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WAR AND MILITARY CRIMES IN CRIMINAL LAW OF UKRAINE: FEATURES AND RELATIONSHIP WITH INTERNATIONAL CRIMINAL LAW AND FOREIGN LEGISLATION 乌克兰刑法中的战争和军事罪:特点及其与国际刑法和外国立法的关系
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-109-114
Yu.A. Krychun
The study deals with the conceptual and categorical apparatus of the field of criminal law, which relates to military and war crimes. It is noted that the concept of a war crime became enshrined in international legal acts relatively recently, namely in 1945 in the Statute of the Nuremberg Tribunal, but certain rules related to the prevention of war crimes existed from the time of the ancient slave-owning states of civilizations. The main norms regarding war crimes in the first modern sense of the codified act on the rules of war, the status of war victims, the rules of hostilities, namely the Liber Code of 1863, are given. Attention is focused on the Rome Statute of the International Criminal Court of 1998, where war crimes are defined as gross violations of the Geneva Conventions of August 12, 1949, as well as 26 other serious violations of the laws and customs of war, most of which have been considered crimes by states since the Second World War. Definitions of war crimes by various Ukrainian researchers are given: M. Piddubna, V. Repetsky, V. Lysyk, and others. The article points to the normative consolidation and definition of military criminal offenses and norms on war crimes in the Ukrainian national legislation. The foreign national legislation of Taiwan, the USA, and Poland regarding the regulation of the issue of military and war crimes is also analyzed. In conclusion, the main differences between war crimes and war crimes are given. It is also summarized that in democratic liberal legal states, different approaches to the regulation of offenses committed by military personnel during their service, that is, regarding war crimes, have developed. In English-language law, you can find the use of the terms "military crime" (as war crimes) and "war crime" (war crime). Punishment for war crimes can be defined as in the United States, where there is a separate Code dedicated to the offenses of military personnel of the US Army and the National Guard, which at the same time has its own military justice system.
这项研究涉及与军事和战争罪行有关的刑法领域的概念和分类机构。人们注意到,战争罪的概念是最近才载入国际法律文件的,即1945年载入《纽伦堡法庭规约》的,但是有关防止战争罪的某些规则从古代拥有奴隶的文明国家时期就存在了。本文给出了关于战争规则编纂法第一个现代意义上的战争罪的主要规范、战争受害者的地位、敌对行为规则,即1863年的《利伯法典》。人们的注意力集中在1998年《国际刑事法院罗马规约》上,其中对战争罪的定义是严重违反1949年8月12日《日内瓦公约》的行为,以及其他26种严重违反战争法和惯例的行为,其中大多数行为自第二次世界大战以来一直被各国视为罪行。本文给出了乌克兰不同研究人员对战争罪的定义:M. Piddubna, V. Repetsky, V. Lysyk等。文章指出乌克兰国家立法对军事刑事犯罪的规范巩固和界定以及对战争罪的规范。此外,本文还分析了台湾、美国、波兰等国家对军事和战争罪问题的立法。最后,给出了战争罪与战争罪的主要区别。本文还总结说,在民主自由的法制国家,对军人在服役期间所犯的罪行,即战争罪,制定了不同的管制办法。在英语法律中,你可以找到“军事罪”(作为战争罪)和“战争罪”(战争罪)这两个术语的使用。对战争罪的惩罚可以定义为在美国,那里有一个单独的法典专门针对美国陆军和国民警卫队的军事人员的罪行,同时有自己的军事司法系统。
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引用次数: 0
LEGAL STATUS OF FOREIGNERS AND STATELESS PERSONS: THEORETICAL AND LEGAL BASIS 外国人和无国籍人的法律地位:理论和法律依据
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-191-195
O. Gulak, S. Poznyakov
The article examines the legal status of foreigners and stateless persons. It is emphasized that the study of the essence of the legal status of foreigners and stateless persons allows to clarify their place and role in society and the state as its members and explains the peculiarities of their legal status. The article analyzes the concept of "legal status" as a multifaceted, complex category, the structure of which contains a complex of rights, obligations and guarantees. It has been established that the legal status of foreigners and stateless persons is defined as a set of legal norms containing fundamental principles and guarantees that determine the behavior of foreigners and stateless persons in connection with their exercise of rights, obligations, freedoms and legitimate interests on the territory of Ukraine. The article states that the rights and obligations are the basis of the legal status of foreigners and stateless persons who are in Ukraine on legal grounds and enjoy the same rights and freedoms as citizens of Ukraine. It has been established that foreigners and stateless persons have certain restrictions affecting political rights, as well as ownership of agricultural land. It was concluded that the legal status of foreigners and stateless persons is a complex legal institution, regulated by the norms of law, containing the legally fixed position of subjects in the social system with the set of rights and obligations and guarantees guaranteed to them.
