The article is dedicated to the analysis and disclosure of the doctrinal and normative legal content of the concept of private life as the basis of relevant constitutional law. The authors analyze the etymology of the words «private» and «personal», where it is implied the concept of their practical identity in meaning, but it is also concluded that the concept of «personal» has an exclusive peculiar relationship and context to the individual, and the concept of «private» is related to the delimitation the personal from the common and state. That is why the category of private life is broader in the legal context. It was found that personal life can be understood as the separation of the exclusive boundaries of certain areas of human existence that have full belonging to being. However, the selection of these horizons so far gives only an understanding of the inner side of personal life, but when we introduce the category of privacy, it becomes clear what exactly we are separated from, namely, from society and the state. The authors research the certain statements of Hobbes’s natural law doctrine in particular the generalization that the personal dimension of law begins with theoretical speculation which correlates with the initial innate natural human selfishness, the so-called «right to everything» as a theoretical initial absolutisation of private property. The article points out that the personal legal principle is inherent in human existence by nature, but not every personal thing is legal. The placement of a private element in the legal space requires restrictions which T. Hobbes defines as the transference and renunciation of the absolute right to everything. The authors conclude that the natural law of treaty is important for establishing the category of private life in legal consciousness, which allows to distinguish between objective and subjective, state, public and personal in the legal life of a human. The article states that due to the deployment of the property natural law in the legal consciousness, human being is not limited to the fact of its existence, but also the peculiarities of coexistence and attitude to these or other things, as it happens with personal life and the necessity for its protection.
{"title":"The Concept of Personal Life: Doctrinal and Normative Legal Aspect","authors":"Yu. V. Hotsuliak, O. Turchenko","doi":"10.37491/unz.83.2","DOIUrl":"https://doi.org/10.37491/unz.83.2","url":null,"abstract":"The article is dedicated to the analysis and disclosure of the doctrinal and normative legal content of the concept of private life as the basis of relevant constitutional law. The authors analyze the etymology of the words «private» and «personal», where it is implied the concept of their practical identity in meaning, but it is also concluded that the concept of «personal» has an exclusive peculiar relationship and context to the individual, and the concept of «private» is related to the delimitation the personal from the common and state. That is why the category of private life is broader in the legal context. It was found that personal life can be understood as the separation of the exclusive boundaries of certain areas of human existence that have full belonging to being. However, the selection of these horizons so far gives only an understanding of the inner side of personal life, but when we introduce the category of privacy, it becomes clear what exactly we are separated from, namely, from society and the state. The authors research the certain statements of Hobbes’s natural law doctrine in particular the generalization that the personal dimension of law begins with theoretical speculation which correlates with the initial innate natural human selfishness, the so-called «right to everything» as a theoretical initial absolutisation of private property. The article points out that the personal legal principle is inherent in human existence by nature, but not every personal thing is legal. The placement of a private element in the legal space requires restrictions which T. Hobbes defines as the transference and renunciation of the absolute right to everything. The authors conclude that the natural law of treaty is important for establishing the category of private life in legal consciousness, which allows to distinguish between objective and subjective, state, public and personal in the legal life of a human. The article states that due to the deployment of the property natural law in the legal consciousness, human being is not limited to the fact of its existence, but also the peculiarities of coexistence and attitude to these or other things, as it happens with personal life and the necessity for its protection.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124551523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The essence, necessity and importance of public management of social security are substantiated in the article. It has been found that the active introduction of classical axioms and advanced practices of modern management, which were proved in the field of social policy of Ukraine, will qualitatively increase the level of social security, social protection and will provide an effective social insurance system. One of the new and effective directions in the management of social security is the «political network», which is quite capable to strength the quality parameters of public management of social software. Therefore, developing social and legal state will significantly increase the level of public confidence in public administration at all levels. Social problems in Ukraine have different causes and forms of manifestation. Their successful solution depends on many factors. That is why, public management of social security is expressed in its formation, development and functioning, depending on the circumstances, and should use such mechanisms as budget, credit, tax, program, administrative, organizational, legal and regular government orders. At the same time, it is important to exercise periodic control over the processes of solving social problems and social demands of the population of Ukraine. Such practice will allow to avoid a number of undesirable actions, and prevent illegal actions, anticipate existing obstacles and resolve complex issues in advance. Public management of social security should ensure high-quality informatization of the functioning of all departments, divisions and offices at the state, regional and local levels. The introduction of information technology will qualitatively improve the work of social workers and significantly increase the efficiency of their work. Creating a single electronic database including powerful software will allow to work out, to analyze, to search and organize capacious and complex arrays of information. The formation of registers and automation of work processes will save time for both employees and citizens who have applied to the social security body for help or advice. At the same time, cases of abuse and illegal actions in the social sphere of Ukraine are minimized. We should note that information technology in the public administration of social security is fully in line with the formation of a modern information society and digital economy.
