Pub Date : 2022-12-21DOI: 10.32518/2617-4162-2022-5-4-46-55
A. Voіtenko
The research subject is relevant to legal professionals, as Ukrainian society is increasingly emphasising the factors that determine the professionalism of all participants in legal practice, including judicial proceedings. Particular attention is devoted to non-standard approaches, one of which is proposed in the research. The purpose of the study is to examine the professional activity of the prosecutor in the biological, psychological and social context; based on this, to identify and describe the factors of internal and external influence on it. The key research methods include observation and monitoring of prosecutorial activity. The research presents a triune (biopsychosocial) foundation of human essence, in which philosophy is a methodology for structuring the three main sciences of human behaviour. The specific features of this behaviour are identified depending on the elements of the subject matter (for example, instincts in biology, conscious and subconscious in psychology, adaptation to the team in sociology), and the holistic subject of study is a person. Based on various descriptions of “professional formulas” and “profesiograms”, the research schematically presents a model of the prosecutor’s professional activity, considering the subject of work – a person and sign systems; working conditions with increased moral responsibility; functional and automated working conditions, and the gnostic and transformational purpose of work. Without diminishing the importance and influence of each of the factors of professional activity, the dominance of social factors is determined. This dominance is explained by the rapid rise of the role of information and information technology, increased concern for human life and the preservation of the gene pool, non-standard working conditions, crises and pandemic challenges, military conditions, and other related issues. After all, all of this has a specific impact on professional activities in various fields, including the protection of human rights and freedoms, where the prosecutor’s office occupies an important niche. The research reflects the author’s position and innovative approach considering the importance of the research area, disclosure of the grounds and factors of developing the prosecutor’s worldview and determining their professional orientation in the modern world. The practical value of the study is that it identifies the factors that influence the professional activity of prosecutors, knowledge of which will allow learning how to neutralise those that have an adverse impact and enhance the effect of positive ones.
{"title":"Biopsychosocial factors of the prosecutor’s professional activity","authors":"A. Voіtenko","doi":"10.32518/2617-4162-2022-5-4-46-55","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-46-55","url":null,"abstract":"The research subject is relevant to legal professionals, as Ukrainian society is increasingly emphasising the factors that determine the professionalism of all participants in legal practice, including judicial proceedings. Particular attention is devoted to non-standard approaches, one of which is proposed in the research. The purpose of the study is to examine the professional activity of the prosecutor in the biological, psychological and social context; based on this, to identify and describe the factors of internal and external influence on it. The key research methods include observation and monitoring of prosecutorial activity. The research presents a triune (biopsychosocial) foundation of human essence, in which philosophy is a methodology for structuring the three main sciences of human behaviour. The specific features of this behaviour are identified depending on the elements of the subject matter (for example, instincts in biology, conscious and subconscious in psychology, adaptation to the team in sociology), and the holistic subject of study is a person. Based on various descriptions of “professional formulas” and “profesiograms”, the research schematically presents a model of the prosecutor’s professional activity, considering the subject of work – a person and sign systems; working conditions with increased moral responsibility; functional and automated working conditions, and the gnostic and transformational purpose of work. Without diminishing the importance and influence of each of the factors of professional activity, the dominance of social factors is determined. This dominance is explained by the rapid rise of the role of information and information technology, increased concern for human life and the preservation of the gene pool, non-standard working conditions, crises and pandemic challenges, military conditions, and other related issues. After all, all of this has a specific impact on professional activities in various fields, including the protection of human rights and freedoms, where the prosecutor’s office occupies an important niche. The research reflects the author’s position and innovative approach considering the importance of the research area, disclosure of the grounds and factors of developing the prosecutor’s worldview and determining their professional orientation in the modern world. The practical value of the study is that it identifies the factors that influence the professional activity of prosecutors, knowledge of which will allow learning how to neutralise those that have an adverse impact and enhance the effect of positive ones.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"29 14","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133170551","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 : 2022-12-16DOI: 10.32518/2617-4162-2022-5-4-70-78
I. Vysotska, G. Myskiv, N. Chapliak
