Pub Date : 2021-12-27DOI: 10.26565/2075-1834-2021-32-12
Hlib Rybalko
The article is devoted to the grounds for representing the interests of the state in court by the prosecutor. Since 2016, as a result of the implementation of constitutional reform in the field of justice, the prosecutor's office represents the interests of the state in the courts in exceptional cases and in the manner prescribed by law. The issue of representation by the prosecutor's office has recently become increasingly important, as both the number of legal disputes and the lack of protection of state interests by the relevant competent authorities are growing. Issues of a practical nature related to the implementation of this constitutional function of the prosecutor's office are becoming more and more acute, including different interpretations of "exceptional cases of representation", "public interest", "authorized subject of power" ", Which are key to establishing the existence of grounds for the prosecutor to represent the interests of the state in court. The analysis of such concepts as "exceptional cases", "inaction" of the competent authority (to protect the interests of the state), "failure to protect", "improper protection". Emphasis is placed on the fact that in case of non-exercise or improper exercise by a state authority, local government or other subject of power, which is responsible for the relevant powers, protection of state interests, as well as signs of administrative or criminal offenses. nature, if there are grounds, the prosecutor must perform the actions provided by law to initiate the relevant proceedings. All this leads to the fact that the possibility of representation of the interests of the state in court by the prosecutor increasingly acquires elements of "exclusive representation of the interests of the state in court by the prosecutor".
{"title":"CURRENT ISSUES OF THE REPRESENTATION OF THE STATE PROSECUTOR'S INTERESTS IN COURT","authors":"Hlib Rybalko","doi":"10.26565/2075-1834-2021-32-12","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-12","url":null,"abstract":"The article is devoted to the grounds for representing the interests of the state in court by the prosecutor. Since 2016, as a result of the implementation of constitutional reform in the field of justice, the prosecutor's office represents the interests of the state in the courts in exceptional cases and in the manner prescribed by law. The issue of representation by the prosecutor's office has recently become increasingly important, as both the number of legal disputes and the lack of protection of state interests by the relevant competent authorities are growing. Issues of a practical nature related to the implementation of this constitutional function of the prosecutor's office are becoming more and more acute, including different interpretations of \"exceptional cases of representation\", \"public interest\", \"authorized subject of power\" \", Which are key to establishing the existence of grounds for the prosecutor to represent the interests of the state in court. The analysis of such concepts as \"exceptional cases\", \"inaction\" of the competent authority (to protect the interests of the state), \"failure to protect\", \"improper protection\". Emphasis is placed on the fact that in case of non-exercise or improper exercise by a state authority, local government or other subject of power, which is responsible for the relevant powers, protection of state interests, as well as signs of administrative or criminal offenses. nature, if there are grounds, the prosecutor must perform the actions provided by law to initiate the relevant proceedings. All this leads to the fact that the possibility of representation of the interests of the state in court by the prosecutor increasingly acquires elements of \"exclusive representation of the interests of the state in court by the prosecutor\".","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"2016 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73317056","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 : 2021-12-27DOI: 10.26565/2075-1834-2021-32-08
T. Dunaieva
ANNOTATION: Introduction. In Ukraine, the principle of the rule of law is recognized and operates as a modern principle of the Ukrainian law system. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. The Constitutional Court of Ukraine decides on the compliance of the Constitution of Ukraine with the laws of Ukraine and other normative acts, and carries out the official interpretation of the Constitution of Ukraine. The Constitutional Court of Ukraine determines the norms of a law or other normative act as those that correspond or do not correspond to the principle of the rule of law. The constitutional principles of the rule of law and protection of human rights are systematically interconnected and are embodied in the norms of the Constitution of Ukraine, which, in particular, determine the right to judicial protection. Summary of research results. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. It should be noted that the current criminal procedure law does not determine, until the end, the regulation of the appeal against the decisions of the investigating judge during the pre-trial investigation; does not establish a norm according to which a precautionary measure in the form of detention or house arrest should be considered extended in the absence of requests from the parties to change or cancel such a measure, deprives the person of adequate protection against arbitrariness. Conclusions. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. The Constitutional Court of Ukraine promotes the quality of legislation by repealing unconstitutional provisions, is important for further improving the efficiency of judicial review and ensuring the unity of judicial practice, promotes the implementation of legal principles of predictability, rule of law, effective protection of human rights. Decisions of the Constitutional Court of Ukraine, its legal positions have a regulatory impact on the implementation of criminal procedural activities and are a means of eliminating gaps in criminal procedural legislation of Ukraine.
