scholarly journals GENERAL CHARACTERISTICS OF THE FORMATION OF PREREQUISITES FOR THE FORMATION OF REGULATORY AND LEGAL REGULATION OF ADMINISTRATIVE PROCEDURES FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES AS A DIRECTION OF REALIZATION OF THE SOCIAL FUNCTION

2020 ◽  
Vol 1 (9) ◽  
pp. 121-125
Author(s):  
Iryna Tkachenko ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Social Function ◽  
Legal Regulation ◽  
The State ◽  
Persons With Disabilities ◽  
Administrative Services ◽  
Administrative Procedure ◽  
The Social ◽  
Wide Range ◽  
Administrative Procedures

The articles analyze the essence of the concept of "administrative procedure", defined by its features and the degree of detail in national legislation. It is determined that the issues of the institute of administrative implementation and administrative procedure were devoted to a wide range of domestic scientists. The concept of "administrative procedure" and its identification with compatible concepts are analyzed. Certain features of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state are singled out. It is determined that through the whole system of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state can be classified according to various criteria, namely: 1) for the time (duration) of legal relations: one-time; temporary (short-term); permanent; periodic; 2) by stages in the system of legal relations of administrative services are consistently divided into: acquisition (appointment) of disability; provision of administrative services in the field of protection of the rights of persons with disabilities; termination (deprivation) of the status of a person with a disability; 3) with the exception of the competence to implement the administrative procedure: separate competence of the Ministry of Social Policy of Ukraine; exclusive competence of bodies in the field of social protection of oblast, Kyiv city state administration and the Autonomous Republic; exclusive competence of profile subdivisions and their officials as a part of local public authorities (district state administrations, united territorial communities); 4) for several subjects from among public administration bodies: administrative procedures that belong to the competence of one law enforcement body; administrative procedures falling within the competence of two or more law enforcement agencies.

scholarly journals Problems of small business in Ukraine and ways for their overcoming

2021 ◽  
Vol 71 (4) ◽  
pp. 69-76
Author(s):  
A. Chushak-Holoborodko ◽  
P. Horyslavets ◽  
O. Poburko ◽  
S. Shramko
Keyword(s):  
Law Enforcement ◽  
Small Business ◽  
Small Businesses ◽  
Bank Lending ◽  
Legal Regulation ◽  
The State ◽  
Normal Operation ◽  
Law Enforcement Agencies ◽  
Wide Range ◽  
Business Entities

The essence of small business and the criteria for enrollment of business entities to small enterprises and micro-enterprises, both according to the approach of domestic legislation and European standards are investigated in this paper The place of small business in the state economy and its role in its development is studied. Factors that shape the environment for small business in Ukraine and hinder its effective functioning are formulated. In particular, the legal capacity of small businesses and the biased attitude of law enforcement agencies towards small businesses permanently put pressure on small businesses and complicate the process of their activities. A wide range of inhibitory factors and factors faced by small business in Ukraine are analyzed and studied. The key areas that are most urgently in need of reform are identified, and their detailed and in-depth analysis is carried out. As the result, a list of small business problems in Ukraine is formed and grouped. Obstacles on the part of the tax system include refusal to register tax invoices for unknown reasons, delays in unblocking tax invoices and registration of invoices by tax authorities, as well as unfounded grounds on which taxpayers are included in risky and lack of clear instructions for exclusion from the list of risky. On the part of law enforcement agencies – unfounded criminal proceedings, slowing down the process of returning business entities to normal operation. On the part of labor relations are the complexity and inflexibility of the interaction between employee and employer and the procedure for dismissal of employees; conducting by the employer of documentary administration of labor in paper form; significant dispersion of legal regulation of labor inspections. In terms of availability of funding are non-compliance with the requirements of bank lending and lack of information about international programs, grants and donor funding with the participation of European organizations, as well as government programs to support business. Based on the outlined problems, a number of ways to overcome them, which will bring small business in Ukraine to a new level and strengthen the economic position of the state are formed.