{"title":"Information Technologies and Management in the Bodies of Public Social Security Management","authors":"Petro Semyanchuk, O. Fedorchuk, Tetiana Fasolko","doi":"10.37491/unz.82.11","DOIUrl":"https://doi.org/10.37491/unz.82.11","url":null,"abstract":"The essence, necessity and importance of public management of social security are substantiated in the article. It has been found that the active introduction of classical axioms and advanced practices of modern management, which were proved in the field of social policy of Ukraine, will qualitatively increase the level of social security, social protection and will provide an effective social insurance system. One of the new and effective directions in the management of social security is the «political network», which is quite capable to strength the quality parameters of public management of social software. Therefore, developing social and legal state will significantly increase the level of public confidence in public administration at all levels. Social problems in Ukraine have different causes and forms of manifestation. Their successful solution depends on many factors. That is why, public management of social security is expressed in its formation, development and functioning, depending on the circumstances, and should use such mechanisms as budget, credit, tax, program, administrative, organizational, legal and regular government orders. At the same time, it is important to exercise periodic control over the processes of solving social problems and social demands of the population of Ukraine. Such practice will allow to avoid a number of undesirable actions, and prevent illegal actions, anticipate existing obstacles and resolve complex issues in advance. Public management of social security should ensure high-quality informatization of the functioning of all departments, divisions and offices at the state, regional and local levels. The introduction of information technology will qualitatively improve the work of social workers and significantly increase the efficiency of their work. Creating a single electronic database including powerful software will allow to work out, to analyze, to search and organize capacious and complex arrays of information. The formation of registers and automation of work processes will save time for both employees and citizens who have applied to the social security body for help or advice. At the same time, cases of abuse and illegal actions in the social sphere of Ukraine are minimized. We should note that information technology in the public administration of social security is fully in line with the formation of a modern information society and digital economy.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125684284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Purpose. Based on the analysis of the provisions of the tax legislation of Ukraine on legalization of assets by one-time (special) voluntary declaration to identify possible controversial issues, provide proposals to minimize the negative consequences for society and those who do not use these provisions. Research methods. A set of general philosophical, special legal and the latest methods of scientific research during the preparation of a scientific article was used. Among others, historical-legal, analytical-synthetic, comparative-legal, method of ascent from the abstract to the concrete and other methods were more often used, which allowed to get the results of the research. Results. The Law of Ukraine of June 15, 2021 provided a year — from September 1, 2021 to September 1, 2022 for one-time (special) voluntary declaration of assets acquired at the expense of income that was not properly taxed. The novelty of the legislation and the relations regulated by it led to the following questions: 1) «Will a person be able to extend the declaration period?»; 2) «Is it necessary to declare real estate located in the Autonomous Republic of Crimea or certain districts of Donetsk or Luhansk regions?»; 3) «Are different tax rates logically applied to assets on accounts in banks of Ukraine / in Ukraine (5 %) and in foreign banks / in other countries (9 %)?»; 4) «Why in paragraph 10 of subsection 9-4 of section XX of the Tax Code of Ukraine are chosen such numerical limits for residential (120 and 240 square meters) and non-residential (60 square meters) real estate?»; «Why is there no value characteristic in relation to real estate?»; «Why are there no references to the size and status of the settlement?»; «Why is the size of the land plot determined in this way?»; «What if a person has to transport a large family in a vehicle that can accommodate 10 or more people?»; «Is it true that the owner of one car worth 300 thousand UAH is considered to have paid the tax, and the owner of two cars worth 20 thousand UAH for both is considered that he did not pay the tax?»; 5) «How will be the calculation of human income and expenses?»; «What will be the sanctions against people whose income does not correspond to the number and value of their assets?» etc. Conclusions. It is proposed to apply a tax rate for the declaration of foreign assets at a level lower than for assets located in Ukraine, and possibly a mechanism of tax and criminal amnesty subject to the return of money and valuables to Ukraine. Top officials were advised not to give rise to questions about their valuable property in Ukraine and abroad and not to influence the independent work of law enforcement and the judiciary. To prevent social tensions, it is proposed to: adjust the number of residential real estate according to the status of the city, town, village or determine the number of residential and non-residential real estate, as well as land in monetary terms without reference to geographical a
