Theoretical foundations of constitutional consolidation of the principles of social state and law

Author(s):  
Roman P. Lutskyi ◽  
Roman V. Zvarych ◽  
Vitalii B. Skomorovskyi ◽  
Liliia Y. Korytko ◽  
Olga B. Oliynyk

The authors of this article analysed doctrinal provisions, as well as Ukrainian constitutional legal practice. The social component of the system of functions of the modern state was studied. The present article analyses the activities of states where an intellectual, political, and practical breakthrough was made in solving the problem of state functions in the context of socio-economic reform. Attention is drawn to the specifics of the implementation of social activities of the Ukrainian state. The methodological framework of this study includes the main general scientific methods, namely socio-economic methods and techniques of the empirical level of cognition, the method of systematic analysis of numerous theoretical provisions on positive law, historical and statistical methods, the method of comparisons and analogies, generalisation methods, an analytical review of the available scientific publications on the subject under study. Furthermore, scientific methods in the field of legal science were also employed, such as normative-logical, comparative legal, historical legal. It was concluded that a social state is a state whose policy has a priority social orientation, which is expressed in the appropriate service of civil society by the state, the creation of necessary and sufficient conditions for the realisation of economic, social, and cultural human rights, the guarantee of its social protection and social security, based on the socio-economic capabilities of the state based on the principles of justice, proportionality, and a harmonious combination (balance) of public and human interests

2019 ◽  
pp. 139-143 ◽  
Author(s):  
Liubov Honchar ◽  
Svitlana Harna ◽  
Antonina Shnurko

Purpose. The aim of the article is to research the topical problems of the current state of wages in Ukraine, identification of the primary causes of low wages and determination of ways of their solution. Methodology of research. Methodological basis for the study was the scientific methods of cognition, based on a systematic approach to solving the tasks. A number of general and special scientific methods of research is used to achieve this goal and to obtain the results of the research: dialectical; monographic (when working on scientific publications); systematic analysis (when examining the state of wages in Ukraine); method of analogies and comparisons (in the study of minimum wages of EU countries); comprehensive analysis (in formulating conclusions and proposals for solving problems) and others. Findings. The problematic issues of the current state of wages in Ukraine are investigated. The optimal ways of solving the problem of wages in our state, among which are the following: study of the leading Western experience; active participation of the state in the regulation of remuneration; improving the tariff system and normalization of labour; increase part of wages in the cost products (through wage deduction); reducing the amount of arrears of wages and salaries, etc. Originality. Complex approach to solving problematic wages of workers in our state, which allowed highlighting the possibility of qualitative improvement of its condition and creating a basis for increasing the interest of employees to high-performance work in the near future, is used in the article. Practical value. These suggestions will provide an opportunity to overcome the problems of the current state of wages in Ukraine. Key words: cost of living; wages; arrears; salary; labour productivity; labour force; functions of wages.


Author(s):  
Svetlana Pirozhok

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.


Author(s):  
Oksana Strelchenko ◽  
Alexey Bukhtiyarov ◽  
Iryna Bulyk

Health is the greatest social and individual value, a priority criterion of socio-economic development of the country, and alsolargely determines the state of social well-being of citizens. The creation of departmental medicine in the system of the Ministry ofInternal Affairs was due to the need to perform a number of special tasks, including: medical and psychophysiological examination,medical support of operational and service activities of employees of the Ministry of Internal Affairs of Ukraine. It should also be notedthat medical relations exist not only in the sphere of activity of health care institutions subordinated to the Ministry of Health ofUkraine, but also departmental ones, in particular those within the sphere of management of the Ministry of Internal Affairs of Ukraine.Such facilities provide medical services to the appropriate categories of persons who have the right to be served in them, including thepolice. The activities of bodies and units of the National Police to generate their own revenues are not only a socially oriented way toattract additional financial resources to ensure the effective implementation of these units of state functions, but also solves a numberof current issues of social protection of police: the state must create conditions providing police. At the present stage of state formation,according to the current legislation, there is a network of departmental health care facilities, which are maintained at the expense ofbudget funds. Such a network includes, along with clinics and hospitals, and health facilities (boarding houses, medical rehabilitationcenters, recreation centers, etc.), cultural and sports organizations. In this context, the social protection of police officers should be consideredin a broad sense, including a number of important components that are directly related to the provision of money. The issue ofthe widespread perception of social protection includes health care, as the provision of the latter undoubtedly allows to obtain a pronouncedsocial effect. Medical support of police officers has a clear social orientation, this is what the functioning of departmentalmedi cine of the Ministry of Internal Affairs of Ukraine is aimed at.