Military aggression has caused many adverse consequences in various spheres of Ukrainian society, including significant losses in the economy. In such circumstances, it is relevant to calculate financial losses to determine the necessary amount of aid and investment for post-war economic recovery. The purpose of the research is to assess the impact of the war on the dynamics of key economic indicators and to calculate the financial losses of the state. To achieve this purpose, the research makes a forecast assessment of macroeconomic indicators. To determine the level of GDP decline, the forecasts of the International Monetary Fund, the World Bank, and the Ukrainian government were considered. The assessment of the expected level of decline is based on the regional structure of GDP production. The losses were estimated as the difference between the “pre-war” level of the indicator and the projected values of the indicators obtained after considering the impact of the war. It is established that military aggression is the reason for the reduction in the volume of GDP produced, which in the future will significantly reduce tax revenues, consolidated budget revenues, and the number of financial resources redistributed by the state. The author notes that among the consequences of war are direct losses (those that can be estimated in monetary terms) and indirect losses (lost opportunities that cannot be expressed in monetary terms). The author outlines the consequences of the war in the future. It is determined that the cause of long-term adverse effects is an increase in the level of public debt, depreciation of the national currency, reduction of gold and foreign exchange reserves, and outflow of foreign direct investment. The results of the study are intended to be used by public authorities, financial policymakers, academics, and potential investors. In addition, they can serve as a foundation for determining the number of reparations that Ukraine will claim after the war is over.
{"title":"Estimating Ukraine’s financial losses from the war","authors":"I. Vysotska, G. Myskiv, N. Chapliak","doi":"10.32518/2617-4162-2022-5-4-70-78","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-70-78","url":null,"abstract":"Military aggression has caused many adverse consequences in various spheres of Ukrainian society, including significant losses in the economy. In such circumstances, it is relevant to calculate financial losses to determine the necessary amount of aid and investment for post-war economic recovery. The purpose of the research is to assess the impact of the war on the dynamics of key economic indicators and to calculate the financial losses of the state. To achieve this purpose, the research makes a forecast assessment of macroeconomic indicators. To determine the level of GDP decline, the forecasts of the International Monetary Fund, the World Bank, and the Ukrainian government were considered. The assessment of the expected level of decline is based on the regional structure of GDP production. The losses were estimated as the difference between the “pre-war” level of the indicator and the projected values of the indicators obtained after considering the impact of the war. It is established that military aggression is the reason for the reduction in the volume of GDP produced, which in the future will significantly reduce tax revenues, consolidated budget revenues, and the number of financial resources redistributed by the state. The author notes that among the consequences of war are direct losses (those that can be estimated in monetary terms) and indirect losses (lost opportunities that cannot be expressed in monetary terms). The author outlines the consequences of the war in the future. It is determined that the cause of long-term adverse effects is an increase in the level of public debt, depreciation of the national currency, reduction of gold and foreign exchange reserves, and outflow of foreign direct investment. The results of the study are intended to be used by public authorities, financial policymakers, academics, and potential investors. In addition, they can serve as a foundation for determining the number of reparations that Ukraine will claim after the war is over.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128610126","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 : 2022-12-15DOI: 10.32518/2617-4162-2022-5-4-56-63
Y. Tsurkan-Saifulina
The relevance of the study is determined by the stage of active changes in the modern world in the context of the global coronavirus pandemic in recent years, and for Ukrainian society, the introduction of martial law due to the aggression of a neighbouring country, as a result of which Ukrainians experience a sense of danger and an uncertain future, financial instability in difficult-to-control life circumstances that affect personal development. Therefore, the purpose of this research work is to determine and identify the psychological ability of a person to use personal resources to overcome difficulties in conditions of danger, to adapt, and to develop positive attitudes and skills during stressful and crises. The theoretical and methodological foundation of the study is conditioned upon the generalisation of many years of experience in exploring human psychological states, namely, the frustration of the individual in conditions of danger and the possibilities of adaptation to current living conditions. An important tool for exploring the subject was a survey conducted among internally displaced persons and people who did not leave their homes during the war. The research presents results that reflect partial apperception due to the isolation of people in previous years due to the pandemic and, as a result, the successful constructive experience of overcoming the new crisis, the individual’s adaptability and desire to overcome circumstances and generating conscious behaviour in times of danger. The results obtained can be used in further scientific research on the issue of a person’s psychological ability to perceive the world in conditions of danger, and for practical purposes.
