scholarly journals The lack of constitutional and legal regulation of the forms of interaction between state authorities and local authorities as a negative factor in ensuring the social rights and freedoms of citizens

2020 ◽  
pp. 35-40
Author(s):  
Nikolai Trusov ◽  
Vladimir Tsvetkov
Keyword(s):  
Local Governments ◽  
Legal Regulation ◽  
Social Rights ◽  
Present Stage ◽  
Local Authorities ◽  
Social Sphere ◽  
Stage Of Development ◽  
Negative Factor ◽  
The Social

The article describes the problematic issues of constitutional and legal regulation of the interaction of state authorities and local self-government in ensuring the social rights of citizens at the present stage of development of Russia. The examples from domestic constitutional practice reveal specific problems in the social sphere, the solution of which could be avoided and possibly overcome by effective constitutional and legal regulation and institutionalization of issues of interaction between state authorities and local governments.

scholarly journals On the Preparation and Implementation of the Urban Reform of Public Self-Government of 1870

2020 ◽  
Vol 12 ◽  
pp. 33-36
Author(s):  
Natalya N. Okutina ◽  
Keyword(s):  
Local Governments ◽  
Organizational Design ◽  
Local Governance ◽  
Legal Regulation ◽  
Russian Empire ◽  
Present Stage ◽  
Stage Of Development ◽  
Legal Science ◽  
The Russian Empire ◽  
The City

The study of the experience of legal regulation of city authorities in the Russian Empire is one of the most interesting issues of historical and legal science today. Filling our historical vision of the development of local governance will allow further reform of local governance at the present stage of development. The author paid special attention to the issue of legal regulation and organizational design of the system of local governments according to the City Regulation of 1870. The article considers the competence of city institutions, conducted a short analysis of the interaction of state authorities with city authorities.

scholarly journals The echr and the Protection of Irregular Migrants in the Social Sphere

2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba
Keyword(s):  
Human Rights ◽  
Social Dimension ◽  
European Convention ◽  
Social Rights ◽  
Irregular Migrants ◽  
Social Sphere ◽  
European Court ◽  
Poor Access ◽  
The Social ◽  
International Adjudication

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.

SOCIAL HUMAN RIGHTS: GENERAL THEORETICAL CHARACTERISTIC

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
◽  
Tetiana Herhulenko ◽  
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Deep Understanding ◽  
Social Rights ◽  
Historical Aspect ◽  
Social Sphere ◽  
The Social ◽  
Housing Rights ◽  
Social Code ◽  
The Welfare State

In the article, within the framework of the general exploration of human rights was made an attempt to substantiate the importance of social rights as a separate category of rights that belongs to the «second generation» of human rights and needs analysis within the state and legal reality. Attention was paid to the historical aspect of the development of social rights. The events, that inevitably influenced the emergence, development and ideological justification of the need for recognition of social rights are analyzed, the causal links involved in their formation are also indicated. In publication the connection of social rights with the concept of the welfare state is revealed, the main purpose of this state is to promote the realization of these rights. The fundamental features of this form of organization of government and society make it possible to evaluate the great dependence of the realization of social rights on socially oriented policy and economy of the country. For a deep understanding of the essence and ideas embedded in the content of social rights, the features and characteristics of this category of rights are studied. Attention is also paid to the different approaches to the concept of social rights expressed by researchers in this issue. The sources in which social human rights are legally fixed are considered (the Universal Declaration of Human Rights, the European Social Charter, the Constitution of Ukraine, the German Social Code). Also there is a comparative analysis of the enshrinement of these rights in courses mentioned above. Particular attention is paid to the characteristics of social rights listed in the German Social Code, as well as to the content of the agreement between Ukraine and Germany about cooperation in the social sphere. Great attention in the publication is paid to the studying of events in Ukraine that hinder the realization of social rights. The coronavirus pandemic and military events in the East of the country have negative impact on the implementation of social rights. The statistical data confirming the violation of the housing rights and medical care at present are given. Conclusion is formulated about the need of analyzing social rights as a specialized group of human rights, which have passed a significant historical path of formation and have unique characteristics and features.