这篇文章探讨了外国人和无国籍人的法律地位。它强调,研究外国人和无国籍人法律地位的本质,可以澄清他们作为社会和国家成员在社会和国家中的地位和作用,并解释其法律地位的特点。本文将“法律地位”概念分析为一个多层面的复杂范畴,其结构包含了权利、义务和保障的综合体。已经确定,外国人和无国籍人的法律地位是一套法律规范,其中载有确定外国人和无国籍人在乌克兰领土上行使权利、义务、自由和合法利益方面的行为的基本原则和保障。该条规定,权利和义务是外国人和无国籍人的法律地位的基础,他们在乌克兰有合法的理由并享有与乌克兰公民相同的权利和自由。已经确定,外国人和无国籍人在政治权利以及农业土地所有权方面受到某些限制。会议的结论是,外国人和无国籍人的法律地位是一个复杂的法律机构,受到法律规范的管制,其中包括社会制度中主体在法律上的固定地位,以及向他们提供的一整套权利、义务和保障。
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引用次数: 0
FEATURES OF LAND LEGAL ENTITY OF CITIZENS OF UKRAINE, FOREIGNERS AND STATELESS PERSONS 乌克兰公民、外国人及无国籍人土地法人之特征
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-57-61
S. Chernik
The article is devoted to the legal status of natural persons in land law. The purpose of the study is to study the land legal personality of citizens of Ukraine, foreigners and stateless persons, and to determine its features. The concept of "legal entity" and its structure in the theory of law are revealed. The concept of land legal personality has been formed, which should be understood as the legally guaranteed opportunities to have land rights and obligations, acquire them, use them and fulfill them. Features of land legal personality that distinguish it from civil legal personality are highlighted. The components of legal personality are legal capacity and legal capacity. It was determined that land legal capacity is the ability to have rights and obligations regarding land, land legal capacity is the ability of a natural person to acquire land rights for himself by his actions and exercise them independently, as well as the ability to create land obligations for himself by his actions and fulfill them independently and bear responsibility in case of their non-fulfilment. The positions of scientists regarding the definition of land legal personality of natural persons, in particular, regarding the separation of land procedural legal personality have been studied. Based on the analysis of the legislation of Ukraine, it has been proven that the land legal personality of citizens of Ukraine, foreigners and stateless persons differs in its scope. Citizens of Ukraine have the largest range of rights and responsibilities regarding land. In particular, the right to acquire a land plot, including from agricultural land, which is given priority in the state. At the same time, there are certain restrictions on the composition and amount of land that can be owned by citizens of Ukraine, as stated in the article. Peculiarities of land legal personality of foreign citizens and stateless persons are considered. Restrictions on acquiring ownership of agricultural lands are specified.
本文论述了土地法中自然人的法律地位。研究的目的是研究乌克兰公民、外国人和无国籍人的土地法律人格,并确定其特征。揭示了法律理论中“法人”的概念及其结构。土地法律人格的概念已经形成,它应该被理解为法律保障的拥有土地权利义务、取得土地权利义务、使用土地权利义务和履行土地权利义务的机会。突出了土地法律人格区别于民事法律人格的特点。法人人格的构成要件是法律行为能力和法律行为能力。确定土地法律行为能力是指对土地具有权利义务的能力,土地法律行为能力是指自然人以其行为为自己取得土地权利并独立行使土地权利的能力,以及以其行为为自己创设土地义务并独立履行土地义务和不履行土地义务时承担责任的能力。科学家对自然人土地法律人格的界定,特别是对土地程序法律人格的分离的立场进行了研究。通过对乌克兰立法的分析,证明了乌克兰公民、外国人和无国籍人的土地法人资格的范围是不同的。乌克兰公民在土地方面享有最大范围的权利和责任。特别是,获得土地的权利,包括从农业用地中获得土地的权利,在国家中享有优先权。与此同时,如该条所述,对乌克兰公民可以拥有的土地的组成和数量有某些限制。分析了外国公民和无国籍人土地法人的特点。规定了取得农业用地所有权的限制。
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引用次数: 0
STATUS OF LEGAL REGULATION OF PRODUCTION AND SALE OF SOLAR ENERGY 太阳能生产和销售的法律规制现状
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-214-218
V. Yurakh, D. Sokolovskyi
The article is devoted to the analysis of the modern post-war state of legal regulation of the production and sale of solar energy in Ukraine, namely the public-law aspects of the relevant sphere of legislation. The national legislation on solar energy was evaluated and it was found that since the introduction of martial law at the state level, a number of important actions have been taken in the direction of reforming and developing the legislative framework in the field of production and sale of solar energy. The problems of public and legal support for the development of solar energy are traced. The system of legal protection of solar energy requires changes in the part of tax and customs legislation regarding the legislative stimulation of the development of solar energy. The need to develop a national strategy for the development of alternative energy, in particular solar energy, as