{"title":"The psychological ability to perceive the world in conditions of danger","authors":"Y. Tsurkan-Saifulina","doi":"10.32518/2617-4162-2022-5-4-56-63","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-56-63","url":null,"abstract":"The relevance of the study is determined by the stage of active changes in the modern world in the context of the global coronavirus pandemic in recent years, and for Ukrainian society, the introduction of martial law due to the aggression of a neighbouring country, as a result of which Ukrainians experience a sense of danger and an uncertain future, financial instability in difficult-to-control life circumstances that affect personal development. Therefore, the purpose of this research work is to determine and identify the psychological ability of a person to use personal resources to overcome difficulties in conditions of danger, to adapt, and to develop positive attitudes and skills during stressful and crises. The theoretical and methodological foundation of the study is conditioned upon the generalisation of many years of experience in exploring human psychological states, namely, the frustration of the individual in conditions of danger and the possibilities of adaptation to current living conditions. An important tool for exploring the subject was a survey conducted among internally displaced persons and people who did not leave their homes during the war. The research presents results that reflect partial apperception due to the isolation of people in previous years due to the pandemic and, as a result, the successful constructive experience of overcoming the new crisis, the individual’s adaptability and desire to overcome circumstances and generating conscious behaviour in times of danger. The results obtained can be used in further scientific research on the issue of a person’s psychological ability to perceive the world in conditions of danger, and for practical purposes.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"os-16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130695851","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 : 2022-12-15DOI: 10.32518/2617-4162-2022-5-4-26-32
O. Barabash, O. Balynska
The relevance of the research is explained by the fact that inclusive education in Ukraine requires improvement of the regulatory framework to regulate both the physical presence of a child with special needs at school and changes in the school itself, school infrastructure, and the relationship between students and teachers and between teachers and medical professionals: psychologists, psychiatrists, defectologists, etc. The purpose of the research is to explore the current state of legal regulation of inclusive education and prospects for its further development in Ukraine. One of the main methodological techniques of the study is a comparative approach. The comparative legal approach analyses the legislation of different countries of the world that regulates inclusive education. The author identifies the correlation between the provisions of international law and Ukrainian legislation on the implementation of the international principles of inclusive education enshrined in international legal instruments into the legal system of Ukraine, including the education system. The practice and shortcomings of regulatory and legal regulation of inclusion at the state level are explored. The author analyses the content of the concept of “special learning conditions”. Particular attention is devoted to the development of inclusive vocational education and training in different countries. The specific features of inclusive education in Ukraine and the world are identified. It is noted that inclusive education is based on the value idea “all children are equal”. It is emphasised that in Ukraine, inclusive education can be assessed as an advanced system of education for children with special educational needs, based on the joint education of healthy children and children with disabilities. The practical significance of the study is that the conclusions and proposals presented in the research will contribute to improving the mechanism for protecting the rights of children with special needs as one of the most vulnerable categories of the population. The generalisation of the results of the work is designed to improve the legislation of Ukraine in the field of inclusive education and to implement foreign provisions and standards for the protection of the rights of children with special needs in Ukrainian educational practice.