{"title":"THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE","authors":"T. Dunaieva","doi":"10.26565/2075-1834-2021-32-08","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-08","url":null,"abstract":"ANNOTATION: Introduction. In Ukraine, the principle of the rule of law is recognized and operates as a modern principle of the Ukrainian law system. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. The Constitutional Court of Ukraine decides on the compliance of the Constitution of Ukraine with the laws of Ukraine and other normative acts, and carries out the official interpretation of the Constitution of Ukraine. The Constitutional Court of Ukraine determines the norms of a law or other normative act as those that correspond or do not correspond to the principle of the rule of law. The constitutional principles of the rule of law and protection of human rights are systematically interconnected and are embodied in the norms of the Constitution of Ukraine, which, in particular, determine the right to judicial protection.\u0000\u0000Summary of research results. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. It should be noted that the current criminal procedure law does not determine, until the end, the regulation of the appeal against the decisions of the investigating judge during the pre-trial investigation; does not establish a norm according to which a precautionary measure in the form of detention or house arrest should be considered extended in the absence of requests from the parties to change or cancel such a measure, deprives the person of adequate protection against arbitrariness.\u0000\u0000Conclusions. Decisions of the Constitutional Court of Ukraine are important for the development of doctrine in criminal and criminal procedural legislation of Ukraine. The Constitutional Court of Ukraine promotes the quality of legislation by repealing unconstitutional provisions, is important for further improving the efficiency of judicial review and ensuring the unity of judicial practice, promotes the implementation of legal principles of predictability, rule of law, effective protection of human rights. Decisions of the Constitutional Court of Ukraine, its legal positions have a regulatory impact on the implementation of criminal procedural activities and are a means of eliminating gaps in criminal procedural legislation of Ukraine.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"166 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75396371","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 highlights the urgent problems of legal regulation of food security in Ukraine in the context of the Covid-19 coronavirus pandemic. In the course of the study, the authors analyze the regulations governing food security for efficiency and relevance to today's realities, immediacy in relation to the negative consequences caused by the Covid-19 coronavirus pandemic. The very concept of food security, approaches to its definition, research of elements of which it consists, their theoretical and practical value are considered also. There are ways and methods by which you can determine the level of food security in a country. Particular attention is paid to product availability as a fundamental element of food security. The authors reveal it in both formal and factual aspects, emphasize the inseparable relationship of these aspects, confirm this with illustrative examples. The article also considers the impact of the negative effects of the Covid-19 coronavirus pandemic on the functioning of agricultural law institutions, so the authors propose amendments to various regulations of current agricultural legislation with the sole purpose - to save and restore food security in Ukraine. The authors emphasize the urgency of the problem of the lack of a special law on food security in Ukraine, while citing the views of agricultural industry and legislation on this issue in terms of the feasibility of the fastest and most effective filling of such gaps. Therefore, the article proposes and substantiates the adoption of a single, unified, special law that will regulate legal relations arising in relation to food security of Ukraine. In its development, the authors advise to borrow positive experience in the field of food security of advanced countries. In addition, in order to respond quickly to the challenges of Covid-19, it is necessary to adopt the relevant bylaws on the basis of a special law by the executive authorities in the field of economy and agriculture. Much attention is paid to international cooperation in the field of export and import of agricultural products, because this circulation of agricultural products between countries directly affects the food security of each of them. The authors conclude that it is taking into account the obligations in the framework of international cooperation, Ukraine should develop a specialized regulatory framework in the field of food security.