{"title":"Legalization of Assets by One-Time (Special) Voluntary Declaration in Ukraine as an Attempt to Combine Public and Private Interests","authors":"O. Sheremet, B. Derevyanko","doi":"10.37491/unz.83.1","DOIUrl":"https://doi.org/10.37491/unz.83.1","url":null,"abstract":"Purpose. Based on the analysis of the provisions of the tax legislation of Ukraine on legalization of assets by one-time (special) voluntary declaration to identify possible controversial issues, provide proposals to minimize the negative consequences for society and those who do not use these provisions. Research methods. A set of general philosophical, special legal and the latest methods of scientific research during the preparation of a scientific article was used. Among others, historical-legal, analytical-synthetic, comparative-legal, method of ascent from the abstract to the concrete and other methods were more often used, which allowed to get the results of the research. Results. The Law of Ukraine of June 15, 2021 provided a year — from September 1, 2021 to September 1, 2022 for one-time (special) voluntary declaration of assets acquired at the expense of income that was not properly taxed. The novelty of the legislation and the relations regulated by it led to the following questions: 1) «Will a person be able to extend the declaration period?»; 2) «Is it necessary to declare real estate located in the Autonomous Republic of Crimea or certain districts of Donetsk or Luhansk regions?»; 3) «Are different tax rates logically applied to assets on accounts in banks of Ukraine / in Ukraine (5 %) and in foreign banks / in other countries (9 %)?»; 4) «Why in paragraph 10 of subsection 9-4 of section XX of the Tax Code of Ukraine are chosen such numerical limits for residential (120 and 240 square meters) and non-residential (60 square meters) real estate?»; «Why is there no value characteristic in relation to real estate?»; «Why are there no references to the size and status of the settlement?»; «Why is the size of the land plot determined in this way?»; «What if a person has to transport a large family in a vehicle that can accommodate 10 or more people?»; «Is it true that the owner of one car worth 300 thousand UAH is considered to have paid the tax, and the owner of two cars worth 20 thousand UAH for both is considered that he did not pay the tax?»; 5) «How will be the calculation of human income and expenses?»; «What will be the sanctions against people whose income does not correspond to the number and value of their assets?» etc. Conclusions. It is proposed to apply a tax rate for the declaration of foreign assets at a level lower than for assets located in Ukraine, and possibly a mechanism of tax and criminal amnesty subject to the return of money and valuables to Ukraine. Top officials were advised not to give rise to questions about their valuable property in Ukraine and abroad and not to influence the independent work of law enforcement and the judiciary. To prevent social tensions, it is proposed to: adjust the number of residential real estate according to the status of the city, town, village or determine the number of residential and non-residential real estate, as well as land in monetary terms without reference to geographical a","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127229916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Attention is focused on topical issues of the development of mutually beneficial trade and economic relations between Ukraine and the Republic of Poland, which is one of the main strategic partners of Ukraine on the way to European and Euro-Atlantic integration. The article describes radical changes in the structure and incentives of economic relations in two neighbouring countries using the recommendations of the Washington Consensus, based on the principles of macroeconomic discipline, market economy and openness to the outside world. A retrospective analysis of the development of bilateral trade relations is carried out, indicating the existence of deep historical traditions, established close economic ties between countries. A significant revival of bilateral trade was noted after the entry into force in full of the Association Agreement between Ukraine and the EU, including the Deep and Comprehensive Free Trade Area. The problems of the development of two economic systems are analysed from the standpoint of the theory of asymmetry, which should be understood as the phenomenon of increasing differences in the dynamics of changes in the structure of trade, other indicators of socio-economic development caused by the multidirectional influence of a set of internal and external factors. Disproportions in bilateral trade and economic relations have been investigated both in spatial and temporal terms. The problem of the existence of disagreements in statistical data from the Ukrainian and Polish sides, the reasons for their occurrence are considered. The need to strengthen the trend of replacing mainly raw materials of Ukrainian exports with high-tech, with a greater share of processing, added value, which is possible in the context of cardinal changes in the sectoral structure of the national economy, was confirmed. Recommendations are proposed for improving the plan of the Ukrainian-Polish strategic partnership, establishing an effective mechanism of responsibility for its implementation, which should contribute to the economic rapprochement of the two countries and improve the quality of life of the population.