{"title":"Regulatory and legal support of inclusive education: Ukrainian trends and international practice","authors":"O. Barabash, O. Balynska","doi":"10.32518/2617-4162-2022-5-4-26-32","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-26-32","url":null,"abstract":"The relevance of the research is explained by the fact that inclusive education in Ukraine requires improvement of the regulatory framework to regulate both the physical presence of a child with special needs at school and changes in the school itself, school infrastructure, and the relationship between students and teachers and between teachers and medical professionals: psychologists, psychiatrists, defectologists, etc. The purpose of the research is to explore the current state of legal regulation of inclusive education and prospects for its further development in Ukraine. One of the main methodological techniques of the study is a comparative approach. The comparative legal approach analyses the legislation of different countries of the world that regulates inclusive education. The author identifies the correlation between the provisions of international law and Ukrainian legislation on the implementation of the international principles of inclusive education enshrined in international legal instruments into the legal system of Ukraine, including the education system. The practice and shortcomings of regulatory and legal regulation of inclusion at the state level are explored. The author analyses the content of the concept of “special learning conditions”. Particular attention is devoted to the development of inclusive vocational education and training in different countries. The specific features of inclusive education in Ukraine and the world are identified. It is noted that inclusive education is based on the value idea “all children are equal”. It is emphasised that in Ukraine, inclusive education can be assessed as an advanced system of education for children with special educational needs, based on the joint education of healthy children and children with disabilities. The practical significance of the study is that the conclusions and proposals presented in the research will contribute to improving the mechanism for protecting the rights of children with special needs as one of the most vulnerable categories of the population. The generalisation of the results of the work is designed to improve the legislation of Ukraine in the field of inclusive education and to implement foreign provisions and standards for the protection of the rights of children with special needs in Ukrainian educational practice.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123807749","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 : 2022-12-13DOI: 10.32518/2617-4162-2022-5-4-64-69
V. Levchenko, A. Podolyaka, S. Zelensky
The relevance of the study is conditioned upon the necessity of wider implementation of sentences alternative to imprisonment. It is largely connected to the international commitments that Ukraine has made in the process of European integration. The purpose of the study is to determine the economic and psychological conditions for the functioning of the legal institution of probation. The research uses dialectical, comparative legal, systemic, Aristotelian, structural and functional methods. The research defines the concept of probation as a system of supervisory and social and educational measures for convicts who have been sentenced to a non-custodial criminal sentence. The author presents the stages of implementation of the probation institute in Ukraine and explains the essence of probation, its types and functions. The author identifies the socio-psychological advantages of such an institution and substantiates the economic feasibility of probation supervision as compared to other punishments. It is established that the introduction of this institution provides several benefits for the State, society and the offender. The author outlines the benefits for the state in terms of reducing the number of prisoners; reducing the crime rate; compliance with international standards; and economic benefits. The benefits to society are identified, which include the fair administration of justice and the protection of the community from recidivism. In addition, attention is devoted to the benefits for the offender, namely, the opportunity to change without being imprisoned, preservation of human relations, housing and work. It is substantiated that in the current circumstances, the introduction of probation supervision is a necessity conditioned upon economic expediency and the possibility of administering justice more humanely. The results of the research can be used for implementation in the area of regulation, and for writing monographs, scientific researches, dissertations, drafting abstracts, and preparing reports at scientific conferences.
{"title":"Economic and psychological aspect of legal support of probation","authors":"V. Levchenko, A. Podolyaka, S. Zelensky","doi":"10.32518/2617-4162-2022-5-4-64-69","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-64-69","url":null,"abstract":"The relevance of the study is conditioned upon the necessity of wider implementation of sentences alternative to imprisonment. It is largely connected to the international commitments that Ukraine has made in the process of European integration. The purpose of the study is to determine the economic and psychological conditions for the functioning of the legal institution of probation. The research uses dialectical, comparative legal, systemic, Aristotelian, structural and functional methods. The research defines the concept of probation as a system of supervisory and social and educational measures for convicts who have been sentenced to a non-custodial criminal sentence. The author presents the stages of implementation of the probation institute in Ukraine and explains the essence of probation, its types and functions. The author identifies the socio-psychological advantages of such an institution and substantiates the economic feasibility of probation supervision as compared to other punishments. It is established that the introduction of this institution provides several benefits for the State, society and the offender. The author outlines the benefits for the state in terms of reducing the number of prisoners; reducing the crime rate; compliance with international standards; and economic benefits. The benefits to society are identified, which include the fair administration of justice and the protection of the community from recidivism. In addition, attention is devoted to the benefits for the offender, namely, the opportunity to change without being imprisoned, preservation of human relations, housing and work. It is substantiated that in the current circumstances, the introduction of probation supervision is a necessity conditioned upon economic expediency and the possibility of administering justice more humanely. The results of the research can be used for implementation in the area of regulation, and for writing monographs, scientific researches, dissertations, drafting abstracts, and preparing reports at scientific conferences.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115481267","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 : 2022-12-07DOI: 10.32518/2617-4162-2022-5-4-9-17