a tool for replacing and modernizing the outdated Soviet energy infrastructure, which suffered as a result of the aggression of the Russian Federation, is proven. The "green" tariff needs revision, which is due to pre-war legislative changes in terms of reducing the size of the "green" tariff. Attention is focused specifically on the public legal mechanisms of legal regulation of relations in the field of production and sale of solar energy. The modern post-war state of legal relations in the relevant field is highlighted, and problems in the functioning mechanism of the relevant market are identified. Proposals have been put forward regarding the unification of state and legal influence on the field of solar energy production and its implementation. Taking into account the previous experience of the operation of the solar energy market, it is proposed to form state principles of stimulating support for the implementation of technologies for saving generated energy using energy storages. The studied international legal obligations confirm the need for a state role in the field of fulfilling the accepted international obligations in the field of energy and the vector of potential accession to the European Union, the development of a legislative and regulatory framework that does not aim to reduce the dependence of the national economy on energy produced from fossil fuels resources.
这篇文章专门分析了乌克兰现代战后对太阳能生产和销售的法律管制状况,即相关立法领域的公法方面。对国家太阳能立法进行了评估,发现自从在州一级实行戒严法以来,在改革和发展太阳能生产和销售领域的立法框架方面采取了一些重要行动。对太阳能发展的公共支持和法律支持存在的问题进行了追溯。太阳能的法律保护制度需要在税收和海关立法方面进行改革,以立法激励太阳能的发展。事实证明,有必要制定一项发展替代能源,特别是太阳能的国家战略,作为取代过时的苏联能源基础设施和使其现代化的工具,这些基础设施由于俄罗斯联邦的侵略而受到损害。“绿色”关税需要修订,这是由于战前立法的变化,减少了“绿色”关税的规模。特别注意的是对太阳能生产和销售领域的关系进行法律调节的公共法律机制。强调了战后相关领域的现代法律关系现状,并指出了相关市场运行机制中存在的问题。关于国家和法律对太阳能生产领域的影响及其实施的统一提出了建议。结合以往太阳能市场运行经验,提出形成对利用储能节能发电技术实施激励支持的国家原则。对国际法律义务的研究证实,国家需要在履行能源领域公认的国际义务方面发挥作用,并有可能加入欧洲联盟,制定立法和监管框架,其目的不是减少国民经济对化石燃料资源生产的能源的依赖。
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引用次数: 0
CHARACTERISTICS OF SUBJECTS OF PRIVATE INTERNATIONAL LAW: CRITERIA FOR RECOGNITION OF THE FUNCTIONAL LEGAL ENTITY OF TRANSNATIONAL COMPANIES 国际私法主体的特征:承认跨国公司功能性法律实体的标准
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-205-209
S. Shypko
The article is devoted to the study of the peculiarities of subjects of international private law, namely transnational companies. Attempts to regulate the activities of transnational companies are carried out both by individual states and groups of states or through international organizations. The general provision is the principle enshrined in the Charter of Economic Rights and Responsibilities of States, despite the fact that transnational companies have an international nature of activity, are legal entities, but the procedure for their creation and activity is regulated by the national legislation of each country. The article defines the essence of the peculiarities of the subjects of private international law in general, namely, it is established that they are characterized by a certain type of legal personality. Also, in relation to transnational companies, the legal nature of international agreements concluded between states and transnational corporations was investigated. The author states that the representatives of transnational companies are - enterprises that were created in accordance with the procedure provided by the legislation of a certain state; those that produce goods or provide separate services; those that carry out their activities outside the country of their main place. In addition, transnational companies have international contractual legal capacity, while others, on the contrary, emphasize the opposite statement that they have such legal capacity. The main problematic aspects of determining the international legal personality of transnational companies include: firstly, the absence of a unified view of scientists on the concept and content of "international legal personality", secondly, the legal definition of the term "transnational corporation", as in the international, as well as national legislations, which, in turn, does not provide an opportunity to know the legal nature of this subject and to unanimously attribute it to the circle of subjects of international or national law.