{"title":"Asymmetry in Ukrainian-Polish Economic Relations and Ways of Solving Contradictions","authors":"V. Gerasymchuk","doi":"10.37491/unz.83.10","DOIUrl":"https://doi.org/10.37491/unz.83.10","url":null,"abstract":"Attention is focused on topical issues of the development of mutually beneficial trade and economic relations between Ukraine and the Republic of Poland, which is one of the main strategic partners of Ukraine on the way to European and Euro-Atlantic integration. The article describes radical changes in the structure and incentives of economic relations in two neighbouring countries using the recommendations of the Washington Consensus, based on the principles of macroeconomic discipline, market economy and openness to the outside world. A retrospective analysis of the development of bilateral trade relations is carried out, indicating the existence of deep historical traditions, established close economic ties between countries. A significant revival of bilateral trade was noted after the entry into force in full of the Association Agreement between Ukraine and the EU, including the Deep and Comprehensive Free Trade Area. The problems of the development of two economic systems are analysed from the standpoint of the theory of asymmetry, which should be understood as the phenomenon of increasing differences in the dynamics of changes in the structure of trade, other indicators of socio-economic development caused by the multidirectional influence of a set of internal and external factors. Disproportions in bilateral trade and economic relations have been investigated both in spatial and temporal terms. The problem of the existence of disagreements in statistical data from the Ukrainian and Polish sides, the reasons for their occurrence are considered. The need to strengthen the trend of replacing mainly raw materials of Ukrainian exports with high-tech, with a greater share of processing, added value, which is possible in the context of cardinal changes in the sectoral structure of the national economy, was confirmed. Recommendations are proposed for improving the plan of the Ukrainian-Polish strategic partnership, establishing an effective mechanism of responsibility for its implementation, which should contribute to the economic rapprochement of the two countries and improve the quality of life of the population.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134208545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
According to public interest, caused by the entry into force on 01.09.2021 of the state standard of Ukraine DSTU 4163:2020 «State unified system of documentation. State unified documentation system. Unified system of organizational and administrative documentation. Requirements for execution of documents» this article is an author’s attempt from a professional point of view based on a systems approach to find out and evaluate the essence and significance of the innovations of this standard in relation to their impact on the preparation and execution of organizational and administrative documentation. Comparative analysis of DSTU 4163:2020 with its predecessor DSTU 4163:2003 in the research process was carried out, also a wide source base was used. The article presents comparative characteristics of the structural and semantic structure of these standards and the composition of the document’s requisite indicating statistical and semantic differences using a tabular form. According to the author, the text shows the most significant innovations that distinguish DSTU 4163:2020 from DSTU 4163:2003. Based on the principle of historicism, the article examines retrospective and modern normative-legal relations DSTU 4163: 2020, on the basis of which the author concludes that this standard is completely independent of the normative rudiments of Soviet office work, the full ability of the standard within its status to fully regulate the issue of execution of organizational and administrative documentation, accumulating the most modern requirements of current national legislation in combination with its own innovations. According to the author, one of the problems identified in the research process is the disregard in the standard of changes in the territorial organization of authority that took place in Ukraine in the process of decentralization of power. As a result, the rules of the standard ignore certain issues execution of documents by local executive state administrations and local self-government bodies, which are confirmed by the examples given by the author. The study revealed within this problem of the requisite composition of the forms of local state administrations and local governments contradictions of certain normative-legal acts, legislative unregulated use of forms with the image of the State Emblem of Ukraine, the name of the state and its names by local state administrations and local self-government bodies, as well as some other problems. According to the author, the solution of the problems revealed in the research process is possible in case introduction of the changes offered by it to specifically defined legislative and by-laws.
