Protection ◽  
Legal Regulation ◽  
The State ◽  
Personnel Policy ◽  
Municipal Service ◽  
Municipal Employees

The textbook deals with the main issues of the course "State and municipal service": General issues of state and municipal service, sources of law governing the state and municipal service, positions of state and municipal service, the legal status of state and municipal employees, issues of combating corruption in the state and municipal service, admission, passage and termination of state civil and municipal service, features of legal regulation of civil service in certain state bodies, military service, public service of other types, social protection of state and municipal employees, personnel work and personnel policy in the civil and municipal service, management of state and municipal service.

scholarly journals THE INSTRUMENTS OF ADMINISTRATIVE AND LEGAL PROVISION FOR THE REALIZATION OF THE RIGHT TO A SAFE AND HEALTHY ENVIRONMENT

2019 ◽  
pp. 109-118
Author(s):  
V. V. Polubatko
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Provision ◽  
Healthy Environment ◽  
Current State ◽  
The Right

The article is focused on determining the instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and formulating the propositions to improve the normative and legal regulation of the procedures of their application. The author of the article has established the state of scientific developments concerning the realization of the citizens’ right to a safe and healthy environment and the instruments of its administrative and legal provision. The concept of administrative and legal provision and its instruments have been revealed. The functions of public administration subjects assigned to them in the field of environmental protection have been highlighted; the shortcomings of their normative and legal regulation have been determined; and the ways of their solution have been suggested. The author has named the types of instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and their certain characteristics. The system of normative and legal acts regulating the procedures for their use has been studied. The current state of normative and legal regulation of the application of the instrument of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals has been clarified; and propositions and recommendations regarding the ways of its improvement have been formulated. In particular, a number of specific problems that are to be obligatory solved has been defined: lack of procedures of public administration activities and a normative act that would introduce unified rules for the application of the instruments of public administration activities; contradictions and inaccuracies that exist in the current normative and legal acts; validity of normative acts adopted with violation of powers.

scholarly journals Features of the constituent process in the activity of the Ministry of Internal Affairs of Ukraine

2018 ◽  
Vol 71 (4) ◽  
pp. 29-35
Author(s):  
D. V. Slynko
Keyword(s):  
Legal Status ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
The State ◽  
Legal Process ◽  
Management Activity ◽  
Legal Norms ◽  
Legal Literature ◽  
Internal Affairs ◽  
The Right

The constituent process as a kind of legal process has been researched. Its specific features in the activity of the Ministry of Internal Affairs of Ukraine include the fact that it is the result of legal regulation, not related to the existence of a dispute about the right; consists of a certain sequence of proceedings (in regard to agencies and units – creation, reorganization and liquidation, in regard to officials – appointment and removal); aimed at the formation, development and improvement of the institutional and personnel basis of the Ministry of Internal Affairs; acts as a special regulatory procedure for carrying out management activity of the implementation of the relevant legal norms; ensures the effective functioning of the state administration mechanism in the relevant field. On the basis of theoretical analysis of legal literature, the author has determined that the regime of the constituent process in the activity of the Ministry of Internal Affairs first in its general theoretical aspect distinguishes, first of all the specificity of the formation of the corresponding agencies and units of the state or the appointment of officials depending on their subordinate position within the structure of the Ministry, in particular, and the mechanism of the state in general. It has been argued that the purpose of the constituent process is the formation, development and improvement of the relevant agencies and units, the appointment of officials, as well as their management. It has been determined that the reasons for the origin of this type of legal process in the activity of the Ministry of Internal Affairs are the relevant legal facts or legal status. One can study the main elements of the procedural form in the constituent process in the activities of the Ministry of Internal Affairs, which combine the specific features and characteristics of each type of legal process.

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

On the Use of Unmanned Aerial Vehicles by Voluntary National Squads

2020 ◽  
pp. 97-102
Author(s):  
A. V. Khromov
Keyword(s):  
Unmanned Aerial Vehicles ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Order ◽  
Technical Equipment ◽  
Constitutional Rights ◽  
Legal Norms ◽  
Aerial Vehicles ◽  
The Russian Federation ◽  
The Right

In the article, the author considered the possibility of using unmanned aerial vehicles in the activities of a voluntary people’s squad during the protection of public order in the Russian Federation, the possibility of identifying violations and transmitting evidence obtained using unmanned aerial vehicles. The author found that the administrative-legal norms for the use of unmanned aerial vehicles by the people’s squad during the protection of public order in the Russian Federation have not been established, and therefore, in the opinion of the author, it is necessary to supplement the norms of civil law with the right to use technical equipment by people’s squads to protect public order. The author believes that the use of such means as an unmanned aerial vehicle would be justified, especially during mass events to ensure safety. The author believes that the urgent task in developing the legal regulation of the use of unmanned aerial vehicles by the national squad is to establish a balance in the administrative legal regulation of the use of unmanned aerial vehicles in order to optimally compromise the observance of the constitutional rights of citizens to privacy and public duty to protect public order.

scholarly journals DEGREE OF SCIENTIFIC SUBSTANTIATION AND ADMINISTRATIVE AND LEGAL SUPPORT OF CONSTITUTIONAL FUNDAMENTALS OF STATE AND CHURCH RELATIONS

2021 ◽  
pp. 71-79
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
The State ◽  
Freedom Of Religion ◽  
Current State ◽  
Administrative Legislation ◽  
Scientific Substantiation ◽  
The Right ◽  
The Church

The article analyzes the development of scientific thought on the administrative and legal support of relations between the state and the church, as well as reveals the current state of national administrative legislation in the field of religion. It has been established that in the doctrine of administrative law studies of administrative and legal support of relations between the state and the church are of a fragmentary nature. This has a negative impact on the administrative and legal regulation of public relations in the sphere of religion, on the effectiveness of public government bodies implementing state policy in the sphere of religion, and on the state of protection of believers in Ukraine. It is concluded that the state of scientific substantiation of administrative and legal support of the constitutional principles of relations between the state and the church remains unsatisfactory in Ukraine. It is substantiated that in modern conditions of society development, the church, despite all the restrictions enshrined in the constitutional principles of relations between the state and the church, is an active participant in administrative relations. However, the imperfection of the existing mechanisms for the implementation of the right to freedom of religion and the constitutional principles of state-church relations, as well as gaps in the current administrative legislation sometimes lead to the fact that in practice these constitutional provisions are either not implemented in practice or implemented in full or in part, which, in its turn leads to tensions in society over freedom of religion and the activities of religious organizations.

Medico-Social Examination: the Modern Aspects of Legal Regulation

10.12737/5942 ◽  
2014 ◽  
Vol 8 (1) ◽  
pp. 1-6
Author(s):  
Разиньков ◽  
D. Razinkov ◽  
Михайлов ◽  
I. Mikhaylov ◽  
Михайлова ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Government Support ◽  
Sociological Research ◽  
Constitutional Rights ◽  
Disabled People ◽  
Government Programs ◽  
Social Sphere ◽  
Traditional Classification

In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

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