{"title":"PROBLEMS OF LEGAL REGULATION OF FOOD SECURITY OF UKRAINE IN THE CONTEXT OF THE COVID-19 PANDEMIC","authors":"Mykhailo Yuriiovych Pokalchuk, Bogdan Viktorovich Yakubov","doi":"10.26565/2075-1834-2021-32-03","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-03","url":null,"abstract":"The article highlights the urgent problems of legal regulation of food security in Ukraine in the context of the Covid-19 coronavirus pandemic. In the course of the study, the authors analyze the regulations governing food security for efficiency and relevance to today's realities, immediacy in relation to the negative consequences caused by the Covid-19 coronavirus pandemic. The very concept of food security, approaches to its definition, research of elements of which it consists, their theoretical and practical value are considered also. There are ways and methods by which you can determine the level of food security in a country. Particular attention is paid to product availability as a fundamental element of food security. The authors reveal it in both formal and factual aspects, emphasize the inseparable relationship of these aspects, confirm this with illustrative examples.\u0000\u0000The article also considers the impact of the negative effects of the Covid-19 coronavirus pandemic on the functioning of agricultural law institutions, so the authors propose amendments to various regulations of current agricultural legislation with the sole purpose - to save and restore food security in Ukraine.\u0000\u0000The authors emphasize the urgency of the problem of the lack of a special law on food security in Ukraine, while citing the views of agricultural industry and legislation on this issue in terms of the feasibility of the fastest and most effective filling of such gaps. Therefore, the article proposes and substantiates the adoption of a single, unified, special law that will regulate legal relations arising in relation to food security of Ukraine. In its development, the authors advise to borrow positive experience in the field of food security of advanced countries. In addition, in order to respond quickly to the challenges of Covid-19, it is necessary to adopt the relevant bylaws on the basis of a special law by the executive authorities in the field of economy and agriculture.\u0000\u0000Much attention is paid to international cooperation in the field of export and import of agricultural products, because this circulation of agricultural products between countries directly affects the food security of each of them. The authors conclude that it is taking into account the obligations in the framework of international cooperation, Ukraine should develop a specialized regulatory framework in the field of food security.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78058355","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 : 2021-12-27DOI: 10.26565/2075-1834-2021-32-10
Jonaedi Efendi, Sulaksono
The existence of advocate in a society was really needed. Advocate had very strategic function and role to manifest the truth and justice in law enforcement. However, it could not be denied, that advocate was directly or indirectly involved to create justice mafia and judicial corruption. Nowadays, advocate profession was more known tocase “broker” that stood right between clients and law enforcement officials (judge, prosecutor and police) as justice buyer and seller such the deviations done by advocate in prisoner jockey case at a jail in Bojonegoro, East java. The elaboration above showed the optimization supervision and enforcement advocate code of ethics were needed. Hence, advocate stayed at the law corridor zone. This research tried to review the supervision and enforcement of advocate code ethics concept. The method used was normative-sociologist approach, which reviewed as to the supervision and enforcement advocate code ethics in legislations rule as well as the advocate responsibility analysis in sociology. This research’s result stated that the supervision of advocate was the responsibility of all country’s institution and law enforcement officials, thus the aspiration to manifest law justice would be achievedand advocate contribution in law supremacy was maximized.
