Pub Date : 2018-01-01DOI: 10.18523/2617-2607.2018.67-72
V. Kostiuk
The article reveals the issues connected with the legal characteristic of the right to social assistance in the present conditions. The peculiarities of the formation of the right to social assistance through the prism of the right to social protection are analized. The key role of social assistance among types of social security is noted. The article emphasizes the need to take into account European social standards in shaping the latest system of social benefits. The emphasis is put on certain types of state and social insurance assistance. The basic tendencies of development of the legislation on social assistance are discussed. It is noted that the right to social assistance is a complex, systematic social right which includes the possibility for a person to receive financial support in the form of a cash in the event of full, partial, or temporary loss of disability, loss of breadwinner, unemployment from circumstances independent of them, as well as in old age and in other cases, in the manner prescribed by law. The main features of the right to social assistance are as follows: complex and systematic social rights; stems from the content of the right to social protection; functions in state and non-state social protection and social insurance system; the object is social assistance and its individual types; entitled persons are mainly socially vulnerable categories of persons who can not independently provide their livelihoods on an adequate level; as a rule, guaranteed when the person is not entitled to a pension; subject mainly to legislative regulation, a special place in which belongs to the law on the State Budget for the relevant year; characterized by the existence of specific mechanisms for implementation, guarantee and legal protection; determined, as a rule, in relation to the subsistence minimum; to be monitored, supervised and controlled. It is obvious that in the current situation, an important social strategy should be further harmonization of the size of the subsistence minimum with a sufficient standard of living, which will ensure the proper level and quality of life of eligible persons, including by agreeing the subsistence minimum for able-bodied and disabled people to a higher level. In the context of the reform of social protection, the reform of social assistance should be carried out through the prism of reforms of the system of state social protection; reforms of the social insurance system; development of non-state social protection; increasing the effectiveness, efficiency and accessibility of the right to social assistance; systematization and codification of legislation on social protection. The main tendencies of legislative provision of the right to social assistance are as follows: organization of systemic economic reforms; organization and implementation of social protection reform, taking into account international and national experience; ensuring the effectiveness, accessibility and effectiveness of imple
{"title":"Право на соціальні допомоги в умовах сьогодення: науково-теоретичний аспект","authors":"V. Kostiuk","doi":"10.18523/2617-2607.2018.67-72","DOIUrl":"https://doi.org/10.18523/2617-2607.2018.67-72","url":null,"abstract":"The article reveals the issues connected with the legal characteristic of the right to social assistance in the present conditions. The peculiarities of the formation of the right to social assistance through the prism of the right to social protection are analized. The key role of social assistance among types of social security is noted. The article emphasizes the need to take into account European social standards in shaping the latest system of social benefits. The emphasis is put on certain types of state and social insurance assistance. The basic tendencies of development of the legislation on social assistance are discussed. It is noted that the right to social assistance is a complex, systematic social right which includes the possibility for a person to receive financial support in the form of a cash in the event of full, partial, or temporary loss of disability, loss of breadwinner, unemployment from circumstances independent of them, as well as in old age and in other cases, in the manner prescribed by law. The main features of the right to social assistance are as follows: complex and systematic social rights; stems from the content of the right to social protection; functions in state and non-state social protection and social insurance system; the object is social assistance and its individual types; entitled persons are mainly socially vulnerable categories of persons who can not independently provide their livelihoods on an adequate level; as a rule, guaranteed when the person is not entitled to a pension; subject mainly to legislative regulation, a special place in which belongs to the law on the State Budget for the relevant year; characterized by the existence of specific mechanisms for implementation, guarantee and legal protection; determined, as a rule, in relation to the subsistence minimum; to be monitored, supervised and controlled. It is obvious that in the current situation, an important social strategy should be