scholarly journals COVID-19 acute respiratory disease fund caused by coronavirus SARS-COV-2 and its consequences: discussive aspects of the legal nature

2021 ◽  
Author(s):  
Kateryna Tokarieva
Keyword(s):  
Respiratory Disease ◽  
Vertical Structure ◽  
The State ◽  
Main Body ◽  
Acute Respiratory Disease ◽  
Horizontal Structure ◽  
Legal Nature ◽  
The Subject ◽  
Reserve Fund ◽  
The Government

Problem setting. The budgets that make up the budget system of our state have a horizontal and vertical structure. The horizontal structure of the budget provides for the separation of such elements as revenues and expenditures, and the vertical – general and special funds. Note that the category “fund” is multifaceted and is used by many branches of law. It is significant that the legal problems of regulation of budget funds were the subject of scientific analysis for L. K. Voronova, O. O. Dmytryk, D. A. Musabirova, Z. I. Peroshchuk, A. A. Sattarova, etc., but it should be noted that the development of public relations, which are the subject of budget law, contributes to the formation of new funds as elements of the vertical structure of the budget. For example, in the context of the exacerbation of the socio-economic crisis with the widespread spread of respiratory disease COVID-19, the state faces new challenges in ensuring adequate funding for measures to combat the coronavirus. To this end, the Fund for the control of cute respiratory disease COVID-19 caused by SARS-CoV-2 coronavirus and its consequences was established within the state budget. The purpose of the article is to determine the legal nature of the Fund for the Control of Acute Respiratory Disease COVID-19 caused by the coronavirus SARS-COV-2, and its consequences. Article’s main body. It is emphasized that the legal nature of the COVID-19 Fund is currently debatable. It should be noted that the analyzed Fund was formed unscheduled due to a sudden outbreak of coronavirus disease and the need to finance unplanned expenses. Thus, the Fund has clearly defined areas of use of funds accumulated in it. However, this Fund does not have its own sources of formation. This indicates a certain similarity of the above-mentioned Fund with the reserve fund of the budget, and not with the special one, as the funds allocated as part of the special fund of the budget have their own revenues and specific goals, not general ones. Conclusions. In our opinion, expenditures made at the expense of the funds accumulated in it should be made from the reserve fund of the budget according to the procedure established by law. It is also not entirely logical to establish the temporal limitation of the Fund’s functioning. It is emphasized that the mechanism of distribution of funds of the COVID-19 Fund introduced by the Government is rather complicated, some provisions have been left out of the legislator’s attention.

Elements of the special budget fund: the experience of Ukraine

2021 ◽  
pp. 82-89
Author(s):  
Kateryna Tokarieva
Keyword(s):  
Vertical Structure ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Stage Of Development ◽  
Special Fund ◽  
The Subject ◽  
State And Local ◽  
Problem Setting ◽  
State Fund

Problem setting. The budget has a horizontal and a vertical structure. Yes, Art. 9 and 10 of the Budget Code of Ukraine stipulate that the relevant budget includes revenues and expenditures of the latter. According to Art. 13 of the same Code, the components of the budget are general and special funds, i.e. the legislator establishes the vertical structure of the budget (both state and local) [2, p. 49]. Analysis of recent research. The study of the vertical structure of the budget, components of its special fund at one time were the subject of research by such scientists as: V. Demyanyshyn, O. Dmytryk, N. Nechyporuk, V. Pihotsky and others. At the same time, at the present stage of development of budgetary legal relations in Ukraine, this issue remains out of the attention of scientists. Thus, the purpose of the article is to analyze the legal regulation of the elements of the special fund of the budget. Article’s main body. The article focuses on the consideration of the components of the special budget fund. It was emphasized that now more than ten funds are allocated as part of the special fund, which include such as: the State Road Fund, the State Fund for Radioactive Waste Management, the State Fund for the Development of Water Resources, etc. The analysis of the legal regulation of each of the above funds as components of a special fund budget. Conclusions and prospects for the development. Based on the analysis, we state that in the current conditions of development of budgetary and legal relations there is a need to make certain changes to the current budget legislation to improve its quality and unanimity of law enforcement. In particular, in the context of legal regulation of the components of the special fund of the budget it is necessary to: clearly define the procedure for selecting projects (areas) that will be financed from the relevant fund; apply measures of budgetary and legal influence for misuse of the fund, as one of the features of the elements of the special fund of the budget is the presence of a clearly defined purpose.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals International Experience Integration of Openness and Transparency Level Evaluation of Socially Oriented Non-Governmental Organizations into Russian Practice