{"title":"CODE ETHIC SUPERVISION AND ENFORCEMENT OF ADVOCATE IN INDONESIA","authors":"Jonaedi Efendi, Sulaksono","doi":"10.26565/2075-1834-2021-32-10","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-10","url":null,"abstract":"The existence of advocate in a society was really needed. Advocate had very strategic function and role to manifest the truth and justice in law enforcement. However, it could not be denied, that advocate was directly or indirectly involved to create justice mafia and judicial corruption. Nowadays, advocate profession was more known tocase “broker” that stood right between clients and law enforcement officials (judge, prosecutor and police) as justice buyer and seller such the deviations done by advocate in prisoner jockey case at a jail in Bojonegoro, East java. The elaboration above showed the optimization supervision and enforcement advocate code of ethics were needed. Hence, advocate stayed at the law corridor zone. This research tried to review the supervision and enforcement of advocate code ethics concept. The method used was normative-sociologist approach, which reviewed as to the supervision and enforcement advocate code ethics in legislations rule as well as the advocate responsibility analysis in sociology. This research’s result stated that the supervision of advocate was the responsibility of all country’s institution and law enforcement officials, thus the aspiration to manifest law justice would be achievedand advocate contribution in law supremacy was maximized.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85685267","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 : 2021-12-27DOI: 10.26565/2075-1834-2021-32-05
Tetyana Kaganovska, Tetiana Olehivna Semenenko
Annotation. The article examines the concept of the principle of gender equality in the system of state power, indicates the legal international and national basis for the formation of the institution of ensuring the principle of gender equality in general and in the system of public authorities in particular. The author analyzes the content of the concepts "principle", "gender" and "equality", emphasizes the problem of underrepresentation of women in public authorities, the need to ensure a fair balance of government officials by gender, illustrates statistics on the ratio of officials by gender. It is noted that disproportionate representation on the basis of gender is often the result of prevailing stereotypes and attitudes in society. Accent is placed on the correlation between gender segregation in public administration and occupational segregation in society as a whole; the significant influence of gender culture in the field of public administration on the formation of public opinion on gender issues is emphasized. Examples of strengthening legislative guarantees and Ukraine's introduction of positive mechanisms to ensure gender equality in the field of legislative power are given. Attention is given to the positive and negative commitments of Ukraine in this area. The article offers a comprehensive definition of the principle of gender equality in the system of state power of Ukraine. The fact of expanding the content of the principle of gender equality as a guideline of legal regulation is pointed out, as well as the correlation between the need to ensure gender equality in state administration and the principle of efficiency of the public service.
{"title":"ESSENCE OF THE PRINCIPLE OF GENDER EQUALITY IN THE SYSTEM OF STATE AUTHORITIES OF UKRAINE","authors":"Tetyana Kaganovska, Tetiana Olehivna Semenenko","doi":"10.26565/2075-1834-2021-32-05","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-05","url":null,"abstract":"Annotation. The article examines the concept of the principle of gender equality in the system of state power, indicates the legal international and national basis for the formation of the institution of ensuring the principle of gender equality in general and in the system of public authorities in particular.\u0000\u0000The author analyzes the content of the concepts \"principle\", \"gender\" and \"equality\", emphasizes the problem of underrepresentation of women in public authorities, the need to ensure a fair balance of government officials by gender, illustrates statistics on the ratio of officials by gender. It is noted that disproportionate representation on the basis of gender is often the result of prevailing stereotypes and attitudes in society. Accent is placed on the correlation between gender segregation in public administration and occupational segregation in society as a whole; the significant influence of gender culture in the field of public administration on the formation of public opinion on gender issues is emphasized. Examples of strengthening legislative guarantees and Ukraine's introduction of positive mechanisms to ensure gender equality in the field of legislative power are given. Attention is given to the positive and negative commitments of Ukraine in this area.\u0000\u0000The article offers a comprehensive definition of the principle of gender equality in the system of state power of Ukraine. The fact of expanding the content of the principle of gender equality as a guideline of legal regulation is pointed out, as well as the correlation between the need to ensure gender equality in state administration and the principle of efficiency of the public service.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82843149","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 : 2021-12-27DOI: 10.26565/2075-1834-2021-32-11
O. P. Koretsky, Victoria Vitalievna Koretska
Introduction. Security must be ensured in various spheres of socially significant activity. As criminal proceedings are one of the most important activities of the state, the issue of ensuring the safety of participants in criminal proceedings becomes particularly relevant. The term "security of participants in criminal proceedings" is not an abstract concept, as security must be provided to specific persons involved in criminal proceedings, and if there are real grounds for doing so. Summary of the main research results. The need to ensure the safety of participants in criminal proceedings in Ukraine arose not so long ago as some other criminal procedural institutions (for example, the Institute for the Protection of Suspects and Accused). Many procedural scholars have dealt with this issue. It is proposed to expand the provisions on ensuring the safety of a person harmed by a crime and to specify that such security should be provided to a natural person who has suffered from a crime, regardless of his status as a victim, and to a representative of a legal entity in case of property damage. reputation of this legal entity. Conclusions. It should be noted that the vast majority of proposals developed and substantiated by criminal procedure science were requested by the legislator to form a system of security measures enshrined in the CPC of Ukraine. At the same time, a large number of issues related to the establishment of criminal security measures remain unresolved to this day. Ways to improve the current legislation of Ukraine are suggested.