{"title":"State Standard of Ukraine DSTU 4163: 2020: Innovations and Problems","authors":"V. Savytskyi","doi":"10.37491/unz.82.9","DOIUrl":"https://doi.org/10.37491/unz.82.9","url":null,"abstract":"According to public interest, caused by the entry into force on 01.09.2021 of the state standard of Ukraine DSTU 4163:2020 «State unified system of documentation. State unified documentation system. Unified system of organizational and administrative documentation. Requirements for execution of documents» this article is an author’s attempt from a professional point of view based on a systems approach to find out and evaluate the essence and significance of the innovations of this standard in relation to their impact on the preparation and execution of organizational and administrative documentation. Comparative analysis of DSTU 4163:2020 with its predecessor DSTU 4163:2003 in the research process was carried out, also a wide source base was used. The article presents comparative characteristics of the structural and semantic structure of these standards and the composition of the document’s requisite indicating statistical and semantic differences using a tabular form. According to the author, the text shows the most significant innovations that distinguish DSTU 4163:2020 from DSTU 4163:2003. Based on the principle of historicism, the article examines retrospective and modern normative-legal relations DSTU 4163: 2020, on the basis of which the author concludes that this standard is completely independent of the normative rudiments of Soviet office work, the full ability of the standard within its status to fully regulate the issue of execution of organizational and administrative documentation, accumulating the most modern requirements of current national legislation in combination with its own innovations. According to the author, one of the problems identified in the research process is the disregard in the standard of changes in the territorial organization of authority that took place in Ukraine in the process of decentralization of power. As a result, the rules of the standard ignore certain issues execution of documents by local executive state administrations and local self-government bodies, which are confirmed by the examples given by the author. The study revealed within this problem of the requisite composition of the forms of local state administrations and local governments contradictions of certain normative-legal acts, legislative unregulated use of forms with the image of the State Emblem of Ukraine, the name of the state and its names by local state administrations and local self-government bodies, as well as some other problems. According to the author, the solution of the problems revealed in the research process is possible in case introduction of the changes offered by it to specifically defined legislative and by-laws.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114727697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As a result of the decentralization reform, the community is a center for ensuring the social well-being of citizens: social services are created, innovative social services are sought at the community level; grant funds are raised to strengthen the social capacity of communities; a partnership with business in the field of social support for vulnerable groups is being developed. However, the pandemic due to the spread of coronavirus infection COVID-19 has become a challenge for the social sphere as a whole. The objective of the article is to summarize the experience of the community of the city of Uman on social services and social support for vulnerable categories of citizens in a pandemic. Research results. The article establishes that the basic structure at the community level of the city of Uman, which is responsible for social protection of citizens is the Department of Labor and Social Protection of Uman City Council. Thanks to an extensive network of institutions that provide social and rehabilitation services to children, youth, families, people with disabilities, members of the ATO / JFO, retirees, and other vulnerable groups, the community has managed to provide quarantine work. It has been established that due to the assignment of a specific social work specialist to a certain district of the city, social work is carried out with families directly in the community. Every social worker has information about each family’s need for social services. Thanks to the prompt response to the needs of the community, local authorities together with socially responsible business provided adequate support to vulnerable categories of citizens during quarantine. Particular attention is paid to the development and approval of measures to prevent the spread of coronavirus infection COVID-19 among social workers. An electronic call for specialists has been introduced, the official website of the department provides an Internet reception service, and the city residents have been informed about the list of Minsopolitics online resources that can be used by recipients of social benefits. A separate area deserves attention — support for children and families with children during anti-epidemic measures in Ukraine, and after the easing of quarantine restrictions, measures are organized for children in compliance with all quarantine rules. An Observer has been set up on the basis of the Office’s structures, which is under the control of the city commission on technogenic and ecological safety and emergencies.
{"title":"Community-Based Social Work in a Pandemic","authors":"O. Kravchenko, H. Kucher","doi":"10.37491/unz.82.2","DOIUrl":"https://doi.org/10.37491/unz.82.2","url":null,"abstract":"As a result of the decentralization reform, the community is a center for ensuring the social well-being of citizens: social services are created, innovative social services are sought at the community level; grant funds are raised to strengthen the social capacity of communities; a partnership with business in the field of social support for vulnerable groups is being developed. However, the pandemic due to the spread of coronavirus infection COVID-19 has become a challenge for the social sphere as a whole. The objective of the article is to summarize the experience of the community of the city of Uman on social services and social support for vulnerable categories of citizens in a pandemic. Research results. The article establishes that the basic structure at the community level of the city of Uman, which is responsible for social protection of citizens is the Department of Labor and Social Protection of Uman City Council. Thanks to an extensive network of institutions that provide social and rehabilitation services to children, youth, families, people with disabilities, members of the ATO / JFO, retirees, and other vulnerable groups, the community has managed to provide quarantine work. It has been established that due to the assignment of a specific social work specialist to a certain district of the city, social work is carried out with families directly in the community. Every social worker has information about each family’s need for social services. Thanks to the prompt response to the needs of the community, local authorities together with socially responsible business provided adequate support to vulnerable categories of citizens during quarantine. Particular attention is paid to the development and approval of measures to prevent the spread of coronavirus infection COVID-19 among social workers. An electronic call for specialists has been introduced, the official website of the department provides an Internet reception service, and the city residents have been informed about the list of Minsopolitics online resources that can be used by recipients of social benefits. A separate area deserves attention — support for children and families with children during anti-epidemic measures in Ukraine, and after the easing of quarantine restrictions, measures are organized for children in compliance with all quarantine rules. An Observer has been set up on the basis of the Office’s structures, which is under the control of the city commission on technogenic and ecological safety and emergencies.