2021 ◽  
Author(s):  
A.B. Novozhilov ◽  
A.V. Starshinova ◽  
E.B. Arkhipova
Keyword(s):  
Financial Support ◽  
International Experience ◽  
The State ◽  
Quantitative Methodology ◽  
Governmental Organization ◽  
Social Partnership ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Subject ◽  
The Government

This article deals with international experience integration of openness and transparency level evaluation of activities by non-governmental organizations (NGOs) into the Russian practice. The object of this study is socially oriented non-governmental organizations — both those that receive financial support from the state and those that do not. The subject of the study is the transparency and openness of the socially oriented non-governmental organizations of the Sverdlovsk region. The article proposes the following hypothesis: the government provides financial support to exceptionally transparent and open socially oriented non-governmental organizations; the most popular socially oriented non-governmental organizations are considered the most transparent, and the state financial support is provided to them. To evaluate the level of openness and transparency of non- governmental organizations the authors use quantitative methodology for websites monitoring of non-governmental organizations. The indicators proposed allow for the evaluation of the current level of openness of socially oriented non-governmental organizations. In addition, the article assesses available statistics to evaluate the popularity indicator of specific socially oriented non-governmental organizations. Keywords: non-governmental organization, openness and transparency of NGOs, financial support, social partnership, government social policy

scholarly journals Własność znalezisk – wybrane zagadnienia związane z cywilnoprawną sytuacją poszukiwacza zabytków

2021 ◽  
Vol 7 (1) ◽  
pp. 83-100
Author(s):  
Katarzyna Zalasińska
Keyword(s):  
Civil Law ◽  
Art Market ◽  
Legal Protection ◽  
The State ◽  
Direct Impact ◽  
Cultural Goods ◽  
Legal Situation ◽  
Legal Nature ◽  
The Subject ◽  
Archaeological Monument

Ownership of finds – selected issues related to the civil law situation of a monument finder The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.

scholarly journals NEW MEANS OF COMMUNICATION AND THE OLD SYSTEM (INTEGRATION OF THE TELEPHONE ACTIVITY INTO THE SYSTEM OF STATE REGULATION OF COMMUNICATIONS IN RUSSIA IN THE LATE 19TH AND EARLY 20TH CENTURIES)

2021 ◽  
pp. 38-47
Author(s):  
S. V. Perekrestova ◽  
Keyword(s):  
System Integration ◽  
State Regulation ◽  
The State ◽  
Main Concern ◽  
Main Principle ◽  
State Management ◽  
State Income ◽  
The Subject ◽  
State Monopoly ◽  
The Government

The paper analyzes the process of formulating the main principles of the state regulation of the telephone activities in Russia in the late 19th and early 20th centuries. Even though the emergence of the telephone in Russia matched the process of the whole unified postal and telegraph service’s organizing, crucial necessity of including the telephone into the system of the state management of communications did not become just a step in these reforms’ development. It caused the discussion on another matter, namely on the main principle of the system’s functioning, i.e. perception of the communications as the subject of the state monopoly. Thus, the Russian government’s attempts to adopt the telephone to a broadly settled system of the state regulation happened to be followed by the debates on neither administrative no technical, but on the legal and economic matters. Lately, they moved to the principle of the state monopoly in the communications sphere as a whole and to perception of the latter as a source of the state income. Nevertheless, during the analyzed period, the focus of all the disputes was made on responding to the private capital’s threat to the monopoly status of the government. However, its main concern was not the monopoly itself, but one of its aspects, i.e. the most commercially profitable way to build and use the telephone communications.