{"title":"SAFETY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS","authors":"O. P. Koretsky, Victoria Vitalievna Koretska","doi":"10.26565/2075-1834-2021-32-11","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-11","url":null,"abstract":"Introduction. Security must be ensured in various spheres of socially significant activity. As criminal proceedings are one of the most important activities of the state, the issue of ensuring the safety of participants in criminal proceedings becomes particularly relevant. The term \"security of participants in criminal proceedings\" is not an abstract concept, as security must be provided to specific persons involved in criminal proceedings, and if there are real grounds for doing so.\u0000\u0000Summary of the main research results. The need to ensure the safety of participants in criminal proceedings in Ukraine arose not so long ago as some other criminal procedural institutions (for example, the Institute for the Protection of Suspects and Accused). Many procedural scholars have dealt with this issue. It is proposed to expand the provisions on ensuring the safety of a person harmed by a crime and to specify that such security should be provided to a natural person who has suffered from a crime, regardless of his status as a victim, and to a representative of a legal entity in case of property damage. reputation of this legal entity.\u0000\u0000Conclusions. It should be noted that the vast majority of proposals developed and substantiated by criminal procedure science were requested by the legislator to form a system of security measures enshrined in the CPC of Ukraine. At the same time, a large number of issues related to the establishment of criminal security measures remain unresolved to this day. Ways to improve the current legislation of Ukraine are suggested.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78012317","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 : 2021-12-27DOI: 10.26565/2075-1834-2021-32-01
V. Savchenko
Introduction. The article is devoted to the connection of free will with the principle of inadmissibility of arbitrary interference in the sphere of a person's private life. Civil law is based on the basic principles that underlie it. A full understanding of the legal nature of these principles will allow a deeper understanding of the paradigms and vectors on which civil law develops. At the same time, at the heart of all the principles of civil law is the legal definition that determines all its ideas. Freedom of will is recognized as such a basis. In the study, the author argues that freedom of will is the fundamental basis for the principles of civil law. The connection between the principle of inadmissibility of arbitrary interference in the sphere of personal life and freedom of will has also been proved. Summary. First of all, the connection of free will with the principle of inadmissibility of arbitrary interference in the sphere of a person's private life is recognized as unambiguous. The principle of inadmissibility of arbitrary interference in the sphere of a person's private life is multidimensional and corresponds to a large number of civil and constitutional rights. In particular, in Art. 32 of the Constitution of Ukraine stipulates that no one may be interfered with in his personal and family life, except in cases provided by the Constitution of Ukraine. Recognition of a person's private life and prohibition of arbitrary interference in it runs like a red thread through all legislation. The combination of the principle of inadmissibility of arbitrary interference in the sphere of personal life and freedom of will should be justified by the thesis that the law governs the external relations of freedom of one person to the freedom of others, and morality - the internal motivations of the person. Conclusions. freedom of will is necessarily manifested in the application of the principle of inadmissibility of arbitrary interference in the sphere of personal life. On the one hand, this principle proclaims the protection of free will applied in the private life of man. On the contrary, this principle restricts the freedom of will of other parties to the legal relationship by prohibiting arbitrary interference.