R. Vandzhurak
Ukraine’s course toward European integration requires harmonisation of Ukrainian legislation with European law, which has its origins in the cultural and traditional foundations of the ancient era. Therefore, the research on the influence of the ancient Greek philosophy of law on the development of Ukrainian jurisprudence becomes relevant, and in the course of this, the problem of the clash of traditions of different legal families and areas of development of legal innovations arises. The purpose of this study – to identify the factor of the dialectic of traditions and innovations in Ukrainian jurisprudence as one of the driving factors of its development. The author uses the methods of axiological analysis, comparative legal method and the method of analogy to substantiate the results obtained and develop conclusions. As a result of the research, it was established that no matter how modified the forms of key legal values, doctrines and institutions are, they are always based on the fundamental ideas based on the intellectual traditions and philosophical and legal ideas of the thinkers of Ancient Greece. It is evidenced by the universalist approach they initiated, on which all European science (including legal science) is based, and modern anthropological concepts of law understanding in general and the justification of fundamental human rights, in particular, are based on principles genetically rooted in the teachings of Protagoras, Socrates and Aristotle. Therewith, it was established that the latest achievements in the organisation of democratic governance are focused on the implementation of the ancient Greek idea of democracy. The author demonstrates that in the dialectical process of development of any legal system, there is always an interaction of some established (traditional) components and various new developments conditioned upon the specifics of such development at each stage, and concludes that the time-influenced changeability of legal values, doctrines and institutions goes back to the intellectual tradition and philosophical and legal ideas of the thinkers of the Ancient period. The practical significance of this research is that the materials of the study can be used: in lawmaking – for the preparation and substantiation of draft laws on the further development of the legal system of Ukraine; in the educational process and research work – in teaching relevant disciplines.
{"title":"Traditions and innovations in Ukrainian jurisprudence: Ancient Greek roots","authors":"R. Vandzhurak","doi":"10.32518/2617-4162-2022-5-4-9-17","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-9-17","url":null,"abstract":"Ukraine’s course toward European integration requires harmonisation of Ukrainian legislation with European law, which has its origins in the cultural and traditional foundations of the ancient era. Therefore, the research on the influence of the ancient Greek philosophy of law on the development of Ukrainian jurisprudence becomes relevant, and in the course of this, the problem of the clash of traditions of different legal families and areas of development of legal innovations arises. The purpose of this study – to identify the factor of the dialectic of traditions and innovations in Ukrainian jurisprudence as one of the driving factors of its development. The author uses the methods of axiological analysis, comparative legal method and the method of analogy to substantiate the results obtained and develop conclusions. As a result of the research, it was established that no matter how modified the forms of key legal values, doctrines and institutions are, they are always based on the fundamental ideas based on the intellectual traditions and philosophical and legal ideas of the thinkers of Ancient Greece. It is evidenced by the universalist approach they initiated, on which all European science (including legal science) is based, and modern anthropological concepts of law understanding in general and the justification of fundamental human rights, in particular, are based on principles genetically rooted in the teachings of Protagoras, Socrates and Aristotle. Therewith, it was established that the latest achievements in the organisation of democratic governance are focused on the implementation of the ancient Greek idea of democracy. The author demonstrates that in the dialectical process of development of any legal system, there is always an interaction of some established (traditional) components and various new developments conditioned upon the specifics of such development at each stage, and concludes that the time-influenced changeability of legal values, doctrines and institutions goes back to the intellectual tradition and philosophical and legal ideas of the thinkers of the Ancient period. The practical significance of this research is that the materials of the study can be used: in lawmaking – for the preparation and substantiation of draft laws on the further development of the legal system of Ukraine; in the educational process and research work – in teaching relevant disciplines.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"417 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124184520","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 : 2022-12-06DOI: 10.32518/2617-4162-2022-5-4-39-45
L. Spytska
The relevance of the research is to identify ineffective methods of administration of justice in the world judicial practice to ensure the effectiveness of the judicial system in Ukraine. The purpose of the research is to identify and analyse the most unusual court cases in different countries from the Middle Ages to the present day to determine the level of public access to justice as a guarantee of the protection of human rights and ensure the rule of law and equality of all before the law and the court. The methods used to explore the subject include: the dialectical method, formalisation method, cognitive method, Aristotelian method, hermeneutical method, logical and legal method, systemic method, structural and functional method, axiomatic method, methods of induction and deduction, methods of analysis and synthesis. The research establishes how accessible justice and law were to people in different eras. The specific features of court proceedings in the Middle Ages are determined. The most unusual cases that have become known in many countries of the world, including the “Stella Case” and the “Cuckoo Case”, are examined; the essence of the “Stella Award” phenomenon is covered; some curious cases in Ukraine and other countries of the world are explored. The author analyses several court cases of ancient times and cases that have been considered in modern court practice. The most unusual curious court cases where the accused were not at all human, and animals and objects are explored and described. The author examines unusual court cases in Ukraine. The provisions enshrined in this work are of practical value primarily for judicial officers and persons seeking judicial protection.