Legal positions of the supreme court in cases on division of labor and civil relations

2020 ◽  
pp. 29-34
Author(s):  
D. Kutomanov
Keyword(s):  
Supreme Court ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Point Of View ◽  
Specific Situation ◽  
Main Body ◽  
Systematic Assessment ◽  
The Supreme Court ◽  
The Subject

Problem setting. Of the large volume of cases before national courts, cases involving the distinction between labor and civil relations are of particular interest. Superficial familiarization with the practice of consideration of this type of labor disputes reveals the existence of conflicting enforcement approaches, sometimes contradictory to each other, which determines the need for a deeper understanding of the issues of disputes caused by such phenomena as concealment or replacement of labor relations. The purpose of the research is to reveal the problematic issues of the distinction between labor and civil relations, both from the point of view of the existing doctrine of labor law, and through the prism of the existing rulemaking practice, aimed at improving national legislation on labor. Analysis of resent researches and publications. The issues of the distinction between labor and civil relations have become the subject of scientific analysis in the writings of such scientists as O.V. Zabrodina, L.O. Zolotukhina, M.I. Inshin, R.A. Maidanik, S.M. Prilipko, Ya.V. Svichkaryova, D.I. Sirokha, N.V. Fedorchenko, O.M. Yaroshenko and others. At the same time, these issues require further research in order to develop comprehensive recommendations aimed at improving labor law. Article’s main body. Among the specific number of court cases that are subject to the applicable rules of labor law are the two most common categories of cases through which the Supreme Court formulates legal positions on the distinction between labor and civil relations. The subject of the first category of cases are the demands of individuals on the recognition of relationships, formulated in the form of a civil contract labor. The subject of the second category of cases is disputes between employers and the State Service of Ukraine on labor issues on the recognition of illegal and the cancellation of prescriptions and resolutions of the state body. The analysis of the legal positions of the Supreme Court, formulated as a result of consideration of the above categories of cases, leads to the conclusion that the basic concept of the distinction between labor and civil relations, which is applied in the practice of the Supreme Court, is fully consistent with the doctrinal approach and is to determine the employment relationship, what relation, subject advocates the process of organization of work, not its result, with a further combination of the specified trait with other traits in each specific situation (duration of relationships, systematic the promptness of payment, the presence of signs of subordination, and others).. Conclusion. In the case of disputes related to the concealment of labor relations or their replacement through the conclusion of civil contracts with employees, the case-law proceeds from the need for a systematic assessment of the content of contracts concluded between the parties for the purpose of revealing in their terms direct or indirect signs of employment relations. The approaches taken by the Supreme Court to distinguish between labor and civil relations certainly enrich the law-enforcement practice and, given the binding status of its rulings, help to formulate uniform approaches to the interpretation and application of the provisions of current law.

About the subject of the civil contract and government contract for purchase of goods, works and services for needs of penal system

2019 ◽  
pp. 164-174
Author(s):  
Дмитрий Вадимович Хильман
Keyword(s):  
The State ◽  
Penal System ◽  
The Subject ◽  
The Government ◽  
Contractual Obligations ◽  
Civil Contract ◽  
Government Contract

В статье анализируется правовая и экономическая сущность категории «предмет гражданско-правового договора», раскрывается авторский подход к его пониманию. Определяется практическое назначение и функции условия о предмете договора, выявляются составляющие его ключевые признаки. Представлены выводы о специфике классификации договорных обязательств по критерию различности их предмета, анализируются особенности описания предмета государственного контракта на закупку товаров для нужд уголовно-исполнительной системы. In article the legal and economic essence of category “subject of the civil contract” is analyzed, author's approach to his understanding reveals. Practical appointment and functions of a condition about subject of the contract is defined, the key signs which are it come to light. Conclusions about specifics of classification of contractual obligations by criterion of a difference of their subject are drawn, it is analyzed features of the description of a subject of the government contract on purchase of goods for the state needs.