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130993704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article deals with the analysis of the legal positions of the Constitutional Court of Ukraine in the sphere of protection of individual rights in criminal proceedings. It is substantiated that these rights are part of the system of fundamental constitutional values guaranteed by the Basic Law of Ukraine, the establishment and enforcement of which is the main duty of the state. These constitutional values are most threatened during a person’s investigation and trial, as well as in places of imprisonment. Understanding the content of these constitutional values, their fundamentality in the application of legislative provisions in criminal proceedings is the key to the effectiveness of the rule of law in this area and demonstrates the level of legal culture of society as a whole. The decisions of the Constitutional Court of Ukraine in the sphere of protection of individual rights in criminal proceedings have been analysed and it is determined that such decisions represent a significant share of decisions awarded by the Constitutional Court on protection of human rights and freedoms and address a wide range of criminal issues. Depending on the subject of consideration and the formulated legal positions of the Constitutional Court of Ukraine, the following types of decisions of the national body of constitutional control in the sphere of protection of individual rights in criminal proceedings are identified: regarding the requirements for normative legal acts (type, content); on the right of a person to legal aid; on restricting a person’s right to liberty; on protection, including judicial, rights and freedoms of a person at various stages of criminal proceedings - from entering information about a criminal offense in the Unified Register of pre-trial investigations to sentencing in the case; on guaranteeing, affirming and ensuring by the state the right to life, health and dignity of a person in sentencing and imposition of punishment. It is concluded that the Constitutional Court of Ukraine protects the rights and freedoms of persons in criminal proceedings by making decisions, including on constitutional complaints, at the highest constitutional level. After the publication of the decisions of the Constitutional Court, the legal positions set out in them, being in normative unity with the provisions of the Constitution of Ukraine interpreted in the decisions, become direct regulators of public relations, including determining the content and scope of constitutional human and civil rights.
{"title":"Practice of the Constitutional Court of Ukraine on the Protection of Personal Rights in Criminal Judicial Procedure","authors":"Viktor Beschastnyi","doi":"10.37491/unz.83.14","DOIUrl":"https://doi.org/10.37491/unz.83.14","url":null,"abstract":"The article deals with the analysis of the legal positions of the Constitutional Court of Ukraine in the sphere of protection of individual rights in criminal proceedings. It is substantiated that these rights are part of the system of fundamental constitutional values guaranteed by the Basic Law of Ukraine, the establishment and enforcement of which is the main duty of the state. These constitutional values are most threatened during a person’s investigation and trial, as well as in places of imprisonment. Understanding the content of these constitutional values, their fundamentality in the application of legislative provisions in criminal proceedings is the key to the effectiveness of the rule of law in this area and demonstrates the level of legal culture of society as a whole. The decisions of the Constitutional Court of Ukraine in the sphere of protection of individual rights in criminal proceedings have been analysed and it is determined that such decisions represent a significant share of decisions awarded by the Constitutional Court on protection of human rights and freedoms and address a wide range of criminal issues. Depending on the subject of consideration and the formulated legal positions of the Constitutional Court of Ukraine, the following types of decisions of the national body of constitutional control in the sphere of protection of individual rights in criminal proceedings are identified: regarding the requirements for normative legal acts (type, content); on the right of a person to legal aid; on restricting a person’s right to liberty; on protection, including judicial, rights and freedoms of a person at various stages of criminal proceedings - from entering information about a criminal offense in the Unified Register of pre-trial investigations to sentencing in the case; on guaranteeing, affirming and ensuring by the state the right to life, health and dignity of a person in sentencing and imposition of punishment. It is concluded that the Constitutional Court of Ukraine protects the rights and freedoms of persons in criminal proceedings by making decisions, including on constitutional complaints, at the highest constitutional level. After the publication of the decisions of the Constitutional Court, the legal positions set out in them, being in normative unity with the provisions of the Constitution of Ukraine interpreted in the decisions, become direct regulators of public relations, including determining the content and scope of constitutional human and civil rights.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132841024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The scientific article highlights the peculiarities of legal relations in the area of training of personnel of the State Border Guard Service of Ukraine. It is emphasized that the change in approaches to the training of personnel of the State Border Guard Service of Ukraine applies to all types and areas of its implementation, but the most active process of modernization is in the field of higher military education. Amendments to the laws of Ukraine on the regulation of legal relations in the field of higher military education are aimed at updating the training of specialists in accordance with current challenges and threats to national security of Ukraine in general and its border security in particular. They influence the formation of new connections between the participants in the educational process, change their status, as well as the scope of rights and responsibilities. It is emphasized that legal relations in the field of training of the State Border Guard Service of Ukraine are formed between entities, the composition of which depends on the form of participation in this activity and tasks defined by the Constitution of Ukraine and other regulations. In particular, such entities include public authorities endowed with general and special competencies, as well as individual entities — scientific and scientific-pedagogical staff of educational institutions, students, graduates, etc. It is emphasized that in the field of training of the State Border Guard Service of Ukraine both general and special features of administrative and legal relations are manifested. It is concluded that the legal status of the participants of legal relations in the field of training of personnel of the State Border Guard Service of Ukraine determined by normative legal acts is complex, diverse and even somewhat contradictory. On the one hand, the statutory scope of powers of public authorities of general and special competence creates the necessary conditions for the integration of military education in the educational space of the state and improve the quality of training, and on the other — certain powers of public authorities of special competence to some extent narrow the autonomy of higher military institutions and the scope of rights of students and military professionals in the exercise of their constitutional rights.
