scholarly journals Official work in Ukraine: characteristics of legal status and recurring problems

Author(s):  
Mykhailo Pokalchuk ◽  
Kateryna Sokh ◽  
Oksana Yalova ◽  
Liubov Zubkova ◽  
Iryna Borovska

The purpose of the article is to analyze the concept of "contract work" in Ukrainian legislation, determine its characteristics, as well as identify the scope of rights that arise with its creation. The methodological basis of the research is a series of general and special scientific methods of cognition. In the research process, formal and logical methods, systems and structural, comparative and legal, logical and legal and other scientific research methods were used. The rules of Ukrainian legislation, which regulate the subject under consideration, were investigated; they were compared with the relevant laws of some states of the world. Judicial practice, which deals with some problems related to the distribution of contract work rights between an employer and an employee, was also examined. Practical implication. The concept of "paid work" in the Ukrainian legislation was analyzed, its characteristics were identified, which are at the same time the conditions for recognizing work as paid work. By way of conclusion, it is convenient to distinguish the non-patrimonial and property rights of an employer and employee to work under contract, which in turn implies the problem of determining the amount of royalties.

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 859
Author(s):  
Yulia ARTEMYEVA ◽  
Natalya IVANOVSKAYA ◽  
Valentina KONCHEVA ◽  
Elena SITKAREVA

The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.  


Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.


2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.


2020 ◽  
Vol 11 (2) ◽  
pp. 428
Author(s):  
Lyudmyla KHROMUSHYNA ◽  
Iryna KONIEVA ◽  
Viktoriia TKACHENKO ◽  
Liudmyla BAIDAK

The purpose of the article is to summarize the problems and present the prospects for the development of Ukraine’s agricultural sector crediting based on the management of the agricultural receipts circulation as an innovative financial tool taking into account foreign practices. The research was based on the use of the dialectical method of cognition and the systematic approach to the problem of functioning and effectiveness of crediting agriculture through the agricultural receipts in Ukraine and in the world. The following general scientific methods were applied in the research: abstract-logical, monographic, generalization. The article substantiates the feasibility of using agrarian receipts, that make it possible to invest heavily in the agricultural sector, expand the circle of participants, form the chain of relations ‘creditor – agricultural producer – buyer (trader)’. The institutional peculiarities of agrarian receipts functioning determined by their commodity or financial form, legal status of participants are specified. The review and summarization of the positive experience gained by Brazil made it possible to determine the feasibility of the development of agricultural receipts in Ukraine, where the relevant normative acts were adopted at the legislative level. Determination of the peculiarities of implementing the pilot project on the agricultural receipts introduction in Ukraine allowed outlining the main problems and prospects for further functioning and management of their circulation. The article uses up-to-date information on the results of agricultural receipts implementation in Ukraine, including ‘organic’, identifies current problems and prospects for the development of agrarian receipts tools.


2019 ◽  
Vol 5 (2) ◽  
pp. 257-262
Author(s):  
G. Aydarbekova ◽  
B. Abdyraliev

The article discusses the features of the evolution of political and legal values of a traditional society in the conditions of nomadic statehood on the example of a cultural and legal monument — the Epic of Manas. The topic of Eurasian nomadic civilization, the legal life of Kirghiz, signs of statehood, culture and customs of the people are actively considered by scientists in connection with the growth of the nation’s identity and identity since along with Kirghiz and Kazakhs other modern massifs historically coexisted in the Eurasian nomadic civilization. The subject of the research is political and legal values in a nomadic society on the example of a cultural and legal monument — the Epic of Manas. The object of the research is the formation of individual political and legal values of a traditional society in the context of nomadic statehood and the characteristics of the evolution of the national legal culture. In the study of the problems were used: universal and private scientific methods of cognition: analysis and synthesis, deduction and induction, historical and legal and comparative. The results of the study allow to conclude about the need for further study, preservation and popularization of historical and cultural monuments, allowing people to identify themselves in the world community, in this case, the Epic of Manas, which concentrates a complex of social, cultural, political, legal and other information about life and Kirghiz life.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-13
Author(s):  
Fahrul Hidayat ◽  
◽  
Hernisawati Hernisawati ◽  
Aprezo Pardodi Maba ◽  
◽  
...  