{"title":"Analysis of the most unusual court decisions in the world practice in terms of the right to justice","authors":"L. Spytska","doi":"10.32518/2617-4162-2022-5-4-39-45","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-39-45","url":null,"abstract":"The relevance of the research is to identify ineffective methods of administration of justice in the world judicial practice to ensure the effectiveness of the judicial system in Ukraine. The purpose of the research is to identify and analyse the most unusual court cases in different countries from the Middle Ages to the present day to determine the level of public access to justice as a guarantee of the protection of human rights and ensure the rule of law and equality of all before the law and the court. The methods used to explore the subject include: the dialectical method, formalisation method, cognitive method, Aristotelian method, hermeneutical method, logical and legal method, systemic method, structural and functional method, axiomatic method, methods of induction and deduction, methods of analysis and synthesis. The research establishes how accessible justice and law were to people in different eras. The specific features of court proceedings in the Middle Ages are determined. The most unusual cases that have become known in many countries of the world, including the “Stella Case” and the “Cuckoo Case”, are examined; the essence of the “Stella Award” phenomenon is covered; some curious cases in Ukraine and other countries of the world are explored. The author analyses several court cases of ancient times and cases that have been considered in modern court practice. The most unusual curious court cases where the accused were not at all human, and animals and objects are explored and described. The author examines unusual court cases in Ukraine. The provisions enshrined in this work are of practical value primarily for judicial officers and persons seeking judicial protection.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132617952","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 : 2022-10-13DOI: 10.32518/2617-4162-2022-5-4-18-25
O. Оnyshko
The topic of protecting certain types of labour rights of citizens in decisions of the European Court of Human Rights is relevant in connection with numerous cases of discrimination of employees by employers, which determines the need to resist offenses in the field of labour. The purpose of the study is to clarify the content and essence of labour rights in general and determine the place and role of certain types of rights that are subject to protection. The theoretical and methodological basis of the study is the formal legal method, which allowed analysing the current decisions of the European Court of Human Rights. The use of analysis and synthesis methods allowed comparing the main norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and the mechanisms used to protect certain types of labour rights. Using the structural and functional method, the main types of labour rights protected by the Convention are determined. The use of formal and logical facilitated the study of the achievements of researchers in the field of human rights protection. It is noted that among the list of articles of the Convention there are no norms that directly provide for the protection of the labour rights of citizens, but there are a large number of violations resulting from the implementation of labour relations. Such violations are related to the protection of the rights defined by the Convention, namely: discrimination on many grounds, violation of the right to freedom of speech, the right to privacy, a fair trial, and other rights. Most of them relate to defining the boundaries of privacy in the performance of labour duties; how the employer takes into account the employee’s initiative; compliance with the norms of the employment contract, and administrative policy of the enterprise. The main types of labour rights protected by the Convention on Human Rights and Fundamental Freedoms are highlighted. Theoretical developments, conclusions, and proposals can be used for further scientific research on problematic issues in the field of protection of certain types of labour rights in decisions of the European Court of Human Rights.