{"title":"Peculiarities of Legal Relations in the Field of Personnel Training of the State Border Guard Service of Ukraine","authors":"O. Hanba, Nataliia Radchena","doi":"10.37491/unz.83.6","DOIUrl":"https://doi.org/10.37491/unz.83.6","url":null,"abstract":"The scientific article highlights the peculiarities of legal relations in the area of training of personnel of the State Border Guard Service of Ukraine. It is emphasized that the change in approaches to the training of personnel of the State Border Guard Service of Ukraine applies to all types and areas of its implementation, but the most active process of modernization is in the field of higher military education. Amendments to the laws of Ukraine on the regulation of legal relations in the field of higher military education are aimed at updating the training of specialists in accordance with current challenges and threats to national security of Ukraine in general and its border security in particular. They influence the formation of new connections between the participants in the educational process, change their status, as well as the scope of rights and responsibilities. It is emphasized that legal relations in the field of training of the State Border Guard Service of Ukraine are formed between entities, the composition of which depends on the form of participation in this activity and tasks defined by the Constitution of Ukraine and other regulations. In particular, such entities include public authorities endowed with general and special competencies, as well as individual entities — scientific and scientific-pedagogical staff of educational institutions, students, graduates, etc. It is emphasized that in the field of training of the State Border Guard Service of Ukraine both general and special features of administrative and legal relations are manifested. It is concluded that the legal status of the participants of legal relations in the field of training of personnel of the State Border Guard Service of Ukraine determined by normative legal acts is complex, diverse and even somewhat contradictory. On the one hand, the statutory scope of powers of public authorities of general and special competence creates the necessary conditions for the integration of military education in the educational space of the state and improve the quality of training, and on the other — certain powers of public authorities of special competence to some extent narrow the autonomy of higher military institutions and the scope of rights of students and military professionals in the exercise of their constitutional rights.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127129177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article deals with the analysis of general trends in the labour market, which are characterized by a rapid increase in unemployment in Ukraine. The main reasons for such negative trends are outlined and the main changes in employment in 2020–2021 are highlighted. The definition of a socially responsible employer is given and its content is revealed. It was found that a socially responsible employer is not so much an economic entity that meets the requirements of applicable law, as an enterprise that voluntarily implements a number of other social measures targeted at the employee and necessary for the latter, based on the specifics of their employment. Practical methods of application of the system of rational bonuses and stimulation of employees to motivated performance of official duties are given. Some changes are proposed, which should be made in the Labour Code of Ukraine and establish the limits of liability of the employer for failure to comply with the labour (collective) agreement on social security of employees. Emphasis is placed on the need for a larger-scale information campaign aimed at refusing employees to take up their duties without proper contractual arrangements, as by agreeing to informal employment, the employee is in fact vulnerable. There are three main groups of responsibilities of the employer for social security: preventive, logistical, monitoring (evaluation). A separate block of questions is devoted to the review of the organization of social security for workers with special needs. The general idea and philosophy of creating initially socially oriented business is more widely disclosed. The role of business entities in the organization of social entrepreneurship as a promising component of private social security is analysed. Examples of business activities in this area are given. Emphasis is placed on the mandatory participation of the employer in the organization of the investigation of an accident or occupational disease at work as a prerequisite for the employee to receive certain types of social security, including social rehabilitation.