scholarly journals INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

scholarly journals A SOCIAL FUNCTION IN THE SYSTEM OF STATE FUNCTIONS

2020 ◽  
pp. 8-12
Author(s):  
A. Dmytryk ◽  
O. Ilyushyk
Keyword(s):  
European Union ◽  
Social Function ◽  
Legal Regulation ◽  
Social Processes ◽  
The State ◽  
The European Union ◽  
Social Functions ◽  
Social Purpose ◽  
The Social ◽  
Definition Of

The article deals with the social function in the system of functions of the state, namely the definition of this concept. In state functioning there is purposeful influence on various spheres of life, social processes and connections. In performing certain functions, the state affects social processes, their dynamics and directions through reforms, transformations, legal regulation of social relations. The implementation of social functions stabilizes the development of the society. The article provides an in-depth analysis of the definitions of the state social functions and provides its relevant concept. It can be argued that the definition of social functions of the state depends on a number of factors, namely legal, political, ideological, informational, etc. It is established that in the theory of the state and law much attention is paid to the study of the social functions of the state. It is determined that the social function of the state, as a dynamic one and inherent in a particular stage of development of the state determines the main activities of the state, expressing its essence and social purpose, aimed at implementing the goals and objectives. The Constitution of Ukraine, along with other tasks, sets the goal of forming a welfare state. The changes that have taken place as a result of the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, have radically changed the socio-political and socio-economic situation in the society, as well as the ideas on the purpose, priorities and methods of realization of the social function of the state. The social function of the state is one of the main activities carried out in the social sphere of public relations to provide citizens with a decent standard of living, resolve social contradictions and realize the agreed interests of citizens, based on socially recognized and legally established social standards. The purpose of this article is to study the social function of the state. Despite the significant number of scientific papers devoted to the study of issues, the harmonisation of national legislation to the requirements of the European Union initiates research on the social function of the state in the context of dynamic socio-economic changes. Keywords: a state, a function, a social function, the objectives of the state, classification, stability, a social purpose of the state.

scholarly journals Legal principles of implementation of migration administrative procedures

2020 ◽  
Vol 1 (1) ◽  
pp. 251-257
Author(s):  
Yuriy Yermakov
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Legal Regulation ◽  
The State ◽  
National Strategy ◽  
Legal Basis ◽  
Administrative Services ◽  
Legal Principles ◽  
Administrative Procedures ◽  
The Subject

The article deals with coverage of legal regulation of administrative procedures in the field of migration. It has been established that the legal regulation of the provision of administrative services in the field of migration is based on the subject matter of the normative legal acts in the sphere of: 1) citizenship, including the issue of acquisition of citizenship of Ukraine; types of services for citizens of Ukraine on departure abroad, etc .; 2) immigration - arrival in Ukraine or leaving in Ukraine in accordance with the procedure established by law of foreigners and stateless persons for permanent residence. The author has classified legal acts of the legal basis of administrative procedures in the field of migration should be as follows: laws of Ukraine to be adopted by the Verkhovna Rada of Ukraine. For example, Law of Ukraine of January 18, 2001 No. 2235 “On Citizenship of Ukraine”; Law of Ukraine of 21.01.1994 No. 3857I "On the Procedure of Departure from Ukraine and Entry of Citizens of Ukraine into Ukraine"; Law of Ukraine of November 20, 2012 No. 5492 “On the Unified State Demographic Register and Documents Confirming Ukrainian Citizenship, Identifying a Person or Special Status”, etc .; decrees and decrees of the President of Ukraine (for example, Decree of the President of Ukraine dated 25.08.2015 No. 501/2015 "On approval of the National Strategy in the field of human rights"; Decree of the President of Ukraine of 27.03.2001 No. 215/2001 "Issues of organization of implementation of the Law of Ukraine" On Citizenship Decree of the President of Ukraine №327 / 2015 "On the admission of the citizenship of Ukraine to Lortkipanidze G. as a person whose acceptance into the citizenship of Ukraine is of national interest for Ukraine", etc.; resolutions and orders of the Cabinet of Ministers of Ukraine (eg Verkhov resolution Council of Ukraine of 26.06.1992 № 2503-XII "On Approval of the Provisions on the Passport of the Citizen of Ukraine"; Decree of the Cabinet of Ministers of Ukraine of 21.01.1993 No. 793 "On the State Duty"; specimen form, technical description and procedure for registration, issuance, exchange, transfer, withdrawal, return to the state, destruction of the passport of a citizen of Ukraine for traveling abroad, his temporary detention and withdrawal”, etc.; 4) orders, instructions, regulations, etc. of central and local executive authorities (for example, to obtain administrative services for acquiring citizenship of Ukraine are governed by normative legal acts, including Order of the Ministry of Internal Affairs No. 715 of 16.08.2012; etc.).