{"title":"Protection of certain types of labour rights in decisions of the European Court of Human Rights","authors":"O. Оnyshko","doi":"10.32518/2617-4162-2022-5-4-18-25","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-4-18-25","url":null,"abstract":"The topic of protecting certain types of labour rights of citizens in decisions of the European Court of Human Rights is relevant in connection with numerous cases of discrimination of employees by employers, which determines the need to resist offenses in the field of labour. The purpose of the study is to clarify the content and essence of labour rights in general and determine the place and role of certain types of rights that are subject to protection. The theoretical and methodological basis of the study is the formal legal method, which allowed analysing the current decisions of the European Court of Human Rights. The use of analysis and synthesis methods allowed comparing the main norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and the mechanisms used to protect certain types of labour rights. Using the structural and functional method, the main types of labour rights protected by the Convention are determined. The use of formal and logical facilitated the study of the achievements of researchers in the field of human rights protection. It is noted that among the list of articles of the Convention there are no norms that directly provide for the protection of the labour rights of citizens, but there are a large number of violations resulting from the implementation of labour relations. Such violations are related to the protection of the rights defined by the Convention, namely: discrimination on many grounds, violation of the right to freedom of speech, the right to privacy, a fair trial, and other rights. Most of them relate to defining the boundaries of privacy in the performance of labour duties; how the employer takes into account the employee’s initiative; compliance with the norms of the employment contract, and administrative policy of the enterprise. The main types of labour rights protected by the Convention on Human Rights and Fundamental Freedoms are highlighted. Theoretical developments, conclusions, and proposals can be used for further scientific research on problematic issues in the field of protection of certain types of labour rights in decisions of the European Court of Human Rights.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124528469","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 : 2022-08-23DOI: 10.32518/2617-4162-2022-5-3-66-75
N. Prakhovnik, N. Kachynska, Olena Zemlyanska, O. Ilchuk, A. Kovtun, Arkadii Husiev
The relevance of the study is conditioned by the peculiarities of martial law and its impact on the implementation of the rights of individuals and legal entities. The issue of giving each person the opportunity to use their powers to protect their benefits, which is guaranteed by the state, in the conditions of martial law, has become of great importance. The paper is aimed at defining and disclosing the concept of “protection of civil rights” and the possibility of its implementation under martial law. The leading methods of research are dialectical and systematic, which allow considering the legal nature of the category “protection”. A systematic approach helped determine the most effective legal ways to protect rights under martial law. The study defines the concept of “protection of civil rights under martial law”, reveals the specifics of the implementation of the right to protect one's rights, considering the peculiarities and restrictions of wartime, examines the most effective ways to protect civil rights and the possibility of their application under martial law, describes the jurisdictional and non-jurisdictional forms of civil rights protection. The theoretical value of the study is to define the concept of “the right to protection of civil rights”, considering the specifics and restrictions caused by martial law, which can become the basis for further scientific research of related issues. The practical value of the study is the disclosure of the specifics of the implementation of the right to protection in the territories where military operations are conducted, and to determine effective forms and methods of protecting civil rights under martial law.
{"title":"Implementation of the Right to Protection of Civil Rights under Martial Law","authors":"N. Prakhovnik, N. Kachynska, Olena Zemlyanska, O. Ilchuk, A. Kovtun, Arkadii Husiev","doi":"10.32518/2617-4162-2022-5-3-66-75","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-66-75","url":null,"abstract":"The relevance of the study is conditioned by the peculiarities of martial law and its impact on the implementation of the rights of individuals and legal entities. The issue of giving each person the opportunity to use their powers to protect their benefits, which is guaranteed by the state, in the conditions of martial law, has become of great importance. The paper is aimed at defining and disclosing the concept of “protection of civil rights” and the possibility of its implementation under martial law. The leading methods of research are dialectical and systematic, which allow considering the legal nature of the category “protection”. A systematic approach helped determine the most effective legal ways to protect rights under martial law. The study defines the concept of “protection of civil rights under martial law”, reveals the specifics of the implementation of the right to protect one's rights, considering the peculiarities and restrictions of wartime, examines the most effective ways to protect civil rights and the possibility of their application under martial law, describes the jurisdictional and non-jurisdictional forms of civil rights protection. The theoretical value of the study is to define the concept of “the right to protection of civil rights”, considering the specifics and restrictions caused by martial law, which can become the basis for further scientific research of related issues. The practical value of the study is the disclosure of the specifics of the implementation of the right to protection in the territories where military operations are conducted, and to determine effective forms and methods of protecting civil rights under martial law.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128525284","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 : 2022-08-21DOI: 10.32518/2617-4162-2022-5-3-52-59