2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Наталья Путило ◽  
Natalya Putilo

The welfare state and its constant development accompanied by the appearance of new characteristics or changing old require to update scientific approaches to this phenomenon. The author researches existing approaches to the allocation of signs of the Welfare state. The article proposes a new system of formal legal criteria of the welfare state, which allows to determine the social orientation of the state excluding quantitative economic and social indicators. The author includes following criteria: 1) implementation of the principle of the social state; 2) reflected in the constitution of the list of social rights; 3) characteristics of the constitutional status of social rights; 4) enabling of the application of international law in the national legal system; 5) legislative consolidation of state duties in the social sphere and the mechanism of their implementation; 6) constitutional recognition of legal guarantees for the implementation of social rights (standards, specifying the general requirements for the economic structure of the state, taxation, redistribution processes); 7) legislative concretization of the mechanism of realization of social rights; 8) constitutional recognition of the special institutions, typical of the welfare state; 9) the presence of specific public authorities and other structural elements; 10) consolidation of the rule of law; 11) the status of social legislation. The proposed system of criteria based on international indicators of quality of life, takes into account the historical experience of the formation of the social state.


Author(s):  
S. V. Vasylchak ◽  
M. P. Dubyna Mariya Petrivna ◽  
S. B. Soloviy ◽  
O. R. Zhydyak

The subject of the study is theoretical and methodological principles of theformation of inter-budgetary relations in Ukraine in the conditions of decentralization andreformation of the pension system.The purpose of the study is to identify the most significant problems of the development ofthe pension system in Ukraine in the context of developing intergovernmental fiscal relations ina context of decentralization and outlining possible solutions. Research methods. The study uses a set of scientific methods and approaches, includinglogical generalization, systemic, comparison method, graphical, which allowed to ensure theconceptual unity of the research .Results of work. The article investigates the state of inter-budgetary relations of Ukraine inthe conditions of decentralization. A comparative characteristic of centralized and decentralizedmodels of intergovernmental fiscal relations has been done. An analysis of the structure of localbudget revenues in Ukraine in 2017 has been conducted. Describes the possible risks in theprocess of decentralization.The directions of improvement of interbudgetary relations in the conditions ofdecentralization in the context of solving the problems of the reformed pension systemdevelopment in modern Ukraine are grounded. It is determined that the improvement of thecurrent pension system has a multi-faceted nature and is designed for a long-term perspective,which consists in the implementation of already adopted legislative acts, identifying theirshortcomings and developing proposals for improving the system of state regulation in this area.The field of application of results. In the field of economic sciences and in the practicalactivity of the structural units of the Pension Fund of Ukraine.Conclusions. The main results of the study and its theoretical and methodological resultscan be reduced to the following: pension provision and its level determine the economic andsocial situation of the population of the country, forms a system of social protection, the researchproves that the state conducts. The pension reform, while not having the necessary amount offinancial resources, has identified an important role in framing intergovernmental fiscal relationsand anticipating the risks that may arise, and taking measures aimed at preventing them in theprocess of decentralization.


2020 ◽  
Vol 53 (2) ◽  
pp. 5-16
Author(s):  
M.G. Prodanchuk ◽  
M.V. Velychko ◽  
Ya.M. Honcharuk

