scholarly journals Administrative and Legal Liability of Entities Providing Cosmetological Services in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 154-161
Author(s):  
А. І. Садовенко
Keyword(s):  
Capacity Building ◽  
Legal Liability ◽  
Specific Subject ◽  
Administrative Legislation ◽  
Problematic Issue ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Further Development

The problematic issue of legislative regulation of cosmetological activities in Ukraine, which concerns the subjects of providing cosmetological services and liability for the violation of their professional duties, has been studied. The author has offered own definition of the term of “administrative liability in the field of providing cosmetological services”. It has been established that administrative liability in the studied area arises on the basis of the commission of a tort by a specific subject. The classification of administrative liability in the field of providing cosmetological services, depending on the subject of the tort, has been accomplished. The author has offered to consider a person who provides assistance aimed at improving a person’s appearance, treatment or masking the defects in appearance in order to change the psychophysical condition of a person and meet his aesthetic needs as a subject of providing cosmetological services. It has been determined that the improvement of administrative legislation in the field of providing cosmetological services in Ukraine should be understood as the development of theoretical and practical areas of capacity building for further development of this phenomenon and the settlement of disputes that arise by revising, repealing or creating regulatory acts in this sphere. The necessity of codification of the legislation on the provision of cosmetological services has been substantiated. The existing theoretical provisions have been summarized and a new solution to the scientific problem of improving the administrative and legal liability of the entities providing cosmetological services in Ukraine has been suggested. It has been clarified that it is important to establish the basic requirements for the procedural aspects of providing medical and cosmetological services, for updating administrative legislation in this part, as well as the definition and consolidation of administrative and legal liability of entities providing cosmetological services in Ukraine.

scholarly journals Concept of tortious legal relations and their main features

2020 ◽  
Vol 10 (19) ◽  
pp. 80-89
Author(s):  
Vladyslav Teremetskyi ◽  
◽  
Yaroslav Zhuravel ◽  
Keyword(s):  
Public Relations ◽  
Legal Liability ◽  
Criminal Offense ◽  
Legal Norms ◽  
Procedural Law ◽  
Criminal Offenses ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of

The article is focused on studying the concept, content and essence of the definition of “tortuous legal relations”. The scientific works in the researched sphere have been analyzed. The author has indicated that there are gaps in the interpretation of the term of “tortuous legal relations” in its classical meaning and the place of this type of public relations in the legal system of Ukraine. It has been proved that most of scientific works do not reveal the meaning of this term, but its certain features were only indirectly analyzed in one way or another. The relevance and necessity of formulating the author’s definition of the term of “tortious legal relations” have been substantiated. The author has offered to understand this definition as relations regulated by legal norms arising in connection with the commission of an offense (tort), establishment of the tort’s fact, the use of state coercion during the process of bringing the subject of the committed illegal act to one of the types of legal liability, restoration of violated rights and freedoms and compensation for damage. Considerable attention has been paid to the novelties of national legislation on amendments to some codified acts of substantive and procedural law; the author has provided comments on the suggested amendments. It has been noted that the legislative enshrinement of the term of “criminal offense”, as well as the division of criminal offenses into crimes and misdemeanors and the selected criteria for such division is the most controversial. The components of the term of “tortious legal relations”, namely: the terms “tort” and “legal relations” have been revealed. It has been stated that tortious legal relations arise at the time of tort’s commission and are part of the legal relations. The issue of classification of legal relations and their features has been studied. Characteristic features of tortious legal relations have been revealed. It has been concluded that tortious legal relations, which are the component of legal relations and have all their features arise during the commission of a tort by a subject of legal liability.

scholarly journals Good offices: grasping the place of law in conflict

Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 469-496 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
International Law ◽  
Past Century ◽  
Legal Analysis ◽  
International Organisations ◽  
The Past ◽  
The Pacific ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

Pedagogical Professionalism of the Modern Higher School Teacher

2016 ◽  
Vol 4 (6) ◽  
pp. 31-36
Author(s):  
������� ◽  
Elena Kolyman ◽  
��������� ◽  
Evgeniya Muzychenko
Keyword(s):  
High School ◽  
Vocational Education ◽  
High School Teachers ◽  
School Teacher ◽  
High School Teacher ◽  
Teacher Professionalism ◽  
School Teachers ◽  
The Subject ◽  
Definition Of