{"title":"Organization of Social Security by Employers","authors":"L. Taranenko, N. CHUDYK-BILOUSOVA","doi":"10.37491/unz.82.10","DOIUrl":"https://doi.org/10.37491/unz.82.10","url":null,"abstract":"The article deals with the analysis of general trends in the labour market, which are characterized by a rapid increase in unemployment in Ukraine. The main reasons for such negative trends are outlined and the main changes in employment in 2020–2021 are highlighted. The definition of a socially responsible employer is given and its content is revealed. It was found that a socially responsible employer is not so much an economic entity that meets the requirements of applicable law, as an enterprise that voluntarily implements a number of other social measures targeted at the employee and necessary for the latter, based on the specifics of their employment. Practical methods of application of the system of rational bonuses and stimulation of employees to motivated performance of official duties are given. Some changes are proposed, which should be made in the Labour Code of Ukraine and establish the limits of liability of the employer for failure to comply with the labour (collective) agreement on social security of employees. Emphasis is placed on the need for a larger-scale information campaign aimed at refusing employees to take up their duties without proper contractual arrangements, as by agreeing to informal employment, the employee is in fact vulnerable. There are three main groups of responsibilities of the employer for social security: preventive, logistical, monitoring (evaluation). A separate block of questions is devoted to the review of the organization of social security for workers with special needs. The general idea and philosophy of creating initially socially oriented business is more widely disclosed. The role of business entities in the organization of social entrepreneurship as a promising component of private social security is analysed. Examples of business activities in this area are given. Emphasis is placed on the mandatory participation of the employer in the organization of the investigation of an accident or occupational disease at work as a prerequisite for the employee to receive certain types of social security, including social rehabilitation.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121039746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Citing official statistics on the share of the tourism industry in the world economy, the author connects the dynamics of its volume with the influence of positive or negative factors and pays attention to the dependence of positive or negative dynamics of such share on the level of state institutionalization of tourism in general and degree of standardization of documentation support of tourist activity as a component of institutionalization. Determining the state of regulatory and legal regulation of documentation of tourist activities as the purpose of the study caused by the subject need, manifestation of which is the professional scientific interest of the author as a teacher of the academic discipline «Documentation of the Activities of Tourism Organizations» in the preparation of bachelors in the educational-professional program in the specialty 242 Tourism, as well as the estimated probability of using the results of the study in the educational process. The author substantiates the absence among the works on documentation in general and documentation of the activities of tourist organizations in particular research exactly the normative-legal regulation of documentation of tourist activity. Based on the classification of management functions into general and special and the dependent division of documentation into general and special, the author structurally builds research in two areas: normative-legal regulation of general documentation of tourist activity and normative-legal regulation of special documentation of tourist activity. In both areas of the study, more than two dozen legislatives, by-laws and state standards of both general and special action were analysed. As a result of the research, the author determines the level of normative-legal regulation of the general documentation of tourist activity to be optimally sufficient. Along with this, according to the author, normative-legal regulation of special documentation support of tourist activity requires systematization, classification, unification, standardization if not at the level of state, then at least at the level of branch standards. In this regard, the author considers that the State Agency for Tourism Development of Ukraine should be more active in solving this problem.
{"title":"Normative and Legal Regulation of Documentation Service of Tourist Activity","authors":"V. Savytskyi","doi":"10.37491/unz.83.13","DOIUrl":"https://doi.org/10.37491/unz.83.13","url":null,"abstract":"Citing official statistics on the share of the tourism industry in the world economy, the author connects the dynamics of its volume with the influence of positive or negative factors and pays attention to the dependence of positive or negative dynamics of such share on the level of state institutionalization of tourism in general and degree of standardization of documentation support of tourist activity as a component of institutionalization. Determining the state of regulatory and legal regulation of documentation of tourist activities as the purpose of the study caused by the subject need, manifestation of which is the professional scientific interest of the author as a teacher of the academic discipline «Documentation of the Activities of Tourism Organizations» in the preparation of bachelors in the educational-professional program in the specialty 242 Tourism, as well as the estimated probability of using the results of the study in the educational process. The author substantiates the absence among the works on documentation in general and documentation of the activities of tourist organizations in particular research exactly the normative-legal regulation of documentation of tourist activity. Based on the classification of management functions into general and special and the dependent division of documentation into general and special, the author structurally builds research in two areas: normative-legal regulation of general documentation of tourist activity and normative-legal regulation of special documentation of tourist activity. In both areas of the study, more than two dozen legislatives, by-laws and state standards of both general and special action were analysed. As a result of the research, the author determines the level of normative-legal regulation of the general documentation of tourist activity to be optimally sufficient. Along with this, according to the author, normative-legal regulation of special documentation support of tourist activity requires systematization, classification, unification, standardization if not at the level of state, then at least at the level of branch standards. In this regard, the author considers that the State Agency for Tourism Development of Ukraine should be more active in solving this problem.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132714863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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