scholarly journals A History of Pensions in Ukraine

2020 ◽  
pp. 97-109
Author(s):  
Мykhailo SHUMYLO

Starting with the early examples of legal regulation by positive laws, the history of pensions in Ukraine has been studied. It has been found that the history of pension regulation, along with theory, is an integral part of social security law since it illustrates the dynamics of legal norms, which in turn allows lawmakers to avoid errors and predict their consequences during law reforms. It has been proved that the history of social security law should cover not only pensions that were established in the territory of Dnieper and Sloboda Ukraine but also pension regulation in Western Ukraine. Taking into account the fragmentation of the Ukrainian lands in the second half of the 19th century and in the first half of the 20th century, historical development stages of pensions in these territories have been classified into the following periods: (1) during the Russian Empire, which included Dnieper and Sloboda Ukraine; (2) during the dual monarchy of Austria-Hungary, which included Eastern Galicia and Bukovina; (3) development of pensions in Western Ukraine that was part of the Second Polish Republic during the interwar period; (4) pensions during the Soviet period; (5) development of pensions during the modern period (from the declaration of independence of Ukraine to the present day). It has been found that pension regulation in Western Ukraine during the interwar period was one of the most advanced in Europe since it was significantly influenced by Prussian (Bismarck’s) social law. It has been concluded that one of the features of pension regulation during the Soviet period was its discrimination that evolved from non-payments of pensions to some class enemies (the White Guards and their families, the nobility, the clergy, etc.) to discrimination based on profession (workers and peasants). Also, it has been proved that for the first time in the history of social security the latter was used by the Soviet government as an instrument in order to restrain and punish its own citizens. Four development stages of pension regulation, which was established after 1991, have been distinguished. The history of pensions has been defined as part of the social security law doctrine.

Author(s):  
Volodymyr Potulnytskyi ◽  

While studying Polish-Ukrainian relations, outstanding Ukrainian conservative thinkers, namely Vjacheslav Lypynskyi and Stepan Tomashivskyi, focused mainly on the problem of distinguishing the role of Poland in the history of the Ukrainian people and on the issue of orientation towards Poland as a factor in the emergence of the Ukrainian state. The role of Poland in the history of the Ukrainian people, according to conservatives, was twofold. On the one hand, it was Poland that paved the way for Ukraine to Europeanization, providing examples of state-style literature and culture. This constructive role of Poland was especially fruitful in comparison with the Asian influences of Moscow. In this context, the conservatives emphasized that these were the Poles who played a key role in the process of separating Ukrainians from Russia, promoting the rise and establishment of the Cossacks and the Hetmanate, as well as creating the very name “Ukraine”. Conversely, the conservatives negatively assessed the Treaty of Hadiach for Ukraine, which, in their opinion, was very rational, on the one hand, and contributed, on the other hand, to the extermination of the elite and aristocratic democracy, and which disorganized the nobility and made it republican by eliminating its chivalrous essence and adding destructive anarchism instead. The conservatives also sharply assessed the Treaty of Warsaw between Petliura and Pilsudski. Simultaneously, Ukrainian monarchists did not consider Poland a force that could play a role in the creation of the Ukrainian state, although they considered the territorial autonomy of Halychyna under Poland as the first stage in educating the citizens of Western Ukraine in the spirit of the state monarchical idea. They took the position of mutual understanding between Ukrainian conservatives and Halychyna Poles in achieving the autonomy of Ukrainian lands under Poland, although they condemned the concept of a federation of Poland and Ukraine in Halychyna under the conditions put forward by Halychyna Ukrainian National Democrats. Conservatives considered such a strategy doomed to failure without the creation of a conservative territorial group in Halychyna composed of local Poles and Ukrainians. Relying heavily on local Poles not affiliated with metropolitan Warsaw, they placed the main emphasis on the internal organization of the monarchists rather than on external allies, including Poland