The article presents the different approaches to the definition of teacher professionalism. The article analyzes the publication activity on the subject of pedagogical professionalism of teachers in higher education. There is a discussion of the problem of understanding and definition of pedagogical professionalism of a high school teacher. The article also describes the typical problems of a modern high school teacher. Analyzes the requirements of the professional standard "Teacher of vocational training, vocational education and secondary vocational education" to the modern high school teachers. The article presents the classification of professional competences, which should have a higher school teacher, and considered ways to solve the problems identified.

scholarly journals Geneza i pojęcie żywności lokalnej w powiązaniu z ideą zrównoważonejkonsumpcji

2019 ◽  
pp. 23-35 ◽  
Author(s):  
Elżbieta Goryńska-Goldmann
Keyword(s):  
Rural Areas ◽  
Local Food ◽  
Sustainable Consumption ◽  
Public Institutions ◽  
The European Union ◽  
Alternative Approach ◽  
Union Local ◽  
The Subject ◽  
Definition Of ◽  
Further Development

This paper reviews the conceptual apparatus and the genesis of local food, on the basis of definitions and with respect to legal conditions, as well as the popular ways of interpretation of local food and scientific research performed by different centers and institutions – both domestic and foreign. On the basis of that, the paper presents the author’s own proposition concerning the abovementioned issue. The aim of the paper is to present the genesis and the definition of local food in the perspective of sustainable consumption. While conducting the research, the scientific literature concerning the subject was reviewed, and the findings were documented with available statistical and market information. The research showed that public institutions see the potential of local food and hope that it can drive the development of rural areas in the European Union. Local food is an alternative approach to the way in which food consumption can be turned into a sustainable one. Informed and responsible consumers, who are aware of their own limitations and value tradition, provide some new quality to the society (as they constitute a specific form of social capital), what translates into bigger local food production possibilities and is the basis for the further development of sustainable consumption.

scholarly journals Definition of economic security of the subject of economic activity

2019 ◽  
pp. 70-78
Author(s):  
Roman Snishchenko
Keyword(s):  
Systematic Approach ◽  
Negative Impact ◽  
Economic Security ◽  
Security Studies ◽  
Theoretical Generalization ◽  
Important Direction ◽  
The Subject ◽  
Basic Approaches ◽  
Definition Of ◽  
Further Development

Introduction. Unstable Economy of Ukraine due to political and military factors accelerates the negative impact of the competitive environment in entities making their business vulnerable and unstable. The issue of companies’ economic security is becoming especially important. Gained experience is to be improved and further development of theoretical and methodological apparatus of companies’ economic security as an important direction of Security Studies is required. Goal. The article aims to study the author’s definition of economic security entities on the basis of acquired scientific experience. The object of the study is the processes of economic security. The subject of research is the theoretical bases of economic security at a separate business entity. Methods. Theoretical and methodological basis of the study is a systematic approach to the definition of economic security as a scientific category, scientific works of domestic and foreign scientists, the method of theoretical generalization, analysis, synthesis, abstract and logical, and others. Results. The article analyzes the current set of definitions of the company’s economic security. The basic approaches to the interpretation of the term are grounded. The expediency of refining classifications and increasing the number of approaches to the definition of economic security are substantiated. The author defines the complex economic category “economic security” as it relates to the business entity. Discussion. It is necessary to clarify purposes and principles of providing economic security of business entity under unstable economy.

scholarly journals Conceptualization of the phenomenon of social destructiveness from the perspective of archaization theory within the Russian socio-philosophical discourse

2021 ◽  
pp. 66-76
Author(s):  
Arsenii Belomytsev
Keyword(s):  
Middle Ages ◽  
Modern Society ◽  
Russian Society ◽  
Alternative Approach ◽  
The Subject ◽  
Definition Of ◽  
Destructive Processes ◽  
Further Development ◽  
Critical Overview