further harmonization of the size of the subsistence minimum with a sufficient standard of living, which will ensure the proper level and quality of life of eligible persons, including by agreeing the subsistence minimum for able-bodied and disabled people to a higher level. In the context of the reform of social protection, the reform of social assistance should be carried out through the prism of reforms of the system of state social protection; reforms of the social insurance system; development of non-state social protection; increasing the effectiveness, efficiency and accessibility of the right to social assistance; systematization and codification of legislation on social protection. The main tendencies of legislative provision of the right to social assistance are as follows: organization of systemic economic reforms; organization and implementation of social protection reform, taking into account international and national experience; ensuring the effectiveness, accessibility and effectiveness of imple","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":"2 1","pages":"67-72"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68266816","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 : 2018-01-01DOI: 10.18523/2617-2607.2018.55-61
I. Izarova
The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. Article received 16.04.2018
{"title":"Спільні стандарти цивільного процесу в ЄС: загальна характеристика та перспективи реалізації","authors":"I. Izarova","doi":"10.18523/2617-2607.2018.55-61","DOIUrl":"https://doi.org/10.18523/2617-2607.2018.55-61","url":null,"abstract":"The aim of this article is to study the notion of “common minimum standards of the civil procedure” proposed by the European Parliament in Resolution of July 4, 2017 (2015/2084 (INL)) with recommendations to the Commission on common minimum standards of the civil procedure in the European Union. It allows a further development and convergence of the civil procedure in the EU and the world – in the light of the Project on European rules of the civil procedure of ELI-Unidroit, ALI-Unidroit Transnational Principles of Civil Procedure, and M. Storm’s Final Report “Approximation of Judiciary Law in the EU”. Trends in the convergence of the civil procedure and overcoming the differences existing in the national legislation of Member States are significant not only for the EU. The reform of the judiciary and civil procedure in Ukraine is aimed at increasing the level of protection of the rights and freedoms and the implementation of the European and worldwide standards of civil justice. The resolution adopted by European Parliament refers to common minimum standards for the civil procedure, and this is the first time when the term was proposed at the level of the EU law, although the approximation of the civil procedural law has been considered for quite a long time. Therefore, the article proposes approaches to the definition of these standards. The main task of the implementation of the common minimum standards of the civil procedure is to ensure the rights of the citizens by establishing minimum standards for the opening, preparation, and resolution of civil cases in the courts of the Member States, which will provide a really new stage in the harmonization of this branch of law and reflect the general desire of the community to define common approaches to the basic provisions of the civil procedure. Accordingly, the article focused on the study of the proposed common minimum standards of the civil procedure by comparing it with the Civil Procedure Code of Ukraine of 2017. Among them are the standards of providing funds, procedures, and measures for effective judicial protection, requirements for hearings, the use of temporary and other security measures, the efficiency of the procedure, the motivation of decisions, general principles of the case management, the order of providing evidence, involvement of experts, legal aid, as well as requirements to prevent abuse of funding by which a person goes to court. Also the approximation of the provisions on the procedure for the services of documents, the provision of the right to have a lawyer in a civil procedure, access to information, interpretation and translation of the documents, determination of the responsibilities of parties and their representatives, requirements for a public trial, ensuring independence, and impartiality of the judges. Article received 16.04.2018","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":"1 1","pages":"55-61"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68266653","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 : 2018-01-01DOI: 10.18523/2617-2607.2018.3-8
Mykola Koziubra
У статті проаналізовано еволюцію підходів до взаємозв’язків правознавства, науки і методології. У зв’язку з цим простежено етапи розвитку поглядів на науку та її моделі (типи) – класичну, некласичну та посткласичну (постмодерну) – і відповідні їм типи раціональності. Виділено найістотніші методологічні ознаки і новації постнекласичної науки, серед яких особливу увагу звернено на процес «олюднення» науки, посилення її зв’язків з цінностями. Спеціальне місце відведено трансформації критеріїв науковості в постнекласичній моделі науки.