Aim of the Research. To investigate the feasibility of a national bank gene pool of the state biodiversity establishing as a separate element of the system of biosafety and biosecurity in the context of countering threats to the biological nature of Ukraine's national security. Materials and Methods. International and domestic legislation, scientific publications, materials of scientific and practical conferences on the conservation of the biodiversity gene pool — the development of these documents and articles became the basis of the study. The following methods were used: hermeneutic for the analysis of cited scientific works, the given legislative acts, explanation of concepts and terms concerning genetic resources of biodiversity; systematic analysis of funding sources in the creation of a bank for the conservation of the biodiversity gene pool as an element of biosafety and biosecurity in the national security system of Ukraine and the system of public management methods for biodiversity conservation, as well as logical and formal economic methods. Results and Discussion. The article examines the expediency of creating a national bank of the gene pool of biodiversity of the state as a separate element of the biosafety system and biosecurity in the context of counteracting biological threats to the national security of Ukraine. It is noted that the establishment of the National Bank of the Biodiversity Gene Fund of Ukraine will allow effective safe and economic management of genetic resources of biodiversity both domestically and internationally in accordance with the Nagoya Protocol to regulate access to genetic resources and share benefits, including financial. The main innovative tools for preserving the biodiversity of the state are considered. Possibilities of introduction of innovative tools of biodiversity conservation and implementation of the best foreign experience in Ukraine are investigated. Conclusions. It is advisable to create National Bank of the State Biodiversity Gene Fund as a separate element of the biosafety and biosecurity system in the context of counteracting biological threats to the national security of Ukraine. It is proposed to legislate its creation by including it in the draft Law of Ukraine “On biosafety and biosecurity”. Key Words: national biota gene pool bank, biodiversity, biological threats, bio-risks, biological security, biological protection, public administration, financing.


2020 ◽  
pp. 33-36
Author(s):  
Iryna TUR

Introduction. In the economy, the social protection system is regarded as an important part of the social policy of the state, but there are some differences between the definitions of the concept of "social protection" and "social security". The article analyzes the modern definitions of social protection, on various grounds, outlines their features. According to the results of the research, the necessity to consider social protection as part of the social policy of the state from the point of view of macro- and microeconomics was proved. Generalization and systematization of theoretical bases on these issues is of practical value and will help to outline the main ways to improve and form an effective system of social protection of the state. The purpose of the paper is to substantiate the theoretical aspects of social protection of the state. Results. The article is devoted of the theoretical aspects of the concept of control over the financial and economic activities of an enterprise. Based on the systematization of the views of most authors, it was found that today there is no universally accepted definition of the concept of control over the financial and economic activities of an enterprise. Most researchers consider the concept of control based on different key features. As a result of a critical analysis of modern researches, the authors identified a set of advantages and disadvantages in the reviewed concepts of control over the financial and economic activities of an enterprise. According to the results of the study, it is determined the need for considering control over the financial and economic activities of an enterprise as a special scientific concept according to the research method of its specific subject. Conclusion. The main parameters of social policy implementation in society are determined by many objective factors: the level of development of productive forces, the structure of the economy, the state of social life, the nature of political power, the spiritual and moral maturity of the population of the country, etc. The maturity of the subjective factor - the ability and willingness of the administrative structures and other entities to ensure the social orientation of the economy, decent working conditions and life of citizens; civilized nature of social relations. Social protection is directly associated with social policy, with the activities of the state and non-state actors aimed at combating social risks and their various manifestations, through the possible prevention of socially adverse events or compensation for their consequences. The market economy is traditionally considered in the coordinates of profit and consumption, and the person in it is human capital, but, and social protection and social security that help the person for the purpose, must be viewed from the point of post-classical studies, where the person is his core, and at the same time and the purpose of development.


Author(s):  
Viktoriia Dobrovolska

The purpose of the article is to make bibliometrical analysis of publications and to characterize the main periods of scientific, scientific-pedagogical, and public activity of Doctor of Historical Sciences, Professor Serhiy Lytvyn. The methodology consists in the use of general scientific methods: analysis, synthesis, logical method, method of visualization of research results. Methods of selection, bibliographic characteristics, grouping, and systematic analysis of scientific publications are used. Scientific novelty. The total number of Serhiy Lytvyn’s publications and works for 1989–2019, including articles, abstracts, other types of publications (monographs, textbooks, manuals, methodical materials, etc.), journalistic works (articles, interviews, resolutions, statements, appeals, prefaces, etc.) are determined. The distribution of the scientist's publications for the specified period is divided into four types: articles, theses, other publications and journalistic works. Bibliometrical analysis was performed on the basis of 328 published works by Serhiy Lytvyn. The main peaks of the scientist's publishing activity by years both in general and by separate types of publications are revealed. The main stages of his scientific and pedagogical activity are singled out, they were determined on the basis of the analysis of publications. The thematic distribution of publications and references is carried out. Conclusions. Biobibliometrical analysis of Serhiy Lytvyn's scientific work and his public activity made it possible to assess the breadth of his scientific interests, publication productivity, citations, thorough contribution to the development of military history, military affairs, petliurology (research of the Petliura issue), history of Ukrainian statehood and culture, record and archival sciences. The productive 30-year path of formation and development of the scientist and his scientific heritage, that includes more than five hundred works and scientific events, the organizer and participant of which he was, allows speaking about Serhiy Lytvyn as a notable colorful and interesting figure of scientific and educational space, historian, source and archivist, well-known petliurologist, researcher of military affairs, military history, history of the national liberation struggle of the Ukrainian people in 1917–1921, teacher, scientist with strong research dominant.