Professional development of the employees in the context of innovative alterations of society

2021 ◽  
Author(s):  
Inna Ogiyenko
Keyword(s):  
Professional Development ◽  
The State ◽  
Main Body ◽  
Innovative Development ◽  
International Labor Organization ◽  
Social Partnership ◽  
Labor Legislation ◽  
Special Programs ◽  
The Government ◽  
Definition Of

Problem setting. In the article the professional development of workers is examined in the context of requirements of time in relation to distribution of innovations. Target of research is to display the inseparable connection between education and manufacturing in the modern conditions of development and to describe the suggestions for the improvement of the Labor legislation of Ukraine in the mean of professional development of the workers as the essential part of the up-to-date innovative processes. Analysis of recent researches and publications. A comparative analysis of the results of research by scientists Braňka J., Kowolik P., Sparreboom T., Staneva A., with the conclusions and suggestions of Ukrainian scientists: N. Inshyn, S. Prilipko, N. Vapnarchuk, O. Yaroshenko and others is carried out. Article’s main body. Attention is accented on the fact, that taking into account fast-moving development of innovations and their introduction faced with the resistance from the side of employees. At the same time the problem of introduction of innovations by a great extent consists of conscious rejection of the validity of the mutual efforts by employers and workers, directed on the professional development of the worker. It is also focused on a legislation about the professional development of workers, which does not give the definition of the concept «professional development», which accordingly draws a different interpretation of this phenomenon in law and rights and duties both workers and employers. The number of consequences were made. Conclusionsand prospects for the development. Firstly, in Ukraine the scientific and educational potential for introduction of the special programs of professional preparation of workers according to the production necessities of employer is provided. For the realization of such a potential it is necessary to attract the government in the process of professional development of workers which is capable to assist the introduction of special programs for preparation as it is the proprietor of basic powerful members of market of educational services. The participation of the government in creating the conditions for professional development of workers will fully answer its obligation as a state-member of International Labor Organization and the realization of co-operation between the government, establishments of education, employers and employees will outline the new vector of the development of the relations of social partnership in Ukraine. Secondly, for the distribution of innovative development of Ukrainian society the state approach needs to be renewed for creating the conditions of effective employment, in particular by changing the obligations of the state in the first part of the second article of the Labor Code of Ukraine, which are related to switchover to the market economy on obligations which are conditioned by the importance of innovative development of Ukraine. Thirdly, the Law of Ukraine «The professional development of workers» needs the conceptual update, in particular in part of fixing of concrete law mechanisms of co-operation between the government, the workers and employers and their associations, in the process of continuous studies of workers for the increase of the level of their professional capabilities.

scholarly journals The worldview of Vasily Nikolaevich Leshkov

2020 ◽  
pp. 39-49
Author(s):  
Natal'ya Fedorovna Polyntseva
Keyword(s):  
Significant Contribution ◽  
Theoretical Framework ◽  
Public Law ◽  
The State ◽  
Scientific Article ◽  
Legal Science ◽  
The Subject ◽  
The Government

The subject of this research is the identification of views of Vasily Nikolaevich Leshkov. The source base consists of the works of V. N. Leshkov, scientific article published in the periodicals, texts of scientific reports. Theoretical framework contains the works on studying the concept of public law of A. A. Vasilyev, A. A. Tesli; works involving police law of K. S. Belsky, N. S. Nizgbik, T. O, Chukaev. The historical-legal science does not pay sufficient attention to the ideas and figure of V. N. Leshkov. The scientific novelty is substantiated by the subject and methods of research. The author attempted to examine the state-legal ideas of V. N. Leshkov, taking into account the questions of interaction between the government and society, as well as the grounds of the theory of public law. The significant contribution made by Leshkov to the sphere of public law and police law is highlighted. The scientific works of Vasily Nikolaevich Leshkov have not previously undergone systemic and complex examination, while the proposed by him theories and concepts remain relevant until today.

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