这篇文章致力于研究国际私法主体,即跨国公司的特点。管制跨国公司活动的尝试是由个别国家和国家集团或通过国际组织进行的。一般规定是《各国经济权利和责任宪章》所载的原则,尽管跨国公司具有国际活动性质,是法律实体,但其创建和活动的程序由每个国家的国家立法规定。本文对一般国际私法主体特殊性的本质进行了界定,即确定其具有某种类型的法律人格。此外,关于跨国公司,还调查了国家与跨国公司之间缔结的国际协定的法律性质。作者认为,跨国公司的代表是:按照某一国家立法规定的程序设立的企业;生产商品或者提供单独服务的;在其主要活动地以外的国家开展活动的。此外,跨国公司具有国际合同法律行为能力,而另一些则相反,强调他们具有这种法律行为能力。确定跨国公司国际法人资格的主要问题包括:首先,科学家对“国际法律人格”的概念和内容缺乏统一的看法,其次,“跨国公司”一词的法律定义,如在国际和国家立法中,这反过来又没有提供一个机会来了解这一主题的法律性质,并一致地将其归因于国际法或国内法的主体圈。
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引用次数: 0
DEPUTY OF THE LOCAL COUNCIL AS A SUBJECT OF A CRIMINAL OFFENSE 作为刑事犯罪对象的地方议会代表
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-122-128
I. Skliarenko
The article is devoted to the study of the influence of the status of the deputy of the local council on the nature of the composition of the criminal offense committed by such an entity. Different approaches of scientists regarding the definition of the concept and essence of such a criminal-legal category as a subject of a criminal offense have been analyzed. The general features of the subject of the criminal offense have been clarified, and its classification has been revealed. The signs of a special subject of a criminal offense were studied. It was observed that the grounds for identifying special subjects in criminal legislation. It was noted that the deputy of the local council, according to his legal status, belongs to a special form of the subject of a criminal offense. The concept of "official" in the context of criminal law is analyzed. Attention is focused on the triple nature of the legal status of a deputy of the local council as a representative of the interests of local residents, a full member of the local council and a representative of the government. The analysis of the peculiarities of the legal status of the deputy of the local council was carried out and the main organizational and legal forms of his activity as a subject of a criminal offense were revealed, which include initiative-normative, personnel, communicative and informational, control. The influence of the legal status of the deputy of the local council on the nature of the elements of the composition of certain criminal offenses is considered using examples from judicial practice. The classification of criminal offenses in which the deputy of the local council as his subject affects other elements of the composition of the offense, namely: related to the direct exercise of relevant powers, related to criminal influence and related to moral authority as a representative of interests local residents. It has been proven that the diverse nature of the activities of the deputy of the local council determines various methods and motives for committing his criminal offenses. It was determined that the deputy of the local council is not a special subject under the criminal law, however, the commission of a criminal offense by such a subject by applying his special legal status has an impact on all elements of the composition of the relevant offense, in particular on the time, place, motive, method and object of committing the corresponding offense.
该条专门研究地方议会议员的地位对这类实体所犯刑事犯罪的构成性质的影响。对作为犯罪主体的刑法范畴的概念和本质的界定,分析了科学家们的不同观点。明确了刑事犯罪主体的一般特征,揭示了刑事犯罪主体的分类。研究了一种特殊犯罪主体的犯罪迹象。有人指出,在刑事立法中确定特别主体的理由。有人指出,地方议会的代表,根据其法律地位,属于刑事犯罪主体的一种特殊形式。对刑法语境中的“官”概念进行了分析。重点关注地方议会议员作为当地居民利益代表、地方议会正式成员和政府代表的法律地位的三重性质。分析了地方议会议员法律地位的特殊性,揭示了地方议会议员作为刑事犯罪主体活动的主要组织形式和法律形式,包括主动-规范、人事、沟通和信息、控制。通过司法实践中的例子,审议了地方议会议员的法律地位对某些刑事犯罪构成要素性质的影响。以地方议会议员为主体的刑事犯罪的分类影响到犯罪构成的其他要素,即:与直接行使相关权力有关,与犯罪影响有关,与作为当地居民利益代表的道德权威有关。事实证明,地方议会议员活动的多样性决定了他犯罪的各种方法和动机。经确定,地方议会议员不是刑法下的特别主体,但是,这种主体运用其特殊法律地位实施刑事犯罪对构成有关犯罪的所有要素,特别是对实施相应犯罪的时间、地点、动机、方法和对象产生影响。
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引用次数: 0
INTERNATIONAL MIGRATION LAW: HISTORICAL AND LEGAL ASPECTS OF ESTABLISHMENT 国际移民法:历史和法律方面的建立
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-166-171
S. Ratushny