Author(s):  
Эллада Балаян ◽  
Ellada Balayan

<p>The current paper features the essence and legal bases of social protection in foreign countries, as well as a comparative analysis of social support models in the Russian Federationand foreign countries. The author investigates the role of the social state in the implementation of youth policy, identifies key problems in relations between the youth and the social state, the most important aspects of the interaction of these two institutions. The arguments presented in the scientific article allow the author to distinguish a number of urgent problems in the sphere of interactions between the youth and the state in the conditions of modern Russia, each of which may lead to a number of negative social consequences. The youth policy implemented by the state is unmethodical. The main focus has currently shifted from the federal level to the level of the constituent entities of the Russian Federation, with the supreme bodies of state power having only overall strategic planning and determining the main directions of the youth policy in the country.<strong></strong></p>


2019 ◽  
Vol 19 (3) ◽  
pp. 139-147 ◽  
Author(s):  
O. M. Khudolii ◽  
O. V. Ivashchenko ◽  
S. S. Iermakov ◽  
V. Yu. Veremeenko ◽  
A. O. Lopatiev

The study objective is to determine the possibility of identifying the state of strength abilities development in boys aged 12-14, using the methodology of multidimensional statistics. Materials and methods. The study involved boys: 12 (n =35), 13 (n = 36), 14 (n = 36) years old. The study used the following methods: analysis and collation of scientific and methodological literature, general scientific methods of theoretical level, such as analogy, analysis, synthesis, abstraction, induction, as well as general scientific methods of empirical level: observation, testing, experiment. The testing program included well-known tests. Results. In identifying the state of motor abilities development in boys aged 12-14, the most important results were obtained in tests: 10 “Squats Test (two legs), quantity of times” (0.519), 9 “Trunk Lift Test, quantity of times” (0.497), 21 “Flamingo Balance Test - single leg balance test” (-0.496), 1 “Pull-Up / Chin Up Test (low crossbar), quantity of times” (0.428), 19 “Hand Tapping Test, sec.” (-0.427), 20 “Seated Forward Bend, cm” (-0.412), 5 “The subject lies in prone position, arms bent at the elbow 90 degrees - hold position in seconds” (0.408). These tests characterize the comprehensive development of motor abilities in boys aged 12-14.  In identifying the state of motor abilities development in boys aged 13-14, the most important results were obtained in tests: 8 “Decline Reverse Crunch on Bench, quantity of times” (-0.989), 11 “Single Leg Squat (SLS) Test - right leg, quantity of times” (0.965), 1 “Pull-Up / Chin Up Test (low crossbar), quantity of times” (0.676), №13 “Single Leg Squat (Pistol) - right leg” (0.682), 17 “Eurofit Sit Up Test (for 30 sec.), quantity of times” (0.454). These tests characterize the development level of  relative and static leg strength, strength endurance of abdominal muscles, and dynamic strength of shoulder muscles. Conclusions. A discriminant analysis made it possible to determine informative indicators for comprehensive control of motor abilities development in boys aged 12-14; to answer the question as to how significantly the states of motor abilities development in boys aged 12, 13 and 14 differ; what motor tests most substantially influence the differentiation of classes; what class the object belongs to based on the values of discriminant variables. To identify the level of motor abilities development in boys aged 12-14 years, it is necessary to focus on the indicators of relative strength and strength endurance; in boys aged 13 and 14 years – on the indicators of strength endurance of abdominal muscles and endurance of leg muscles.


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