scholarly journals The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe

2020 ◽  
pp. 353-357
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Catholic Church ◽  
Social Protection ◽  
Legal Regulation ◽  
Social Rights ◽  
Holy See ◽  
Social Doctrine ◽  
The Social ◽  
The Catholic Church

The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.

scholarly journals About Formation of International Ethical Digital Environment with Smart Artificial Intelligence

2021 ◽  
Vol 11 (1) ◽  
pp. 1-9
Author(s):  
Evgeny Bryndin
Keyword(s):  
Artificial Intelligence ◽  
Intelligent Agents ◽  
Legal Regulation ◽  
Ethical Standard ◽  
High Tech ◽  
Digital Environment ◽  
Widespread Application ◽  
Social Sphere ◽  
The Social ◽  
Cognitive Robots

Intellectual agent ensembles allow you to create digital environment by professional images with language, behavioral and active communications, when images and communications are implemented by agents with smart artificial intelligence. Through language, behavioral and active communications, intellectual agents implement collective activities. The ethical standard through intelligent agents allows you to regulate the safe use of ensembles made of robots and digital doubles with creative communication artificial intelligence in the social sphere, industry and other professional fields. The use of intelligent agents with smart artificial intelligence requires responsibility from the developer and owner for harming others. If harm to others occurred due to the mistakes of the developer, then he bears responsibility and costs. If the damage to others occurred due to the fault of the owner due to non-compliance with the terms of use, then he bears responsibility and costs. Ethical standard and legal regulation help intellectual agents with intelligent artificial intelligence become professional members of society. Ensembles of intelligent agents ith smart artificial intelligence will be able to safely work with society as professional images with skills, knowledge and competencies, implemented in the form of retrained digital twins and cognitive robots that interact through language, behavioral and active ethical communications. Cognitive robots and digital doubles through self-developing ensembles of intelligent agents with synergistic interaction and intelligent artificial intelligence can master various high-tech professions and competencies. Their use in the industry increases labor productivity and economic efficiency of production. Their application in the social sphere improves the quality of life of a person and society. Their widespread application requires compliance with an ethical standard so that their use does not cause harm. The introduction and use of an ethical standard for the use of cognitive robots and digital doubles with smart artificial intelligence increases the safety of their use. Ethical relationships between individuals and intellectual agents will also be governed by an ethical standard.

scholarly journals THE IMPACT OF THE RURAL POPULATION ON THE DEVELOPMENT OF THE SOCIAL SPHERE IN MUNICIPALITIES

2018 ◽  
pp. 57-61
Author(s):  
Z. M. Khasheva ◽  
J. A. Berger
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Social Needs ◽  
Rural Settlements ◽  
Factors Affecting ◽  
Social Sphere ◽  
Volgograd Region ◽  
The Social ◽  
The Russian Federation ◽  
The Impact

This article focuses on direct and indirect factors affecting the development and functioning of the social sphere in rural settlements. The high role and importance of the actions of local governments in meeting the social needs of the population is noted. The author considers the criteria related to the organization of social facilities in municipalities. Analysis of the performance of the population in the municipal areas. The comparison of population size and density in different regions of the Russian Federation is carried out. Changes in the socio-economic situation of the population due to the impact of various factors are evaluated. The statistics of change of number of rural settlements of the Volgograd region are resulted.

A Study on the Necessity of Enactment of Framework Act on Social Economy: Focusing on the Status and Contents of Si and Gun’s Local Ordinances related to Social Economy in Gyeonggi-do

2020 ◽  
Vol 66 (1) ◽  
pp. 101-126
Author(s):  
Young Soo Park
Keyword(s):  
Local Governments ◽  
Social Enterprise ◽  
Social Economy ◽  
Social Enterprises ◽  
Local Authorities ◽  
The Social ◽  
The Status ◽  
Local Ordinances ◽  
Definition Of ◽  
Specific Definition

