Pub Date : 1900-01-01DOI: 10.36059/978-966-397-181-0/51-66
A. Hnatovska
INTRODUCTION During the period of deep transformations that covered all spheres of life of our society, its economy, politics, moral principles, the problems of improving the state apparatus providing the activity of the main links of state power acquire special significance. The process of development ukrainian statehood, state mechanism strengthening and public administration improvement are inextricably linked to the organization and functioning of the apparatus of public authorities. The state authorities in implimintationnof their powers, needs the assistance of competent specialists in organizational, scientific, personnel, financial, economic, legal, logistical and other support of their activities. State apparatus are created and acted upon to fulfill these tasks. Modern conditions for the management, development and adoption of normative legal acts by state authorities require an increasing participation of subsidiary state bodies. It is important to study the problem of systemic interaction between the legislative and executive branches of government and the functioning of the state mechanism through the prism of participation in it of the corresponding subsidiary state bodies. Today, the emergence of managerial decisions and their implementation in regulatory acts has been little researched. Only few scientists describe the functioning of those bodies that facilitate the work of state bodies of all branches of government, ensure their interaction and cooperation with each other.
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Pub Date : 1900-01-01DOI: 10.36059/978-966-397-181-0/16-35
G. V. Chebotareva, Law
INTRODUCTION Until now, in the science of both civil procedural and economic procedural law of Ukraine there is no special study entirely devoted to the Institute of appellate proceedings. In the legal literature before 1917, an appeal was considered as a request by a party who considers a decision of the court of first instance completely or partially incorrect, for a new examination and a new decision of the case by the court of higher instance. So, the purpose of the appeal is the review, that is, the secondary consideration of the case on the merits as a whole or in part. The Institute of cassation proceedings in the economic process, which has been operating in Ukraine since June 21, 2001, differs significantly from traditional forms of cassation proceedings. On the one hand, cassation proceedings in the economic process are limited to checking compliance with the norms of substantive and procedural law by lower courts. On the other hand, the part powers of the economic court of cassation instance the lawmakers the right to change the decision of the court of first instance, appellate court, or to revoke them and make new decisions that are not characteristic for classic appeal system, but is inherent in the audit procedure of reviewing judicial acts, distinctive for legislative of number of foreign countries and domestic civil procedure. Another guarantee of protection of the rights and legitimate interests of legal entities and citizens is the review of judicial decisions of the Supreme economic court of Ukraine by the Supreme Court of Ukraine in the economic process.
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Pub Date : 1900-01-01DOI: 10.36059/978-966-397-181-0/121-135
D. Manko
{"title":"FEATURES OF LEGAL PROCEDURES OF LEGALIZATION BUSINESS PROCEDURES IN UKRAINE AND CHINA: LEGAL ANALYSIS","authors":"D. Manko","doi":"10.36059/978-966-397-181-0/121-135","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/121-135","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128125898","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/136-153
O. V. Manzhosova
INTRODUCTION The ideology of “human-centrism” enshrined in the current Constitution of Ukraine is a legal phenomenon of the European level, but it does not require declarative but real implementation of modern legal relations and norms of Ukrainian legislation. Against this background, there is a need to rethink individual civil law institutions, in particular one of the types of personal non-property rights of an individual envisaged by the rules of the current Civil Code of Ukraine – right to health and medical care 1 . These rights belong to the group of personal non-property rights that ensure the natural existence of human beings, are inalienable, necessary and should be protected, because human health is the overriding social value of the modern state and the basis for future generations. These rights individualize the persone and promote personal freedom, that is, the ability to freely choose different behaviors within social relationships. That is one of the conditions of active human life. At the general legal level the rights of individuals in the sphere of health care are a set of fundamental, inalienable, natural rights that are individual in nature and enable a person to use the methods prescribed by law to ensure the proper functioning of his body as a whole. In civil law, the idea of personal non-property rights of individuals in the sphere of health are personal civil rights. These rights of origin are natural. Their contents contain the possibility of using certain means for the preservation, development, strengthening and restoration in case of violation of the human body condition, provided that such use does not violate the rights of others 2 . According to current researchers, the right to health care and medical care fall into the category of personal non-property rights of individuals arising in the field of medical relations, and can be defined as the rights of patients.
{"title":"SOME ASPECTS OF SECURING A PERSONAL NON-PROPRIETARY RIGHT TO HEALTH","authors":"O. V. Manzhosova","doi":"10.36059/978-966-397-181-0/136-153","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/136-153","url":null,"abstract":"INTRODUCTION The ideology of “human-centrism” enshrined in the current Constitution of Ukraine is a legal phenomenon of the European level, but it does not require declarative but real implementation of modern legal relations and norms of Ukrainian legislation. Against this background, there is a need to rethink individual civil law institutions, in particular one of the types of personal non-property rights of an individual envisaged by the rules of the current Civil Code of Ukraine – right to health and medical care 1 . These rights belong to the group of personal non-property rights that ensure the natural existence of human beings, are inalienable, necessary and should be protected, because human health is the overriding social value of the modern state and the basis for future generations. These rights individualize the persone and promote personal freedom, that is, the ability to freely choose different behaviors within social relationships. That is one of the conditions of active human life. At the general legal level the rights of individuals in the sphere of health care are a set of fundamental, inalienable, natural rights that are individual in nature and enable a person to use the methods prescribed by law to ensure the proper functioning of his body as a whole. In civil law, the idea of personal non-property rights of individuals in the sphere of health are personal civil rights. These rights of origin are natural. Their contents contain the possibility of using certain means for the preservation, development, strengthening and restoration in case of violation of the human body condition, provided that such use does not violate the rights of others 2 . According to current researchers, the right to health care and medical care fall into the category of personal non-property rights of individuals arising in the field of medical relations, and can be defined as the rights of patients.","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127894771","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/194-216
Ye. M. Popovich, Law.
{"title":"THEORETICAL AND LEGAL FOUNDATIONS OF ROAD SAFETY","authors":"Ye. M. Popovich, Law.","doi":"10.36059/978-966-397-181-0/194-216","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/194-216","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131380594","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/84-103
O. M. Klyuev
{"title":"THE ESSENCE AND GENERAL CHARACTERISTICS OF THE LEGAL POSITION OF THE SUBJECT OF CRIMINAL PROCEDURAL EVIDENCE","authors":"O. M. Klyuev","doi":"10.36059/978-966-397-181-0/84-103","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/84-103","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122511150","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/234-254
I. M. Rachinska, Law.
{"title":"THE OBJECT OF THE CRIMINAL PROCEDURE PROOF","authors":"I. M. Rachinska, Law.","doi":"10.36059/978-966-397-181-0/234-254","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/234-254","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133227617","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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