{"title":"Правознавство, наука, методологія: еволюція підходів до їхніх взаємозв’язків","authors":"Mykola Koziubra","doi":"10.18523/2617-2607.2018.3-8","DOIUrl":"https://doi.org/10.18523/2617-2607.2018.3-8","url":null,"abstract":"У статті проаналізовано еволюцію підходів до взаємозв’язків правознавства, науки і методології. У зв’язку з цим простежено етапи розвитку поглядів на науку та її моделі (типи) – класичну, некласичну та посткласичну (постмодерну) – і відповідні їм типи раціональності. Виділено найістотніші методологічні ознаки і новації постнекласичної науки, серед яких особливу увагу звернено на процес «олюднення» науки, посилення її зв’язків з цінностями. Спеціальне місце відведено трансформації критеріїв науковості в постнекласичній моделі науки.","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":"1 1","pages":"3-8"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68266293","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 : 2018-01-01DOI: 10.18523/2617-2607.2018.50-54
Roksolana Khanyk-Pospolitak
The article addresses the representation in the court, which is one of the main institutions of the Civil Procedural Law. The article analyzes the norms of the Civil Procedural Code of Ukraine in the wording of 2017 of procedural representation. The genesis of this institute in the Civil Process of Ukraine, starting with the Civil Code of the USSR of 1963, is briefly reviewed. The provisions of procedural representation in different types of proceedings are compared, in particular with economic and administrative ones. On the basis of this it is noted that there was a unification of the rules of representation, which is positive in terms of the practice of applying these provisions of the law. Also the author indicates the terminology and definitions used in this institute as applied in literature and legislation; analyzes the provisions of the Code regarding the types of procedural representation and accordingly indicates that the legislation introduced, along the traditional types of representation (legal and voluntary), another type of representation – self-representation. The article focuses on the possibility of applying procedural representation in different types of proceedings – the ordering proceedings, litigation (claim) and separate proceedings, and certain categories of cases. It is noted that at present, the legislator does not foresee any restrictions of the application of the institution of representation in any categories of cases, as it was in the CPC of Ukraine of 2004. Concerning the same types of proceedings, it is concluded that the institution of representation is applicable to cases of ordered and claim (general and simplified) proceedings. But in the cases of separate proceedings, this institution cannot be applied at this time. Article received 10.04.2018
{"title":"Представництво в цивільному процесі за новим Цивільним процесуальним кодексом України","authors":"Roksolana Khanyk-Pospolitak","doi":"10.18523/2617-2607.2018.50-54","DOIUrl":"https://doi.org/10.18523/2617-2607.2018.50-54","url":null,"abstract":"The article addresses the representation in the court, which is one of the main institutions of the Civil Procedural Law. The article analyzes the norms of the Civil Procedural Code of Ukraine in the wording of 2017 of procedural representation. The genesis of this institute in the Civil Process of Ukraine, starting with the Civil Code of the USSR of 1963, is briefly reviewed. The provisions of procedural representation in different types of proceedings are compared, in particular with economic and administrative ones. On the basis of this it is noted that there was a unification of the rules of representation, which is positive in terms of the practice of applying these provisions of the law. Also the author indicates the terminology and definitions used in this institute as applied in literature and legislation; analyzes the provisions of the Code regarding the types of procedural representation and accordingly indicates that the legislation introduced, along the traditional types of representation (legal and voluntary), another type of representation – self-representation. The article focuses on the possibility of applying procedural representation in different types of proceedings – the ordering proceedings, litigation (claim) and separate proceedings, and certain categories of cases. It is noted that at present, the legislator does not foresee any restrictions of the application of the institution of representation in any categories of cases, as it was in the CPC of Ukraine of 2004. Concerning the same types of proceedings, it is concluded that the institution of representation is applicable to cases of ordered and claim (general and simplified) proceedings. But in the cases of separate proceedings, this institution cannot be applied at this time. Article received 10.04.2018","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":"1 1","pages":"50-54"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68266493","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 : 2018-01-01DOI: 10.18523/2617-2607.2018.73-78
Петро Мозолевський
{"title":"Нормативно-правове забезпечення заохочень працівників органів місцевого самоврядування: сутність, проблеми та перспективи","authors":"Петро Мозолевський","doi":"10.18523/2617-2607.2018.73-78","DOIUrl":"https://doi.org/10.18523/2617-2607.2018.73-78","url":null,"abstract":"","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68267042","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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