scholarly journals Historical stages of development of the mechanism of state regulation of the institution of adoption

2020 ◽  
pp. 256-259
Author(s):  
Kyrylo Dombrovsky
Keyword(s):  
Legal Status ◽  
Social Institutions ◽  
Social Institution ◽  
Legal Framework ◽  
State Regulation ◽  
Customary Law ◽  
Order Property ◽  
Legal Norms ◽  
Social Forms ◽  
The Times

The article considers adoption as one of the oldest social institutions. The mechanism of state regulation of the institution ofadoption has a long history of formation and development. During the historical development of the institution of adoption, thiscategory of concepts has been improved, acquired new meaning and justification.In the primitive communal system, in order to survive, people had to stick together, work collectively and raise children together.Therefore, it was believed that in such a society, orphanhood did not exist.The institution of adoption as a social phenomenon is characterized by its customs and traditions, but its development andformation as a social institution are ambiguous and depend on the level of development of society, national characteristics andprevailing relations in society.The development and formation of the mechanism of state regulation of the institution of adoption can be traced back to ancientRome. Adoption was extremely widely used and took various social forms. Over the centuries, different peoples have changed the goals,conditions, order, property and non-property consequences of the adoption of another’s child, and sometimes adults. This was due tovarious purposes, which were determined by the historical, religious, social and political conditions of society at one or another stageof its development.The formation of the mechanism of state regulation of the institution of adoption in the times of Kievan Rus was taking intoaccount customary law. On the basis of customary law, the first legal norms on adoption in the collection of ancient Russian law“Russian Truth” are formed.The period of the Grand Duchy of Lithuania and the Commonwealth is characterized by the legal status of the child in the threeLithuanian statutes. Significant changes in the improvement of the care system took place during the reign of Catherine II.In Soviet times, the development of the mechanism of state regulation of the institution of adoption in Ukraine began with theadoption of legislation, the rules of which regulated the institution of adoption. During Ukraine’s independence, there were changes inthe mechanism of state regulation of the institution of adoption.Traditions, customs and rites, historical experience in regulating adoption relations show that they have become a core for theUkrainian state to create its own legal framework in the field of adoption.

scholarly journals Comparison of Emergency State Regulation Experiences in Latvia, France and Belgium

2021 ◽  
Vol 2 (20) ◽  
pp. 40-57
Author(s):  
Ieva Bērziņa ◽  
Coline Jeancourt-Galignani
Keyword(s):  
Human Rights ◽  
National Security ◽  
Legal Framework ◽  
State Regulation ◽  
State Institute ◽  
Legal Norms ◽  
Legal Provisions ◽  
National Legal System ◽  
Historical Comparative ◽  
National Framework

The article analyses the legal framework of emergency state in three countries – Latvia, France and Belgium. The aim of the study is to identify problems thus to improve the national legal framework. Given that the concept of emergency state has gained its relevance in 2020 with the spread of the Covid-19 disease, it has been found that the Emergency State Institute and its legal framework is an important part of every country’s national legal system, as it is a mechanism that helps to strengthen national security in case of external and internal dangers. Analysis of the legal framework of emergency state in Latvia in the context of the selected legal framework of two other countries is an effective way to assess whether the national legal framework requires improvements. In the research such methods were used as cognition, monographic, historical, comparative and analytical method, as well as interpretation of legal provisions recognized in scientific law, which contributed to understanding of the scope of legal norms in national constitutions and other related legislation in the context of the topic. In the result of the study differences in national basic laws and special laws were mainly identified, including the aspect of restriction of human rights, thus contributing to reflection and drawing conclusions on the necessary changes to the national framework. Research also outlines functioning and competence of municipality work in an emergency state.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

scholarly journals PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  
Keyword(s):  
Public Relations ◽  
Public Service ◽  
Legal Status ◽  
Social Institution ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Servants ◽  
The Public ◽  
The Status ◽  
Definition Of

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.

scholarly journals The Transformation of an Education Institute in Modern Lithuania

Pedagogika ◽  
2013 ◽  
Vol 110 (2) ◽  
pp. 13-19
Author(s):  
Kęstutis Trakšelys
Keyword(s):  
Social Life ◽  
Educational Institution ◽  
Social Institutions ◽  
Modern Society ◽  
Social Institution ◽  
Family Education ◽  
Modern World ◽  
Institution Building ◽  
Social Risks ◽  
The Times

