scholarly journals DEFINITION OF THE CHARACTERISTIC SIGNS OF THE CONFLICT OF COMPLEX CIRCUMSTANCES

Social Law ◽  
2019 ◽  
pp. 201-207
Author(s):  
V. Rudyak
Keyword(s):  
Social Services ◽  
State Power ◽  
Psychological State ◽  
Life Situation ◽  
The Subject ◽  
Key Features ◽  
Life Circumstances ◽  
The Law ◽  
Definition Of

The article identifies the signs of difficult life circumstances that are enshrined in the Law ofUkraine "On Social Services" and analyzes the scientific positions of scientists on the subject under study.Within the division, the author provided and analyzed his own list of key features that characterizedifficult life circumstances. It is pointed out that the key feature of such life circumstances is theimpossibility of overcoming them by a person on their own, but only by the intervention of another personor authorized bodies of state power. The influence of the psychological state of a person, his emotionalwell-being in characterizing the life situation as difficult, and the importance of complex consideration ofobjective and subjective circumstances, which can characterize the life situation as difficult, are studiedseparately

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

The Modern Law of Evidence

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Comprehensive Analysis ◽  
Standard Of Proof ◽  
Academic Literature ◽  
Logical Sequence ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Law Of Evidence

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.

Taking Constitutionalism beyond the State

2008 ◽  
Vol 56 (3) ◽  
pp. 519-543 ◽  
Author(s):  
Neil Walker
Keyword(s):  
Decision Making ◽  
State Level ◽  
The State ◽  
Regulatory Control ◽  
Future Career ◽  
Broad Agreement ◽  
Decision Making Capacity ◽  
The Subject ◽  
Key Features ◽  
Definition Of

In recent years, the idea that constitutional modes of government are exclusive to states has become the subject both of sustained challenge and of strong defence. This is due to the development at new regional and global sites of decision-making capacities of a scale and intensity often associated with the demand for constitutional governance at state level, to the supply at these same new sites of certain regulatory institutions and practices of a type capable of being viewed as meeting the demand for constitutional governance, as well as to a growing debate over whether and in what ways these developments in decision-making capacity and regulatory control should be coded and can be constructively engaged with in explicitly constitutional terms. The aim of the article is threefold. It asks why taking the idea and associated ethos and methods of constitutionalism ‘beyond the state’ might be viewed as a significant and controversial innovation, and so in need of explanation and justification – a question that requires us to engage with the definition of constitutionalism and with the contestation surrounding that definition. Secondly, taking account of the various arguments that lie behind these definitional concerns, it attempts to develop a scheme for understanding certain key features of constitutionalism and of its post-state development that is able to command broad agreement. Thirdly, and joining the concerns of the first two sections, it seeks to identify the key current tensions – or antinomies – surrounding the growth of post-state constitutionalism with a view to indicating what is at stake in the future career of that concept.

The Sanction of International Law

1920 ◽  
Vol 14 (1-2) ◽  
pp. 26-37 ◽  
Author(s):  
Ronald F. Roxburgh
Keyword(s):  
International Law ◽  
The Past ◽  
External Power ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Large Sections ◽  
Do So

Every satisfactory definition of law implies a sanction. Some penalty must be imposed upon a law-breaker, to be exacted, in the last resort, by external power. Force, therefore, is vital to law as it is to war, though normally it plays a less obvious part. A felon who is brought up for trial, condemned, and sent to prison, is induced by force, or by the fear of force, to submit to the court and to punishment. The policeman and the warder are the instruments of external power by which he is constrained to obey.Force also supplies the most important incentive for securing obedience to law. It is true, as Maine pointed out, that for every man who keeps the law through conscious fear of punishment, there may be hundreds who do so as it were instinctively, and without a thought on the subject. But while this law-abiding spirit, which is characteristic of large sections of a modern community, owes its origin to a number of causes, perhaps the most potent of all has been the enforcement of law through long ages in the past.

scholarly journals The law applicable to objective arbitrability: 'Lex fori', 'lex arbitri' and their alternatives

2021 ◽  
Vol 59 (3) ◽  
pp. 397-422
Author(s):  
Stefan Jovanović
Keyword(s):  
New York ◽  
Subject Matter ◽  
Applicable Law ◽  
Uniform Solution ◽  
The Subject ◽  
The Law ◽  
Model Law ◽  
New York Convention ◽  
Definition Of ◽  
International Conventions