Author(s):  
Vasyl Zhupnyk

Purpose. The aim of the study is to analyze the works of Soviet and modern Ukrainian scientists, which reveal the process of formation and specifics of the police in Western Ukraine in the postwar decade. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism and objectivity. The key was the historiographical method and comparative approach, which allowed to identify key approaches and trends in the study of the process of creation and operation of police bodies in Western Ukraine in the first postwar decades. Results. It is established that the scientific works which reveal the process of creation of the Soviet authorities in the western Ukrainian lands, in particular the militia, were formed on the basis of several subjective factors, which were especially evident in the Soviet period. So, first, they were usually timed to coincide with certain events related to the anniversaries of the police and the Communist Party; as a «leading and guiding force»; second, they were all based on Marxist-Leninist methodology; thirdly, they have a one-sided «positive» character, although they give an idea of the main activities of the police; fourth, they do not cover the causes of repression, and even if they do, only as a «fight against criminal and anti-Soviet» criminal elements. In the conditions of Ukraine’s statehood, the departure from ideological dogmas, as well as access to a large array of previously inaccessible to a wide range of researchers archival material made it possible to find new conceptual approaches to objectively cover the history of Soviet police in Ukraine. Scientific novelty. The analysis of the main theoretical and historical-legal approaches to the disclosure of the process of creation and activity of police bodies in the western Ukrainian lands in the conditions of the second wave of Sovietization is given. Practical significance. The results of the preliminaries can be obtained from the previous history and legal preliminaries, preparatory special courses.


2021 ◽  
Vol 16 (1) ◽  
pp. 50-55
Author(s):  
Evgeniya Аntonova ◽  
◽  
Igor Akulin ◽  
Tatiana Davydova ◽  
◽  
...  

The article is devoted to the formation and development of orthopedic dental care in Russia.The focus is on the analysis of the organizational aspects of the provision of orthopedic care in general, the study of the processes of the emergence and formation of medical and social programs in terms of the provision of orthopedic dental care. The beginning of the article is connected with the background and history of the development of orthopedic dental care in Russia. The emergence of the term “medical and social care” in general and in dentistry in particular refers to the Soviet post-revolutionary period of national history. The authors analyze aspects of the history of the formation and development of medical and social programs for certain segments of the population, consider the quality and accessibility of orthopedic dental care created in the Soviet health care system, the specifics of development and legal regulation of the industry in the Soviet period. According to the authors, in the entire history of domestic health care, mass free and generally accessible provision of complex and currently quite expensive dental orthopedic care was implemented for the first time in the world in the Soviet Union for the insured population of the country. However, the level of training of specialists, the quality of materials, tools and manufactured prostheses remained low. The population of the country did not impose high aesthetic and functional requirements for the dentures and it also contributed to their low quality.


The article considers the state policy of social protection of the population in the Republic of Uzbekistan. Methods of legal regulation of social security law. The system of social security law is analyzed. The history of formation and development of social security in the Republic of Uzbekistan is studied. Attention is paid to the rights of social security during the period of quarantine from a pandemic, and international legislation and experience are comparatively analyzed . The article deals with themain characteristics of the legal regulation of remote workers ' labor; theconcept and features of remote laboras a subject of labor law. The authors analyzed therelationship of an employment contract with a remote employee with other labor contracts. Legal acts in the field of regulating the work of remote workersin the context of a pandemic have been studied. Features of concluding an employment contract with a remote employee. Electronic interaction during the pandemic period, whichis under the control of the employer; - interaction between the employer and the employee is carried outusing public information and telecommunications networks.


2017 ◽  
Vol 1 (3) ◽  
pp. 90-99
Author(s):  
Anna Algazina

The subject. The study of the Genesis of the emergence and development of any phenomenonallows to know its essence, as well as to make a prediction about the prospects for itsfurther development. Given the importance of self-regulation in the context of the changesin our country, administrative reform, addressing the problems of the Genesis of self-regulationis very timely and relevant.The purpose of the article is to reveal the peculiarities of the emergence and developmentof self-regulation in Russia.Methodology. The methodological basis for the study: general scientific methods (analysis,synthesis, comparison, description); private and academic (comparative legal, interpretation,formal-legal).Results, scope. Under self-regulation this article is to understand the management activitiescarried out by self-regulatory organizations, and consisting in the development and establishmentof standards and rules of professional activity, as well as sanctions for non-complianceor inadequate performance. Based on the author's proposed definition of "self-regulation",the fundamental criterion for the recognition of any organizations the prototypeof the modern self-regulating organizations was selected the purpose of their creation: regulationof activity of subjects of professional activities and the availability of appropriategiven the objectives of the authority. The study of the history of creation and functioningof associations of subjects of professional activity allows to conclude that self-regulation isnot fundamentally new, previously unknown in our country a legal phenomenon.Conclusions. The first prototypes of self-regulatory organizations originated in Russia in theMiddle ages as a voluntary Association of merchants.In the XVIII century found the beginnings of a model of mandatory self-regulation. In thisperiod at the state's initiative used the European experience, was created workshops as anorganizational form of Association of artisans, granting the right to engage in trade.In the Soviet period on the self-regulation can only speak as declaratory of the principle offunctioning of the legal profession.The emergence of self-regulation as a special kind of management activities occurred inRussia in late 1990s – early 2000-ies. The greatest degree of legal regulation-regulationachieved after the adoption of the Law on SRO, established a combination of voluntary andmandatory models of self-regulation.