The modernity theories of western-type societies are understood as a process, when a developing society approaches developed societies, reaching a certain level of economic growth, a certain level of public participation or a certain phase of democratic development, giving access for more individuals to the physical, social and economic mobility. In modern societies, the educational institution has become one of the key factors to ensure the stimulating and securing mobility of individuals. The modern world gives the education prominence in modern societies. Education has become a major means to climb up the ladder of social classes. Therefore, education has to be compulsory so that it prevents people from creating social groups that could turn into ones non - integral, excluded from society. The aim of modern society is to provide equal opportunities to everyone to learn and meet the needs of the times. According to the modernity theory the Institution of Education should become the basis of social security protecting the individual from various social risks in the future. According to functionalists, each social element of a society as a whole, including the educational institution, contributes to the stability of society. Summarizing various descriptions of the concepts of a social institution in the literature one can conclude that social institution is organized associations of people, who perform certain socially important functions through their social roles, or have common goals, values, norms and behavior patterns. Social institutions can be strong or weak, regardless of people‘s trust in them, nor the requirements of social life. It has been noted that in the scientific literature usually four major social institutions are identified: family, education, religion and politics. The importance of the institutions in society depends upon the times, the country’s political and economic context. The process of Institution-building in social life, acquisition of the well-established values is known as institutionalization. It takes place at all levels of social life, in small groups and large organizations. A greater part of ordinary societal life occurs in specialized institutional situations. Today’s social institutions are quite independent, though they are connected by people, who link themselves to a number of social institutions. Social institutions often compete among each other, for each of them aims at managing the main social functions of society. Family, education, church, and government often compete amid each other openly attempting to influence various groups of society.

scholarly journals Pengalihan Wakaf oleh Sarak Opat di Aceh Tengah Ditinjau Hukum Islam dan Hukum Adat

2021 ◽  
Vol 15 (2) ◽  
pp. 263-276
Author(s):  
Hazar Kusmayanti
Keyword(s):  
Social Welfare ◽  
Legal Status ◽  
Islamic Law ◽  
Social Institutions ◽  
The State ◽  
Customary Law ◽  
Economic Values ◽  
State Administration ◽  
Legal Position ◽  
The Law

Waqf is one of the institutions of Islamic social institutions that contain socio-economic values that are expected to help to realize social welfare that benefits can be enjoyed together. However, there are many problems related to waqf land, one of which is the change in the designation of waqf land-based on adat meetings.  The purpose of this thesis is to examine the legal position of waqf land that has changed its designation and implementation of waqf in Central Aceh District based on Islamic Law and Customary Law in terms of the Law. The research in this thesis uses the normative juridical approach The specification of the research conducted is analytical descriptive. Based on the results of this study, the legal status of waqf land that has been represented cannot be used if it is not in accordance with the waqf pledge, but there are exceptions to the waqf land that can be changed its designation and must follow the procedure for changes stipulated by Law Number 41 of 2004 Execution of existing land parcels in Central Aceh Regency, Islamic Law has been implemented correctly, but the state administration has not been implemented to the maximum.

scholarly journals On the conflict of law in legislative provisions pertaining to the admission of citizens to operating the vehicles

2021 ◽  
pp. 1-11
Author(s):  
Fazil Nazim ogly Zeinalov ◽  
Irina Sergeevna Mikhaleva
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Status ◽  
Road Traffic ◽  
Practical Experience ◽  
Legal Framework ◽  
Educational Process ◽  
Legal Norms ◽  
Systemic Analysis ◽  
The Right

