scholarly journals CIVIL REGULATION OF THE HOUSING RELATIONS AND THE PRINCIPLE OF SOCIAL EQUITY

2018 ◽  
pp. 91-104
Author(s):  
MIKHAIL BANDO
Keyword(s):  
Social Housing ◽  
Social Equity ◽  
Legal Regulation ◽  
Russian Society ◽  
Civil Regulation ◽  
System Method ◽  
The Social ◽  
Russian Law ◽  
The Right ◽  
Method Analysis

Introduction: the article is devoted to the problem of realization of the principle of social equity in the rules regulating housing relations. This problem is very relevant for the modern Russian society in which the housing problem is not solved. Though legal mechanisms in these relations also depend from economic but high-quality legal regulation also plays a serious role. The research objective is to check the hypothesis of existence of the principle of social equity in the Russian law, its involvement in regulation of the housing relations and insufficient realization on the example of some institutes. Methods: the research is based on a dialectic method, such logical methods as analysis, synthesis, deduction and also a system method. Analysis: there is a reasoning about existence of the principle of legal certainty in legal regulation and also the principles which are caused by essential qualities of the adjustable relations in the research. One of such principles is the principle of social equity. Its manifestation in regulation of the housing relations is analyzed. It is established that though this principle isn’t enshrined directly in the text of the law but it is implemented in court practice. In the housing law this principle is closely connected with category «the right to adequate housing». The need for the housing as a condition of physical existence of a person and the need for the housing of the quality providing the social dignity of a person are analyzed. The institute of rent of social housing along with the property can serve as the appropriate instrument of providing people with adequate housing, but isn’t deprived of essential shortcomings. Results: specific civil regulation of the housing relations does not fully consider the principle of social equity. Shortcomings of the institute of rent of social housing are revealed and also options of mitigation of these shortcomings (use of mechanisms of the tort liability and a so-called judicial penalty) are offered.

scholarly journals THE RIGHT TO LIFE FROM THE POINT OF VIEW OF PERSONAL AUTONOMY IN DECISION-MAKING ON EUTHANASIA (REVIEW OF THE ECHR PRACTICE AND THE LEGISLATION OF SELECTED COUNTRIES)

2021 ◽  
Vol 74 (11) ◽  
pp. 3108-3112
Author(s):  
Nataliia M. Akhtyrska ◽  
Yuriy V. Grodetskiy
Keyword(s):  
Law Enforcement ◽  
Personal Autonomy ◽  
Legal Regulation ◽  
Point Of View ◽  
Human Right ◽  
European Court ◽  
Logical Method ◽  
Legislative Support ◽  
The Right ◽  
Method Analysis

The aim: To analyze law enforcement practice on the basis of the national legislation of foreign states to single out features of legal regulation of the right to euthanasia realization and to outline the Ukrainian prospects of euthanasia legalization. Materials and methods: The empirical basis of the research is the legislation of some European countries (Belgium, Spain, Italy, Portugal, and the Netherlands) and Canada; decisions of the European Court of Human Rights on the right to voluntary death and the obligations of states; the results of a survey of 750 respondents conducted by the authors. The methodological basis of the study were philosophical views on life, death, and the right to certainty, formal-logical method (analysis, synthesis, induction, deduction, etc.), comparative, analytical, statistical, sociological methods of cognition, as well as a synergetic approach. Conclusions: The issue of legal regulation of euthanasia is multifactorial, socially conditioned, and requires a positive action of the state both in terms of regulation and/or prohibition, and the proper provision of citizens with health care. Legislative support for the human right to a “dignified death” is dictated, to some extent, by society’s demand, which must be finally resulted in the draft law. As for Ukraine, the adoption of such a law is obviously premature. Although according to a survey of citizens on euthanasia and the feasibility of introducing such a law in Ukraine, 57% are positive about the experience of other countries, and 41% were in favor of adopting a law in Ukraine, it is not possible to assess their opinion due to ignorance of legislation where euthanasia is allowed.

scholarly journals Development of Legal Regulation of Pension Provision for Servicemen and Their Families on the Territory of Modern Ukraine (XVIII-XX Centuries)

2019 ◽  
pp. 299-307
Author(s):  
Oleh RADCHENKO
Keyword(s):  
Pension System ◽  
Legal Regulation ◽  
The Social ◽  
Great Patriotic War ◽  
Disability Group ◽  
Post War ◽  
The One ◽  
The Right ◽  
First Time ◽  
Stimulation Of