The subject of this article is the attempts of the Russian researchers to interpret the destructive processes in modern Russian society through the prism of development of archaization theory. Due to the lack of semantic definiteness, the concept of social archaization is often attributed to similar ones, such as “traditionalism”, “barbarization”, “patriarchalization”, “New Middle Ages", etc. The diversity of existing approaches substantiates the need to determine a certain theoretical core, which would become the foundation for further hypotheses. Special attention is given to problem of absence of a unified approach towards the definition of archaizing processes, as well as to the need for clarification and further functionality of the concept of social archaization. The novelty of this research consists in the critical overview and determination of flaws in the existing concepts of social archaization. It is demonstrated that the relevant findings of the Russian researchers do not always explain the origin of destructive processes in the Russian society. The effective practical solution to complications related to the phenomenon of social destruction is yet to be developed. The author proposes an alternative approach towards determination of the causes of archaization of the Russian society at the current stage; outlines the promising ways of reflection on archaizing trends; as well as formulates a refined definition of archaization of the modern society. The acquired results aim to lay theoretical foundation for further development and implementation of measures on overcoming destructive consequences of social archaicism.

scholarly journals FEATURES OF DETERMINATION OF THE COST OF PLANTS CERTAIN KINDS WHEN CARRYING OUT FORENSIC MERCHANDISING EXAMINATIONS

2017 ◽  
Vol 17 ◽  
pp. 351-359
Author(s):  
О. S. Obolentseva-Krasivska
Keyword(s):  
Ornamental Plants ◽  
Biological Properties ◽  
Planting Material ◽  
The Subject ◽  
Definition Of ◽  
The Cost ◽  
Market Relations

Flowers, ornamental plants, planting material (saplings) and other plants with regard to which the market with possibility of carrying out independent adequate marketing was formed, are the subject of evaluation by the experts in field of forensic merchandising. With the development of the market and market relations such goods as flowers, planting material and others are increasingly encashed in the market of Ukraine and become the objects of forensic merchandising examinations and expert researches. Special feature of merchandising researches of the plant origin objects is the use of the comprehensive approach to the estimation of their quality and cost. Researches are carried out with the purpose of determination of properties, consumer value, conformity to standards and specifications of plants certain kinds. When studying a considerable variety of flower plants, one distinguishes scientific and industrial classifications. In merchandising flowers industrial classification of flower ornamental plants which provides distribution of flower plants to the separate groups similar on biological properties, the agricultural technician of cultivation and practical application in gardening is used. During carrying out merchandising examinations on an establishment of consumer properties of certain kinds plants, namely establishments organoleptic indicators of quality and quantity of flower decorative production given for research, the expert checks conformity of this production to requirements of normative and technical documents. Requirements to quality of flower production are normalised by standards depending on production kind – cutf lowers, pottery blossoming plants, pottery decorative sheet plants, sprouts of flower decorative production, planting material, seeds of flower ornamental plants. At carrying out merchandising researches of flower decorative production, plants and saplings it’s necessary for merchandising experts to pay special attention on definition of quality indicators and a grade of plants according to standards, and also to consider data concerning age of a plant, novelty of a grade and origin country of production.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

Object of the Crime as a Symbol in the Doctrine of the Composition of the Crime

2021 ◽  
Vol 8 (2) ◽  
pp. 61-70
Author(s):  
Natalya S. Goncharova
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Clear Definition ◽  
Legal Literature ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation ◽  
Further Development

The author attempts to determine the place of the object of the crime in the doctrine of the composition of the crime. They analyze the views of scientists available in legal literature at various historical stages in the development of Russian legislation pertaining to criminal acts. Pre-revolutionary criminal legislation did not distinguish between the objects and the subjects of the crime. At the beginning of the 20th century, Russian criminal law science began to realize the need to distinguish the objects of crimes from the subjects. Since 1953, in connection with liberalization, there has been a clear definition of the subject of crimes, depending on their composition. Further development of the doctrine of the subject of crimes is characterized by a wide variety of scientists views, which the author analyzes, combining them into two groups, depending on the location of the subject of the crime as part of the crime: 1) the subject of the crime is a sign of the objective side of the crime and does not depend in any way; 2) the subject of the crime is a sign of the object of the crime and is inextricably linked with it.

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