Bearing in mind that there is no uniform solution to the issue of arbitrability of the subject matter of a dispute in international conventions and the Model Law, as well as that different national legislations solve this issue in different ways, the great importance of correctly determining the applicable law for objective arbitrability is noticed. The paper first analyses the lex fori and lex arbitri as classic points of attachment, and then their alternatives such as the lex causae for contract, the place of potential enforcement of the award and the law applicable to the material validity of the arbitration agreement, as well as the proposal to abandon the collision technique. After concluding that for several reasons it is inadequate to apply the law applicable to the arbitration agreement to this issue, and that it is still early to consider that there is an autonomous notion of arbitrability from the New York Convention, the author recognizes that the definition of objective arbitrability encompasses several aspects. Accordingly, for each of them it is necessary to determine separately the applicable law.

scholarly journals Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine

2021 ◽  
pp. 111-119
Author(s):  
Anastasiia Homeniuk
Keyword(s):  
Medicinal Product ◽  
Legal Regulation ◽  
National Legislation ◽  
Basic Patent ◽  
Utility Models ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
One Year ◽  
Definition Of

Keywords: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.

THE SUBJECT AND THE WORK OF DIFFERENCE: GENDER, SEXUALITY, AND INTELLECTUAL HISTORY

2011 ◽  
Vol 8 (1) ◽  
pp. 213-225
Author(s):  
SANDRINE SANOS
Keyword(s):  
Twentieth Century ◽  
Intellectual History ◽  
Liberal Democracies ◽  
Social Expression ◽  
The Subject ◽  
Late Nineteenth ◽  
The Law ◽  
Definition Of ◽  
Historical Past ◽  
Central Term

In her epilogue, Tracie Matysik argues that “questions of universalism, difference, and morality beyond the law have returned with a new force” (256). Similarly, in hers, Judith Surkis shows how the recent virulent controversies around the headscarf in republican French schools and their attendant legislation have a genealogy in the vibrantfin de siècledebates on pedagogy, secularism, and citizenship (243–8). Few would argue with Surkis and Matysik's contention that contemporary debates on universalism, citizenship, and secularism which haunt Western liberal democracies have a historical past, yet few have explored this past in such an illuminating manner. By reflecting on these issues, both studies illustrate how intellectual history, far from being the abstract and arcane sub-field of history it is still considered by some critics, has contemporary purchase and speaks to a present that must be thought historically. These authors show how (sexual)differenceconstituted a central term in the late nineteenth- and early twentieth-century definition of the nature and social expression of the subject.

The Modern Law of Evidence

2020 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Standard Of Proof ◽  
Academic Literature ◽  
Voice Identification ◽  
Logical Sequence ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Law Of Evidence

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, documentary and real evidence, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege and judgments as evidence of facts on which they were based.

A plea for rationality in the law of murder

Legal Studies ◽  
1990 ◽  
Vol 10 (3) ◽  
pp. 307-324 ◽  
Author(s):  
William Wilson
Keyword(s):  
Risk Taking ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
Dividing Line

It is generally agreed that the law of murder is in need of reform. The scope of the reform necessary has however become the subject of increasingly robust debate. The retreat from Hyam, it has been argued, leaves us with a law of murder which is both too wide and too narrow to justify the continued bifurcation of murder and manslaughter. believe this objection to be justified but consider equally that the substantive aims of a two-tiered law of homicide are not, as some believe, incompatible with doctrinal rationality. The task of criminal lawyers therefore must be to attempt to effect the necessary reconciliation of substance with form. I shall argue that central to this enterprise is the maintenance of the dividing line between intentional and reckless killings but that a definition of intention must be adopted which incorporates certain categories of risk-taking. As the definition now stands, the wrong categories are incorporated at the expense of the right ones.

The Meaning of Insolvency

2017 ◽  
Author(s):  
Hamish Anderson
Keyword(s):  
Cash Flow ◽  
Balance Sheet ◽  
Financial Difficulty ◽  
Central Concept ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Insolvency Proceedings ◽  
A Company

Insolvency proceedings relate to insolvent companies. Insolvency is therefore a central concept and the law requires a test of insolvency which can be used to determine whether a company is amenable to such proceedings and to regulate the availability of certain other rights and remedies concerning transaction avoidance which apply to protect the integrity of an estate which is the subject of insolvency proceedings. It is a curiosity of the Act that despite its title it provides no definition of ‘insolvency’ for these purposes but refers instead to ‘inability to pay debts’. The advantage of this looser terminology is that it embraces both cash-flow (or ‘commercial’) and balance sheet measures of a company’s financial difficulty.

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