The peculiarities of legal regulation of pension provision of servicemen and their families on the territory of modern Ukraine in the XVIII–XX centuries are investigated. In particular, it has been established that for the first time the right to pension provision was regulated by Peter I in 1720 in the Marine Statute, which provided service pension, disability pension and survivor’s pension. It was also determined that during the royal period, the provision of pensions was not properly arranged. The new pension system for servicemen began to be built up after the overthrow of the tsarist regime, which was the reason for the October Revolution of the Bolsheviks, but it was far from perfect. Consolidation of the right to pension, its types and conditions of appointment at the normative level did not mean the receipt of pensions. From 1919 till 1924, pension provision for servicemen and their families on the territory of the Ukrainian SSR developed as a republican, in accordance with the regulations of the normative legal acts adopted by the SNK of the UkrSSR, and from 1924, all-Union bodies were formed, therefore further legislation, in particular the one that concerned pension provision, has developed not as a republican, but as all-union. It was also found out that despite the fact that in the period of the Great Patriotic War and the post-war period, the social security of servicemen in general, and pensions in particular, were placed in priority areas, their financial situation and members of their families were at a very low level. It has been established that a number of features of retirement provision for servicemen and members of their families, established in pre-Soviet and Soviet periods, have survived to the present. In particular, it is relevant to types of pensions, stimulation of a later retirement, and differentiation of the size of the pension depending on the disability group, etc.

scholarly journals Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

scholarly journals ON THE QUESTION OF PERSONAL NON-PROPERTY RIGHTS UNDER CONDITIONS OF QUARANTINE MEASURES TO PREVENT THE DISTRIBUTION OF COVID-19 ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Inna Horislavska ◽  
◽  
Anastasiia Androshchuk ◽  
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Moral Rights ◽  
Freedom Of Movement ◽  
Judicial Practice ◽  
The Social ◽  
Legal Nature ◽  
Fundamental Rights And Freedoms ◽  
The Right

Now the world countries ran into the sharp problem of overcoming and counteraction to distribution in the whole world of COVID-19, and also application of responsibility for violation of quarantine. It is set on results research, that the personal unproperty rights for citizens were exposed to rather significant limitations, in fact normatively-legal acts in relation to responsibility for violation of quarantine and sanitary rules for prevention of COVID-19 have a row of legal contradictions. In the article on the basis of analysis of current national legislation, considerations of cases and theoretical and legal sources are investigated effective mechanisms of the legal providing of requirements of observance of sanitary rules and norms on prevention of infectious diseases in Ukraine. The problems of determination of legal nature, maintenance and realization of the personal unproperty rights open up in the conditions of introduction of quarantine events on warning of COVID-19. The article describes the concept of "the right to freedom of movement". This right was and is now more than ever one of the fundamental personal moral rights. The article examines the judicial practice of resolving cases in the context of the introduction of quarantine measures and ensuring the fundamental rights and freedoms of an individual through the introduction of technical means and risks that may arise in appropriate conditions. Proposals to eliminate the shortcomings of legal regulation in the studied area are substantiated. Human rights and freedoms, the degree of their recognition in the state and society, the level of their protection are determined by the type of its socio-economic organization, as well as the degree of social development and democratization of society. Personal non-property rights that ensure the social existence of an individual, including the right to freedom of movement, are closely related, both those that can be limited at the legislative level under certain conditions, and those that are not "subject to" such restrictions. Therefore, restrictions on the freedom of movement of an individual are possible only in cases provided by the Constitution and the Civil Code of Ukraine, other laws (but not by-laws, which are the rulings of the Cabinet of Ministers of Ukraine). And also in compliance with the principles of expediency, proportionality to goals. It is necessary to determine the participants in the emerging legal relationship, both those who "control" and those participants who are "controlled, limited".

scholarly journals The right to a healthy environment: social purpose, content and protection

2015 ◽  
Vol 2 (3) ◽  
pp. 175-180
Author(s):  
N V Danilova
Keyword(s):  
Environmental Law ◽  
Human Life ◽  
Legal Regulation ◽  
Legal Norms ◽  
Social Purpose ◽  
Healthy Environment ◽  
Positive Law ◽  
The Social ◽  
The Right ◽  
Subjective Rights

In the hierarchy of ecological and legal norms to ensure the right to a healthy environment it serves not just one of the principles of legal regulation in the field of environmental protection, but defines the ultimate goal, the social purpose of the industry of environmental law. Along with other global human rights the right in question acts as an indicator of the quality of human life. Analysis of the content of the right to blagopriyanuyu environment leads to the conclusion that the positive law, it is not a form of subjective rights and the legally protected interest. Therefore, it is sufficient to describe the characteristics of only the very good - the right to object, which is the favorable environment, its speakers, as well as ways to remedy.

scholarly journals Cyberbullying as a Deviation of the Right of Citizens to Freedom of Opinion on the Internet

2019 ◽  
pp. 96-101
Author(s):  
K. A. Ivanova ◽  
A. A. Stepanov ◽  
E. V. Nemchinova
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Legal Regulation ◽  
The Internet ◽  
The Social ◽  
Legal Nature ◽  
Harm To Others ◽  
The Right