Abstract Purpose: This study aimed to determine the extent of the influence of gadgets on elementary school children, especially in the aspect of personality, as well as how parents' efforts in providing supervision and direction for their children. Research methodology: This type of research is qualitative with the case study method. The instruments used were observation, interviews, and documentation. Meanwhile, for data analysis, researchers used descriptive-analytic techniques. The data analyzed is then tested for validity using the credibility, transferability, dependability, and confirmability tests. Results: The results of this study indicate that there is an effect of gadgets on children's personalities, including temperament, indifference, a fast-developing mindset without appropriate stages, love to share, and be creative. Limitations: This research is far from perfect; the author realizes that there are limitations in the research process, one of which is that the subject and object of research are only taken within the scope of the family. Contribution: This research is expected to be useful in the world of education, especially educators and the family environment as a reference in implementing digital parenting for their children. Keywords: Gadgets, Personality, Children, Parents


2020 ◽  
Vol 10 (39) ◽  
pp. 5-19
Author(s):  
Vira I. Tymoshenko ◽  
Sergiy I. Maksymov ◽  
Larysa O. Makarenko ◽  
Оlena S. Kravchenko ◽  
Sergiy S. Kravchenko

The purpose of the article is to investigate the human rights threats associated with globalization, to identify the consequences of the transformation of human rights under the influence of globalization and to prevent them. The following issues were considered to achieve the research objectives: the essence of globalization, its positive and negative consequences were determined; the existing threats to human rights were identified; the main factors of crime in the age of globalization are described; crime is considered as a form of violation of human rights. The system of philosophical, general-scientific and special-scientific methods was applied to obtain reliable results, in particular: formal-logical, systemic, structural-functional, formal-legal methods and the method of comparison. The following statements have been established in the research process: сertain democratic values, including rights and freedoms, can be used as a means of geopolitical influence under the influence of globalization processes; such negative phenomena as extremism, terrorism, poverty are the causes of human rights violations; criminal threats cannot be considered outside the context of globalizing and humanitarian processes in a globalizing society; crime is one of the factors that affects social life and violates human rights, especially the right to life, liberty and personal integrity.


2019 ◽  
Vol 14 (1) ◽  
pp. 34-53

The article is dedicated to the consideration of Russia’s accession to the WTO from the point of view of legislation. Being a member of this international organization required complex work on changing the existing laws and adopting new domestic legal acts. Activity regarding checking laws and secondary acts which were supposedly already in line with the WTO requirements was large-scale. The very fact that negotiations on accession of our state to the WTO lasted for 18 years is quite eloquent. One of the reasons for such a lengthy process was the necessity to introduce a large number of changes to the Russian legislation. The significance of this work cannot be overestimated. The aim of the article is to find the answer to the question of how much the current Russian legislation accords with normative provisions of the WTO. In attempts to find the answer, the author conducted a thorough and substantial research of domestic and international legal acts applied in this field, as well as judicial practice and doctrine. In the spotlight of the article are such issues as the structure of the WTO law, its legal status and correlation within itself and rules of the Russian law. Classification and the subject of Russian obligations undertaken as a result of accession to the WTO are equally important. The presented results reveal some discrepancies and indicate the way of future development of the Russian legislation so as to bring it into conformity with the WTO rules. In addition, they could help in ensuring proper protection during resolution of disputes by the WTO judicial bodies. An example of such a problematic sphere is regulation of intellectual property rights.


2021 ◽  
Vol 10 (46) ◽  
pp. 225-233
Author(s):  
Nataliia Shkvorchenko ◽  
Viktoriia Hromovenko ◽  
Yuliia Sharapanovska

Real-life is closely linked to speech. How and what we communicate often speaks both about ourselves and about the conditions in which we find ourselves. The same applies to the situation around the coronavirus pandemic. One way or another, it influenced the way and the subject we talk about. In this article, we consider the measurement of speech changes under the influence of a pandemic on the example of the political discourse of English-speaking countries. Our goal was to find out how the coronavirus influenced political discourse and what specific examples can be used to demonstrate this. To carry out research, we used general and special scientific methods, in particular, content analysis, linguistic analysis. Among the sources, we have studied are scientific articles on the research topic, as well as materials of publications of the world's leading media on the research topic. As a result of this work, we concluded that the political discourse reflects the situation around the coronavirus in terms of the speaker and the goals he sets for himself. At the same time, for professional politicians, the pandemic has become a platform for a power struggle, so some of them openly manipulate information. One of the interesting areas of research is the means of communication in a crisis, in particular, the use of Internet memes to demonstrate their political position. This, as well as coronaviral neologisms, need further study.


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