{"title":"THE PRINCIPLE OF NON-INTERFERENCE IN A PERSONAL LIFE AS A MANIFESTATION OF FREE WILL","authors":"V. Savchenko","doi":"10.26565/2075-1834-2021-32-01","DOIUrl":"https://doi.org/10.26565/2075-1834-2021-32-01","url":null,"abstract":"Introduction. The article is devoted to the connection of free will with the principle of inadmissibility of arbitrary interference in the sphere of a person's private life. Civil law is based on the basic principles that underlie it. A full understanding of the legal nature of these principles will allow a deeper understanding of the paradigms and vectors on which civil law develops. At the same time, at the heart of all the principles of civil law is the legal definition that determines all its ideas. Freedom of will is recognized as such a basis.\u0000\u0000In the study, the author argues that freedom of will is the fundamental basis for the principles of civil law. The connection between the principle of inadmissibility of arbitrary interference in the sphere of personal life and freedom of will has also been proved.\u0000\u0000Summary. First of all, the connection of free will with the principle of inadmissibility of arbitrary interference in the sphere of a person's private life is recognized as unambiguous. The principle of inadmissibility of arbitrary interference in the sphere of a person's private life is multidimensional and corresponds to a large number of civil and constitutional rights. In particular, in Art. 32 of the Constitution of Ukraine stipulates that no one may be interfered with in his personal and family life, except in cases provided by the Constitution of Ukraine. Recognition of a person's private life and prohibition of arbitrary interference in it runs like a red thread through all legislation. The combination of the principle of inadmissibility of arbitrary interference in the sphere of personal life and freedom of will should be justified by the thesis that the law governs the external relations of freedom of one person to the freedom of others, and morality - the internal motivations of the person.\u0000\u0000Conclusions. freedom of will is necessarily manifested in the application of the principle of inadmissibility of arbitrary interference in the sphere of personal life. On the one hand, this principle proclaims the protection of free will applied in the private life of man. On the contrary, this principle restricts the freedom of will of other parties to the legal relationship by prohibiting arbitrary interference.","PeriodicalId":33522,"journal":{"name":"Visnik Kharkivs''kogo natsional''nogo universitetu imeni VN Karazina Seriia Ekonomika","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90700639","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 : 2021-12-27DOI: 10.26565/2075-1834-2021-32-13
Pouryazdankhah Mojdeh
Introduction: Women’s health, due to their biological characteristics and fertility function, as well as their role, their focus on family and community health care is different from that of men and is of particular importance. According to the World Health Organization, women are at greater risk of poverty, hunger and malnutrition due to their diverse roles in the family and society, which undergo various physiological courses such as puberty, menstruation, pregnancy, childbirth and menopause. And sex discrimination is a high-risk group. Women's health is vulnerable for various reasons, and in addition to biological features, the impact of cultural, social, economic and political factors. The first condition for a healthy and dynamic society and health is stability and strengthening the family, and women guarantee health and strengthening family. The family is the foundation and cornerstone of the social institution, given that the upbringing of the next generation is the responsibility of women. Dynamics is the result of the existence of healthy and knowledgeable women, which shows the importance of women's right to health. Unfortunately, despite international, regional organizations and groups working on women's rights, we still see discrimination and lack of access to women's rights today, and this lack of access seems to be due to ignorance and recognition of women's rights and lack of state support. in practice to facilitate women's access to health. Women's health is very vulnerable in most countries, and this is considered to be one of the features of the development of countries, with the main emphasis on promoting and strengthening the role of women in achieving good health and promoting their position in the system. Women develop education and a culture of health. Women Both recipients and main health care providers are part of the health care system and, in part, make up a large proportion of health care providers in the formal health care sector. This article examines the state of health rights in Ukraine, the history of women's health rights, laws on women's health care since Ukraine's independence, current laws on the advancement of women, and all international and global partnerships to promote health. women.