Author(s):  
Yevhenii Viblyi

The article attempts to analyze the stages of the crime in the history of Ukraine criminal legislation. The points of view of individual authors on the issue under study are given, as well as the author's own vision of the problem is shown. The study of the development of criminal law and legislation makes it possible to warn against new errors in the application of legal norms. The accumulated historical experience is important for modern researchers, legislators and practicing lawyers to take into account. That is why the controversial issues about the stage of the crime, which require further study and finding the best solutions are relevant in the historical context. Based on the insufficiency of the chosen topic, the purpose of the article is to determine the formation and historical development of the regulation of the institution of the stages of committing a crime. Having investigated the development of the Institute of stages of committing a crime, it is possible to identify the stages of its formation. The first stage is the period of the birth of this institution in the text of the "Russian Truth" and its further development up to the time of the Sudebnik of 1497 and 1550 years In literature there is no direct fastening of the stages of Commission of crime, however these rules, which allow a conditionally divided into two stages: attempted and completed crime. The second stage begins with the adoption of the Cathedral Code of 1649. At this stage, the legislator identifies three stages of committing a crime-intent, attempt, completed crime. The Cathedral Code of 1649 distinguishes punishments depending on the stage of the crime. The third stage is the period of validity Of the article of Military 1715. the Legislator distinguishes two stages-attempt and the finished crime, thus punishment for this or that stage practically do not differ, that is attempt at a crime was punished as a crime. The fourth stage covers the period from the adoption of the Code of 1845 to the first decrees of the Soviet power, relating to 1918. There is a clear legislative regulation of all stages of the crime; there are new-previously unknown stages; punishment is differentiated depending on the stage of the crime. In the Soviet period, the Institute continued its development, namely: there are new stages of committing a crime, there is a significant clarification of the signs of a particular stage. This period was characterized by increased repression, but it was during the Soviet period that the legal regulation of the institution of unfinished crime underwent significant development. Legal regulation of responsibility for an unfinished crime has passed a significant way of development. The development of the studied Institute changed taking into account the social structure in the state. A separate stage in the development of legislation on liability for an unfinished crime should be considered the Soviet era.


2019 ◽  
Vol 22 (2) ◽  
pp. 17-26
Author(s):  
Oksana Pugovkina ◽  

In this article there have been reconstructed the history of the politics of Soviet government in Uzbekistan in 1917-1930-ies basing on a wide range of archival sources of the early Soviet period. In addition, there were used the Soviet constitutions of Turkestan and Uzbekistan in the study, which had reflected the attitude of the Soviet government towards the former privileged stratum of Turkestan society


Author(s):  
Eleonora Narvselius

The study examines intellectual arguments detectable in the public debate on the thorny history of the Polish-Ukrainian borderlands. It focuses primarily on discourses generated by the Ukrainian (first and foremost, West Ukrainian) party of the dispute. As subordinated to the nation-centric historical accounts, but increasingly important theme opened for multiple uses, the historical diversity of the Polish-Ukrainian borderlands became an object of intellectual re-interpretation in Western Ukraine since the 2000s. Framing this intellectual asset in terms of multicultural heritage (bahatokul’turna spadshchyna) has signaled the effort of the Ukrainian intellectuals to inscribe the local—and, at the same time, transnational—past to a coherent national narrative. On the way, however, it proved to be that the multicultural “universes”—in particular, the Polish one—resist the seamless inclusion into the fabrics of Ukrainian-centric historical accounts due to unresolved memory conflicts rooted in the events of WWII and the post-war period. One of them is the resonant Polish-Ukrainian controversy over interpretation of the anti-Polish action of 1943—44 in Volhynia and Galicia whose ups and downs demonstrate, among other things, that a lack of mutually compatible intellectual conceptualizations of the shared past may undermine trustworthiness of gestures of political reconciliation. Nevertheless, taking the lid off the topic of Polish-Ukrainian violence that was hushed up during the Soviet period allowed Western Ukrainian memory actors to start talking about the multicultural heritage as a public good that deserves public attention. Nevertheless, in the author's opinion, it is still unclear whether in the nearest future the narratives on the dismembered Galician polyethnicity will appeal to cultural imagination of wider audiences or will instead remain an exclusive asset of elitist custodians.