Social-economic entities, such as village enterprises and cooperatives, have appeared in addition to social enterprises since the ‘Social Enterprise Promotion Act’ was enacted, and local governments have established ordinances to support them. However, the ordinances have not been generalised and applied as there is no specific definition of ‘Social Economy’ in the applicable parent Act - Social Enterprise Promotion Act. This research aims to revitalise the social economy in local cities and counties in Gyeonggi-do. Thus, the paper has conducted a comparative analysis of the characteristics of the local authorities’ ordinances. The study has identified complex problems of the local ordinances and suggests potential directions for further developments for the ‘Social Economy Ordinances’. The results of the exploration are as follows. Firstly, 27 out of 31 cities and counties in Gyeonggi-do have established and implemented the ‘Social Economy Ordinances’; however, most of them have not specified ‘parent laws’ of the ordinances. Secondly, although, the definitions of ‘Social Economy Ordinances’ are varied in individual local governments in Gyeonggi-do, they have been using similar keywords. Thirdly, the target scopes of the policies under the current ‘Social Economy Ordinances’ operated by local authorities are inconsistent and incoherent in terms of the system of norm and effectiveness. Thus, the ordinances are needed to be collectively reorganised and modified when the Basic Act on Social Economy are enacted. Although the scopes of support are proper in terms of the system of effectiveness, it is necessary to improve the post-management sections for the policy of supporting the social economy.

scholarly journals Public services and digital technologies: legal registration in constitutional law

2019 ◽  
pp. 27-33
Author(s):  
E. P. Voronyuk
Keyword(s):  
Constitutional Law ◽  
Public Services ◽  
Social Issues ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Present Stage ◽  
Public Authorities ◽  
Technological Organization ◽  
Stage Of Development ◽  
Legal Context

The purpose of the article is to identify the role and place of digital technologies in public services. Considering the content and importance of the constitutional and legal regulation of public services using digital technologies in the context of the implementation of the constitutionally enshrined social statehood of Russia, the author draws the following conclusion: the objective of the modern State is to fully ensure enforcement of the needs of citizens and the provision of public services using digital technologies.The analysis of doctrinal approaches and normative consolidation of information and technological organization of interaction between citizens and public authorities showed that the innovative way of digital technologies has been chosen and normatively consolidated in modern Russia as the basis for economic development — the basis of Social Statehood. This requires scientific understanding and development of mechanisms for its implementation in social issues in the legal context.Also, the author gives a brief overview of the main risks of introduction of digital technologies in Russian constitutional law at the present stage of development. The paper reveals topical issues in heoretical and practical contexts; the author suggests the ways how they can be resolved. 

scholarly journals Collisions in local lawmaking

2021 ◽  
pp. 56-64
Author(s):  
Yana Lenher
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
Systematic Analysis ◽  
Subsequent Transformation ◽  
The Social ◽  
Depth Analysis ◽  
Local Law ◽  
Characteristic Features ◽  
Common Understanding

The study is devoted to clarifying the problem of existing collisions in local lawmaking, which allowed to substantiate the common understanding of this problem, as well as to identify new theoretical and applied conclusions and positions related to the need to resolve collisions in local lawmaking, their specifics and special characteristics. It is established that the country has adopted and operates a large number of regulations, many of which contradict each other, have internal inconsistencies and inconsistencies. Legal science and practice face the task of in-depth analysis of the causes of municipal legal collisions, finding ways to prevent and resolve them. It is pointed out that the emergence and increasing severity of conflicts in local lawmaking in most cases due to incomplete legal regulation of public relations, violation of the rules of legal technique in the adoption of local acts, insufficiently effective ways to prevent and resolve the latter. In addition, it is established that the method of settling and resolving local conflicts through the prism of legislative establishment of the priority of application of the norm and act is the most clear and effective. In the course of the research the systematic analysis of views on the collisions in law in general is carried out, the basic signs of the conflict in local law-making, its place among the specified categories in the plane are defined; analysis of the process of evolution of the social contradiction into a legal one with the subsequent transformation into a collision and a gap; legal conflict is defined as a subjective-objective phenomenon of legal reality. Among the existing large number of classifications of legal conflicts are local-legal, which are legal contradictions that arise due to subjective and objective reasons and errors in the exercise of powers to resolve the population directly and (or) through local governments, local issues, which is manifested in the adoption of regulations of local governments and their officials. Based on the analysis, the characteristic features of local-legal conflict are determined, which are detailed by the specified provisions on the connection of partial and general, manifestation in various forms and types, depending on the specifics of causes and solutions, local self-government issues of local significance and the emergence of the implementation of powers and the adoption of relevant municipal legal acts of local governments and their officials, with its own specific set of elements of the resolution mechanism.

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