Due to the widespread internetization of public relations, the Internet has become one of the most important platforms for the implementation of civil rights and freedoms, including the freedom of expression. However, some users go beyond legitimate exercise of this right causing harm to others by their actions. Cyberbullying is one of the forms of such actions.The purpose of the article is to draw the line between lawful expression of a negative opinion and cyberbullying while there is no necessary legal regulation in this field in the Russian legislation. To achieve this goal, the authors study the social and legal nature of cyberbullying relying on Russian and foreign experience. The paper highlights two cases of mass cyberbullying that took place in Russia in 2018 and caused a major public outcry.The authors conclude that the line between cyber-bullying and implementation of the freedom of expression is the deliberate focus of the former on causing moral suffering to the opponent and its unilateral nature. In addition, the paper focuses on the need for self-regulation of citizens on the Internet in order to protect public morality, as well as filling the existing legal gap.17

scholarly journals A Modern Doctrine of Administrative Jurisdiction: An Experience of Critical Rethinking

Lex Russica ◽  
2019 ◽  
pp. 57-68
Author(s):  
O. V. Pankova
Keyword(s):  
Administrative Law ◽  
The Other ◽  
Judicial Power ◽  
System Method ◽  
Independent Form ◽  
Legal Nature ◽  
Russian Law ◽  
The One ◽  
Administrative Jurisdiction ◽  
Method Analysis

The article focuses on various approaches to the concept of administrative jurisdiction in modern Russian Law, analyzes the problems and contradictions in the development of the theory of administrative jurisdiction in administrative law. Methodologically, the article is based on the modern achievements of the theory of cognition. In researching the author applied theoretical, general philosophical methods (dialectics, system method, analysis, synthesis, deduction), traditional legal (formal-logical) methods. Turning to the question of the concept of administrative jurisdiction, the author touches upon the problem of its subject composition and comes to the conclusion about recognition of courts as subjects of administrative jurisdiction and the existence of administrative and judicial jurisdiction as a form of this legal phenomenon. In this regard, the author substantiates the view concerning the need to abandon “narrow-wide” understanding of administrative jurisdiction that is considered precisely as outdated stereotypes of the Soviet era.Also, the study of subjects of administrative jurisdiction that is associated with a legal conflict is of considerable interest. In this context, the author raises the issue of the legal nature of the court’s activities with regard to application of administrative responsibility, believing that, on the one hand, it is a manifestation of activities that can be considered as an independent form of administrative jurisdiction. On the other hand, this activity amounts to justice, within the framework of which the judicial power is exercised.Having studied administrative jurisdiction as a category that allows revealing the content and legal essence of this type of state activity, the paper defines administrative jurisdiction in the context of its connection with judicial jurisdiction and justice.

scholarly journals The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges

2019 ◽  
Author(s):  
Volodymyr Venher
Keyword(s):  
Armed Conflict ◽  
Social Protection ◽  
Legal Regulation ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
National Legislation ◽  
The Social ◽  
Effective Remedy ◽  
The Right

The article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citizens of Ukraine to obtain the appropriate level of social protection. The article shows the problems of the status of internallydisplaced persons (IDPs), which should provide for them additional guarantees from the state, including social ones. However, the carried out research shows that this status often becomes a discriminatory factor that imposes disproportionate restrictions on individuals. The current legal regulation of social payments for internally displaced persons contains a number of rigid and rather complicated administrative procedures that significantly restrict, and in some cases even generally make it impossible to obtain social protection. The only effective remedy for the protection of an infringed right for pensions or other social benefits for internally displaced persons is an appeal to a court. The courts do not always carry out effective and prompt protection of the violated law. Despite positive examples of judicial practice, it can not always provide an adequate and well-timed level of social protection, which causes the need for the improvement of national legislation. VENHER, Volodymyr. The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges. Kyiv-Mohyla Law and Politics Journal, n. 4, p. 99–118, 2018. ISSN 2414-9942. Available at: . doi:http://dx.doi.org/10.18523/kmlpj153255.2018-4.99-118.

Towers of evil: Jean-Claude Brisseau

2018 ◽  
Author(s):  
David Vasse
Keyword(s):  
Social Housing ◽  
Violent Death ◽  
Social Milieu ◽  
Housing Projects ◽  
The Social ◽  
Human Animal ◽  
The Right ◽  
To Receive

Jean-Claude Brisseau’s early forays into filmmaking were inseparable from the social milieu he knew best, the blighted world of the social housing projects surrounding Paris and the particular institutions, formal or informal, that shape the prospects of French youth in particular. In the space of a decade, from the late 1970s to the year of the release of De Bruit et de fureur, Brisseau crafted a metaphysical approach to suburban existence that bears witness to the delinquency, disquiet and dereliction that parch the imaginary. Beneath the despoiled surface of ordinary things, the director consistently unveils a maleficent, almost supernatural essence that compounds the suffering of the human animal. Youth who routinely strive for transcendence, or simply for the right to receive an education, are brought to the brink of crisis. Focusing on violent death in La Vie comme ça (1978), on the instrumentalisation of relationships in L’Échangeur (1981) and on the Shakespearean vision informing De Bruit et de fureur (1988), the author paints a portrait of a humanity torn between elevation and despoilment, between nothingness and the light.

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