The object of this research is the system of public legal relations in the sphere of ensuring road safety. The subject of this research is the legal norms that regulate the admission of citizens to operating the vehicles. The goal consists in analyzing the normative legal framework that regulate learner-driving, administration of driving tests for the right to operate a vehicle, as well as legal status of road users during the driving test. Research methodology is based on the fundamental provisions of the theory of law; generalization of practical experience; application of logical, monographic, and systemic analysis. The acquired results can be used in legislative activity of government bodies, law enforcement practice, educational process, scientific research on ensuring road safety, improvement of the branches of the Russian legal system. The novelty of this article is defined by practical and scientific significance of the problems of law enforcement agencies in the sphere of road safety, as well as the need for improving the legal framework that regulate the authority of police departments of the Russian Federation . The authors propose to discern between learner-driving and driving tests in the conditions of road traffic in the federal legislation and bylaws; establish the legal status of the exam administrator and the procedure of administering driving test; as well as specify responsibility of the indicated parties. Recommendations are made for improving the algorithm of administering driving test, and consolidation of definitions “driver candidate”, “driving test”, “exam administrator”.

scholarly journals On administrative-legal status of the driving examiner and examinee in the case of a traffic accident during the driving test

2020 ◽  
pp. 19-25
Author(s):  
Fazil Nazim ogly Zeinalov ◽  
Oleg Evgen'evich Gubenkov ◽  
Irina Sergeevna Mikhaleva
Keyword(s):  
Law Enforcement ◽  
Traffic Safety ◽  
Traffic Accident ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Norms ◽  
The Subject ◽  
Definition Of ◽  
Enforcement Activity

The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.

scholarly journals CRYPTOCURRENCIES LEGAL REGULATION

2018 ◽  
Vol 5 (2) ◽  
pp. 128-153 ◽  
Author(s):  
I Cvetkova
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
New Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
State Regulation ◽  
Virtual Currency ◽  
Digital Currency ◽  
Bank Transfer ◽  
The Right

This article evaluates the legal framework of cryptocurrency in various countries. The new currency instrument is abstract currencies. They are currencies in the sense that they can be exchanged peer-to-peer. They are representations of numbers, i.e. abstract objects. An abstract currency system is a self-enforcing system of property rights over an abstract instrument which gives its owners the freedom to use and the right to exclude others from using the instrument. Cryptocurrency or virtual currency is a cryptographically protected, decentralized digital currency used as a means of exchange. Due to the development of new technologies and innovations, the rate of use of virtual currency is rapidly increasing throughout the globe, replacing not only cash payments and payments by bank transfer, but also electronic cash payments. Among the best-known representatives of cryptocurrencies are Bitcoin, Litecoin and Ethereum. Legal scholars have not yet reached a consensus regarding the nature and legal status of virtual currency. Virtual currency possesses the nature of obligations righ ts as well as property rights, since it may be both a means of payment and a commodity. Depending on the country, the approach to cryptocurrencies may be different. Today there is already an international cryptocurrency community that does not have a single coordinating center. Only progressive jurisdiction and state regulation of cryptocurrency activity will allow the creation of the conditions that will ensure the implementation of legitimate and safe cryptocurrency relations.

Features of support of agriculture (the case of the Tyumen Region)

2020 ◽  
Vol 6 (1) ◽  
pp. 24-48
Author(s):  
Aleksandra G. Balakhnina ◽  
Gulnara F. Romashkina
Keyword(s):  
Rural Areas ◽  
Small Businesses ◽  
Federal Budget ◽  
Cost Effective ◽  
Legal Framework ◽  
State Support ◽  
Budget Planning ◽  
Social Forms ◽  
Regional Budget ◽  
State Programs

This article systematizes the legal framework, forms, and volumes of support for agriculture from the federal budget of Russia and the regional budget (on the example of the Tyumen Region). The authors have performed a detailed analysis of the directions of such support for 2016-2019. The historical, economic and social features of the relationship between the state and agriculture are shown. State support for agriculture is objectively necessary, and competent budget planning makes it possible to develop. However, the dominance of direct forms of spending support does not stimulate cost-effective and innovative activities, which in the future can bring the industry to a competitive level. There is very little and irregular support for social forms, the development of farming and other forms of private farming in rural areas. The authors conclude that the policy of state support is sufficiently provided by legislative acts, resolutions and state programs. Many programs are updated, and new versions are adopted even before the previous ones expire. Such strong volatility hurts strategic projects and agricultural initiatives. Less expensive forms of activity-mediation and trade turn profitable. Living conditions in the villages significantly stay behind in quality and opportunities, which leads to the human capital leaving rural areas. The authors propose to pay more attention to the development of indirect forms of support, to stimulate economic activity and small businesses.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

Sign in / Sign up

Export Citation Format

Share Document