V. Teremetskyi, Olga Avramova
This paper is devoted to the problem of housing discrimination. The relevance of the study is conditioned, on the one hand, by the presence of facts indicating the existence of discriminatory phenomena in the housing sector, and on the other – by the lack of modern research on this issue. In addition, researchers have not yet established a stable terminology on discrimination issues and have not revealed the characteristic features of housing discrimination as a civil category. The solution of these problems is important both for further theoretical and legal developments in this area, and for bringing national legislation in line with international standards as soon as possible. The purpose of the study is to define the essence and features of housing discrimination as a civil category, identify its facts and grounds. The research material includes statistical data on the number and situation of vulnerable persons in the housing sector in Ukraine, facts of discrimination in Ukrainian society; scientific publications on housing rights and housing discrimination; report of the Commissioner for Human Rights in Ukraine for 2020; national legislation; statistics of internally displaced persons in 2022, etc. The materials and objectives of the study determined the choice of research methods. The primary method is axiological, which allows substantiating the value of housing for a person. Methods of analysis and synthesis helped identify general approaches to the concept of discrimination, characterise its grounds, and formulate a definition of housing discrimination. It is established that housing discrimination is a restriction of the right to housing, as a result of which a person does not have the opportunity to purchase housing and live in it. It was found out that most often a vulnerable group of people (internally displaced persons, families with children, homosexual couples, etc.) face housing discrimination. It is noted that national legislation does not distinguish housing discrimination as an independent legal category. The paper describes the content and features of housing discrimination in Ukraine. The characteristics (gender, nationality, citizenship, age, sexual orientation, family residence without marriage registration, the presence of children and animals, internal displacement) that cause housing discrimination and inability to exercise the proper right to housing are established. It is proved that discrimination can manifest itself in refusal to conclude or extend a lease/rental agreement, unjustified rent increases, etc. The paper can be used for further scientific study by young researchers dealing with the problems of improving housing legislation.
{"title":"Discrimination of Housing Rights of Certain Categories of Persons in Ukraine","authors":"V. Teremetskyi, Olga Avramova","doi":"10.32518/2617-4162-2022-5-3-52-59","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-52-59","url":null,"abstract":"This paper is devoted to the problem of housing discrimination. The relevance of the study is conditioned, on the one hand, by the presence of facts indicating the existence of discriminatory phenomena in the housing sector, and on the other – by the lack of modern research on this issue. In addition, researchers have not yet established a stable terminology on discrimination issues and have not revealed the characteristic features of housing discrimination as a civil category. The solution of these problems is important both for further theoretical and legal developments in this area, and for bringing national legislation in line with international standards as soon as possible. The purpose of the study is to define the essence and features of housing discrimination as a civil category, identify its facts and grounds. The research material includes statistical data on the number and situation of vulnerable persons in the housing sector in Ukraine, facts of discrimination in Ukrainian society; scientific publications on housing rights and housing discrimination; report of the Commissioner for Human Rights in Ukraine for 2020; national legislation; statistics of internally displaced persons in 2022, etc. The materials and objectives of the study determined the choice of research methods. The primary method is axiological, which allows substantiating the value of housing for a person. Methods of analysis and synthesis helped identify general approaches to the concept of discrimination, characterise its grounds, and formulate a definition of housing discrimination. It is established that housing discrimination is a restriction of the right to housing, as a result of which a person does not have the opportunity to purchase housing and live in it. It was found out that most often a vulnerable group of people (internally displaced persons, families with children, homosexual couples, etc.) face housing discrimination. It is noted that national legislation does not distinguish housing discrimination as an independent legal category. The paper describes the content and features of housing discrimination in Ukraine. The characteristics (gender, nationality, citizenship, age, sexual orientation, family residence without marriage registration, the presence of children and animals, internal displacement) that cause housing discrimination and inability to exercise the proper right to housing are established. It is proved that discrimination can manifest itself in refusal to conclude or extend a lease/rental agreement, unjustified rent increases, etc. The paper can be used for further scientific study by young researchers dealing with the problems of improving housing legislation.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129865404","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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