Pub Date : 2021-06-30DOI: 10.32518/2617-4162-2021-2-19-25
I. Lutsiv
The article deals with the doctrinal approaches to the definition of "public services". The legal nature of the concept is determined and its definition is formulated. The author analyzes the current state of functioning of these services. The current legislation concerning the definition of "public service", "state service", and "administrative service" is investigated. The theoretical developments on the essence of the concepts "service", "public service", and "administrative service" are considered. Public services are a comprehensive and multifaceted phenomenon; they can be examined as welfare services, functions, legal relations, process, object of rights, market. Public services are considered as an activity performing a set of relationships that are implemented in the provision of public services. Public service is a mandatory law enforcement activity, legally established, which refers to the powers of the competent state executive bodies, aimed at exercising the rights or legitimate interests of the individual and legal entity that initiated it, financed from the relevant budget. The purpose of the doctrinal definition of the concept of "public services" will not be implemented effectively if the scientific study of key and related issues of the problem is not elaborated. Since the amendments to the legislation are significant and unquestionable, in the future it is advisable to establish the administrative and legal basis of public services that are not administrative, in the form of a special law. The content of the law shall include the concept of public services that can be formulated by distinguishing between types of publicly significant activities based on the mechanisms of organization of service provision; the composition of participants in legal relations; the recognition of the subjective public right of individuals to receive public services; principles of public services.
{"title":"DOCTRINAL DEFINITIONS OF THE CONCEPT OF \"PUBLIC SERVICES\"","authors":"I. Lutsiv","doi":"10.32518/2617-4162-2021-2-19-25","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-19-25","url":null,"abstract":"The article deals with the doctrinal approaches to the definition of \"public services\". The legal nature of the concept is determined and its definition is formulated. The author analyzes the current state of functioning of these services. The current legislation concerning the definition of \"public service\", \"state service\", and \"administrative service\" is investigated. The theoretical developments on the essence of the concepts \"service\", \"public service\", and \"administrative service\" are considered. Public services are a comprehensive and multifaceted phenomenon; they can be examined as welfare services, functions, legal relations, process, object of rights, market. Public services are considered as an activity performing a set of relationships that are implemented in the provision of public services. Public service is a mandatory law enforcement activity, legally established, which refers to the powers of the competent state executive bodies, aimed at exercising the rights or legitimate interests of the individual and legal entity that initiated it, financed from the relevant budget. The purpose of the doctrinal definition of the concept of \"public services\" will not be implemented effectively if the scientific study of key and related issues of the problem is not elaborated. Since the amendments to the legislation are significant and unquestionable, in the future it is advisable to establish the administrative and legal basis of public services that are not administrative, in the form of a special law. The content of the law shall include the concept of public services that can be formulated by distinguishing between types of publicly significant activities based on the mechanisms of organization of service provision; the composition of participants in legal relations; the recognition of the subjective public right of individuals to receive public services; principles of public services.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116960611","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}
Pub Date : 2021-06-30DOI: 10.32518/2617-4162-2021-2-181-187
O. Оnyshko, Ruslan Topolevsky
. The article is devoted to the study of ageism as a form of age discrimination. The peculiarity of age discrimination is that anyone can become its object after reaching the appropriate age. The main thing is that ageism has a dual nature. The first is the level of perception and stereotypes and the second is the level of certain ones. At the same time, the influence on the change of stereotypes is possible only through the sphere of indirect influence - the formation of appropriate cultural norms that would be in opposite to such stereotypes. Also, discriminatory practices may be subject to the legal regulation. It is noted that some of these practices have a marginal origin, because they are on the border between actions that can be clearly defined as direct discrimination and actions that constitute covert discrimination. At the same time, both formalization and prevention of hidden discrimination are very complicated. The possibility of implementing special measures (affirmative actions) to reduce the impact of agediscriminatory practices is indicated in the article. The study of the problem of ageism emphasizes the special nature of discriminatory practices in the field of labor law. The practice of restricting the employment of persons who have reached a certain age is the most pronounced. Such limitations should be considered as discriminatory practices, except when they can be justified. However, such justification must be proven for each specific type of restriction. The concept of presumption of prohibition of age discrimination is offered. The article emphasizes the need of the problem of age discrimination for future researches, including through sociological means. Also, it is necessary to monitor and revise legislation and bills in terms of age restrictions on certain activities.
{"title":"AGEISM AS A LATENT FORM OF AGE DISCRIMINATION","authors":"O. Оnyshko, Ruslan Topolevsky","doi":"10.32518/2617-4162-2021-2-181-187","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-181-187","url":null,"abstract":". The article is devoted to the study of ageism as a form of age discrimination. The peculiarity of age discrimination is that anyone can become its object after reaching the appropriate age. The main thing is that ageism has a dual nature. The first is the level of perception and stereotypes and the second is the level of certain ones. At the same time, the influence on the change of stereotypes is possible only through the sphere of indirect influence - the formation of appropriate cultural norms that would be in opposite to such stereotypes. Also, discriminatory practices may be subject to the legal regulation. It is noted that some of these practices have a marginal origin, because they are on the border between actions that can be clearly defined as direct discrimination and actions that constitute covert discrimination. At the same time, both formalization and prevention of hidden discrimination are very complicated. The possibility of implementing special measures (affirmative actions) to reduce the impact of agediscriminatory practices is indicated in the article. The study of the problem of ageism emphasizes the special nature of discriminatory practices in the field of labor law. The practice of restricting the employment of persons who have reached a certain age is the most pronounced. Such limitations should be considered as discriminatory practices, except when they can be justified. However, such justification must be proven for each specific type of restriction. The concept of presumption of prohibition of age discrimination is offered. The article emphasizes the need of the problem of age discrimination for future researches, including through sociological means. Also, it is necessary to monitor and revise legislation and bills in terms of age restrictions on certain activities.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126282688","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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