Social efficiency of internal affairs bodies

2021 ◽  
Author(s):  
Egor Bunov
Keyword(s):  
Law Enforcement ◽  
Empirical Studies ◽  
Multidimensional Analysis ◽  
Law Enforcement Agencies ◽  
Social Effectiveness ◽  
The Social ◽  
Wide Range ◽  
Degree Of Satisfaction ◽  
Internal Affairs

The monograph contains a theoretical analysis of the social effectiveness of the internal affairs bodies as the degree of satisfaction of the population with the quality of law enforcement activities to protect their interests, rights and freedoms. The results of a multidimensional analysis of empirical studies of the influence of macro - and microsocial factors on the effectiveness of interaction between the population and law enforcement agencies are presented. The article substantiates the criteria for social assessment of the activities of the internal affairs bodies, the use of which allows for practical adjustment of the forms and methods of the management system. For a wide range of readers interested in the practice of applying legal measures of law enforcement.

scholarly journals Selected Social Policy Instruments in Relation to Tax Policy

2018 ◽  
Vol 7 (11) ◽  
pp. 241 ◽  
Author(s):  
Vladimíra Žofčinová ◽  
Zuzana Horváthová ◽  
Andrea Čajková
Keyword(s):  
Social Policy ◽  
Minimum Wage ◽  
Tax Policy ◽  
Slovak Republic ◽  
Policy Instruments ◽  
Social Function ◽  
The State ◽  
Tax Collection ◽  
Subsistence Minimum ◽  
The Social

Tax sovereignty is now an expression of the phenomenon of state power. In general, there is a widespread but also accepted view that a citizen is dependent on the state and the state is dependent on tax resources. The social status of a citizen in the state is of great importance; it affects the development of personality and, last but not least, reflects the degree of democracy acquired in a particular state. Various tax law measures for the benefit of the citizen are important for the identification of social behavior and are an attempt to improve certain ways of life. The aim and ambition of this article is to emphasize the tools of social policy (e.g., minimum wage, subsistence minimum, social right to work) that are related to the social function of taxing income. In this context, the authors deal with a social function of tax collection and imposing of taxes, justice in taxation, and point out social aspects of the system of taxes in the Slovak Republic. In this article, the authors present the attitudes of both critics and proponents. It also deals with tax justice, which is often a category subjective to the evaluator. The benchmarking attribute of tax collection should be that citizens will have the certainty of social justice in the state and will therefore pay attention to the minimum wage and subsistence minimum as an integral part of tax policy under the legal conditions of the Slovak Republic. All tax legislation, especially tax reform, is perceived with a certain sensitivity regarding tax subjects.

scholarly journals Methods of interaction of the state border service of Ukraine with other law enforcement authorities

2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Universal Method ◽  
Coordination Control ◽  
Illegal Migration ◽  
Law Enforcement Agencies ◽  
Economic Methods ◽  
Forecasting Method

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

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