Author(s):  
Dmitry S. Molokov

The article reveals and analyses the content of unpublished decrees on the shock-brigade of higher educational institutes adopted in Soviet Russia at the late 1920s. Despite the fact that the documents were signed by the government of the country, they have been practically not mentioned in the sourcebooks of legal acts, decrees of the Soviet government and historical and pedagogic literature. At the same time, they contributed to the transformation of the Russian system of pedagogic education, defi ning a course for the centralisation of management and outlining the contours of the model of continuous professional training of pedagogues. Evaluation of the text of the resolutions, their correlation with socio-cultural and historical conditions allowed us to determine the prerequisites for the formation of a shock-brigade of higher pedagogic educational institutions. Based on the analysis of archival sources in the Upper Volga region, the article provides examples of implementing the decision on the shock-brigade of pedagogic institutes at the regional level. The research materials supplement scientifi c information about the features of the national educational policy in the fi eld of teacher training and can be used to supplement the sourcebooks of legal acts of the beginning of the Soviet period of Russian history, implement modern educational policy in the fi eld of pedagogic education, analyse the activities of supporting universities, supplement the educational literature and content of training courses on the history of pedagogy and education.


2021 ◽  
pp. 151-168
Author(s):  
S. O. Pavlenko

The article examines the formation and development of legal regulation of operational and investigative tactics in different historical periods. It was found that the beginning of the direct formation of the legal framework (development and adoption of circulars, regulations, orders, instructions, instructions) of operational and investigative activities (organization and tactics) dates back to the beginning of the XX century. It is noted that despite the presence of some gaps (problems) in the legislation governing the search (search) activities in the pre-revolutionary period, in general, the provisions enshrined in regulations of that time became the basis (basis) for improving and developing regulatory organization and tactics of operational and investigative activities in subsequent historical periods, especially in the Soviet period. It is emphasized that in the Soviet period the first legal acts of the Soviet government (through the VNK), regulating operational and investigative activities, were far from perfect and only partially regulated the organization of covert work and tactics of operational and investigative measures, which affected unsatisfactory state of counteraction to crime. According to the results of the study of special literature, during the existence of Soviet power, more than two dozen departmental regulations were adopted, regulating the organization and tactics of operational and investigative activities in places of imprisonment. At the same time, despite such a strong legal framework governing operational and investigative activities, including in penitentiary institutions, the legal grounds for operational and investigative activities were largely ignored, and the basic principles of law enforcement – the rule of law – were leveled. The period of 1950–1960 is characterized by the beginning of the formation of operational and investigative activities as an independent academic discipline. At the same time, despite such achievements, a significant number of prominent scientists continue to consider operational and investigative activities and their theory as part of criminology. Only in the early 70’s the scientific community recognized operational and investigative activities as an independent discipline. This was directly facilitated by the scientific research of famous scientists. During the 1970s and 1980s, in the scientific developments of prominent scientists (D. V. Grebelsky, V. G. Samoilov), in addition to discussions on the object and subject of operational and investigative activities, attention was paid to compliance with the fundamental principles of human rights and freedoms. time of operative-search activity (rule of law, legality). However, the excessive secrecy of operational and investigative activities and the lack of a codified act that would regulate its implementation at the legislative level, makes it virtually impossible for the subjects of operational and investigative activities to implement these principles in practice. A thorough analysis of the scientific literature and the results of the survey of respondents shows that the current Law on OSA is currently outdated, and its provisions do not comply with the provisions of the law. The prospect of further exploration is a study of the current state of legal regulation of operational and investigative tactics and prospects for its improvement.


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