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Pub Date : 2021-12-10DOI: 10.26565/2220-7929-2021-60-08
S. Sorochan
The article attempts to outline the philological criteria of working with the Byzantine sources that would allow us to find the key to the concepts and definitions of the Byzantine market economy, or rather the Byzantine “economy with markets.” Only using such a key can we learn to cull from the written sources evidence relating to Byzantine goods and services, crafts, trade, and their specialization. Given that this is the first time such an attempt has been made in historiography, its results may be particularly useful from the methodological point of view for further research in this direction. Especially important is the concept of “goods,” found in the sources as empolema, ergocheiron, pragma, pargmatos, pragmateia, emporeia, emporeuma, empoeumata, agoraima, agoraro, and onia. The concept of “trade relations” (synallagmata) also deserves attention. Specialization in crafts and trade is clearly marked in the written sources by such definitions as “occupation,” “service,” or “job” (yperesia, douleia, douleusis, doulagodia, latreia, pragma, praxis, episteme, epistedeuma, epitedeuma, epeiserchestha , techne, ergosia). Different categories of artisans were referred to using such terms as cheirotechnes, cheirourgos, demiourgos, technites, and their variations (technai depantoiai, cheirotechnai, cheirourgoi, yphantike), while retailers and merchants were usually lumped under the terms agoraios or emporos. Persons working in the same occupation were labeled as omotechnois. The terms omoergoi, etairos, or sygkeimenoi tes autes technes were used in the same sense. They could sometimes refer to a wide variety of traders – those who were engaged in sales (poles, poletes, prates) and therefore had the prefix “I sell” (poleo) attached to the name of their specialization.
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Pub Date : 2021-12-10DOI: 10.26565/2220-7929-2021-60-07
I. Sergeev
The article discusses the question of the usefulness of periodically publishing new translations of works by ancient authors into modern languages. In the author’s view, the need to do this arises not only because previously published translations become bibliographic rarities, but also because progress in the study of ancient history may call into question the translation of certain terms from Latin or ancient Greek into modern languages. To illustrate this thesis, the author critically analyzes several Russian, English, and Ukrainian translations of passages in Suetonius Tranquillus’ Lives of the Twelve Caesars and Cornelius Tacitus’ Annals containing information on the contents of the so-called “Breviarium totius imperii,” composed for Emperor Augustus shortly before his death. The author focuses on the ways the translators treat such terms as fiscus, tributum, and vectigal. It is pointed out that today’s historiography calls into question the practice of imposing the modern understanding of the organization of public finance management on the interpretation of ancient Roman finances. Therefore, some historians today categorically refute the thesis of the translators of these works by Suetonius Tranquillus and Cornelius Tacitus that already during the reign of Emperor Octavian Augustus a separate imperial treasury (fiscus) was created in the Roman Empire alongside the old Senate treasury (aerarium). Based on modern analyses of the basic division of taxes collected by the Roman state during the reign of the first emperors, the author argues that the translators’ interpretation of the terms tributum and vectigal leads to the erroneous grouping of taxes collected from the population into direct and indirect. These considerations prompt the author to conclude that it is expedient to periodically publish updated translations of works not only by Suetonius and Tacitus, but also by other ancient authors.
这篇文章讨论了定期将古代作者的作品翻译成现代语言的有用性问题。在作者看来，之所以需要这样做，不仅是因为以前出版的译本已成为书目中的稀罕物，而且还因为古代史研究的进步可能会对某些术语从拉丁语或古希腊语翻译成现代语言产生质疑。为了说明这一论点，作者批判性地分析了Suetonius Tranquillus的《十二凯撒传》(Lives of the Twelve Caesars)和Cornelius Tacitus的《编年史》(Annals)中几段俄语、英语和乌克兰语的译文，其中包含了所谓的“Breviarium totius imperii”的内容，这是奥古斯都皇帝去世前不久为他写的。作者着重探讨了译者对“国库”、“朝贡”和“法定”等术语的处理方式。本文指出，今天的史学对将公共财政管理组织的现代理解强加于古罗马财政解释的做法提出了质疑。因此，今天的一些历史学家断然驳斥了Suetonius Tranquillus和Cornelius Tacitus这些作品的译者的论点，即在屋大维奥古斯都皇帝统治时期，罗马帝国已经在旧的元老院国库(aerarium)旁边建立了一个单独的帝国国库(fisus)。本文通过对罗马第一代皇帝统治时期税收基本划分的现代分析，认为翻译者对贡品税(tributum)和法定税(vectigal)这两个术语的解释导致了对人民征收的直接税和间接税的错误划分。这些考虑促使作者得出结论，定期出版更新的翻译作品是权宜之计，不仅是苏托尼乌斯和塔西佗的作品，还有其他古代作者的作品。
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