The article examines the historical and legal aspects of the emergence and development of international migration law. An attempt is made to study the patterns of evolutionary development of international legal regulation of relations in the field of international migrations, the place and conceptual foundations of international migration law as a separate branch of international public law. The growth of migration flows, their acquisition of new quantitative and qualitative characteristics, being determined by economic, ecological, military-political, demographic and other factors, exerts a strong influence on all aspects of the functioning of the world system, becoming an indispensable component of many spatial changes that determine the essence of territorial identity social groups and form a new culture of thinking, which is based on various social norms, including the principles and norms of international law. The most obvious and effective way of regulating international migration, taken in the dynamics of qualitative changes in its trends and forms, social relationships, socio-economic and political-legal processes, development of technical capabilities of means of communication, is its international legal regulation, carried out as universal and at the regional levels of interstate cooperation, taking into account the evolution and historical development of international legal doctrine and practice. At the same time, the accuracy of the expected assessment of the results of international legal regulation directly depends on the adequacy of the understanding of the legal nature, essence and place of international migration law in the general legal system. It should be fundamental to understand and accept the thesis that the ideology and philosophy of legal regulation of relations in the field of international migration is based on the thesis of the need to find and ensure a balance between state sovereignty - the cornerstone of the international legal order and freedom of movement - one of the basic human freedoms. These basic elements remained practically unchanged during the entire historical period of international legal regulation of relations in the field of international migrations, although the level of tension between them and the ways of articulation of the latter changed throughout the history of international law at the doctrinal level and in the practice of state approaches.
本文考察了国际移民法的出现和发展的历史和法律方面。本文试图研究国际移徙领域的国际法律关系规则的演变发展模式,以及国际移徙法作为国际公法的一个单独分支的地位和概念基础。由经济、生态、军事政治、人口和其他因素决定的移徙流动的增长及其获得新的数量和质量特征,对世界体系运作的所有方面产生强烈影响,成为许多空间变化的不可或缺的组成部分,这些变化决定了领土特征、社会群体的本质,并形成了一种以各种社会规范为基础的新的思维文化。包括国际法的原则和规范。考虑到国际移徙的趋势和形式、社会关系、社会经济和政治-法律进程、通讯手段技术能力的发展等方面的质的变化的动态,管制国际移徙的最明显和最有效的方法是作为普遍和区域一级的国家间合作进行的国际法律管制。考虑到国际法律理论和实践的演变和历史发展。与此同时,对国际法律规制结果的预期评估的准确性直接取决于对国际移徙法在一般法律制度中的法律性质、本质和地位的理解是否充分。理解和接受这样一种观点是至关重要的,即国际移民领域中法律调节关系的意识形态和哲学是基于需要在国家主权(国际法律秩序的基石)和行动自由(人类的基本自由之一)之间找到和确保平衡这一观点。在对国际移徙领域的关系进行国际法律规制的整个历史时期,这些基本要素几乎没有改变,尽管它们之间的紧张程度以及对后者的表述方式在整个国际法历史上在理论层面和在国家做法的实践中发生了变化。
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引用次数: 0
SPECIFICS OF STUDYING LAW TERMINOLOGY WITHIN THE LIMITS OF THE BINARY FORMAT OF CLASSES 在类的二进制格式的限制内学习法律术语的细节
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-134-138
T. Hromko, Yevhen Sobol
The article characterizes methodical approaches to the study of the topic "Ukrainian terminology in professional communication" in the preparing of future lawyers, which consists in conducting a binary class by specialists in Ukrainian language and in law. Definitions of the concepts "binary class", "interdisciplinary connections", "interdisciplinary integration", "competence", "professional preparing", "activation of cognitive activity" are given. The updating of the topic is due to the recognition of the position that, in the opinion of the authors, only the theoretical and practical course "Ukrainian language and speech culture" is insufficient. An attempt at a binary examination of legal terminology with teachers of legal disciplines leads to preliminary conclusions about the involvement of the law experts, representatives of the chosen specialty in the educational process with the aim of popularizing the chosen profession. The problems which prompt a law student to introduce terminology into his conceptual, terminological-scientific circulation are currently important. On the one hand, the more motivated the student of higher education is to expand his linguistic competences, the higher the level of language proficiency; on the other hand, they form the foundation for professional development and expand the horizons of the branch legal orientation of future lawyers. And accordingly, the speech and psychological "barriers" of the communication component of the binary class disappear, the desire to master the terminology, to improve one's knowledge, abilities and skills from the course and disciplines of the study of branch law, using methodological and didactic documentation, educational textbooks, manuals, dictionaries, glossaries, etc. has been noticed. Only in the creative cooperation of students and teachers of the Ukrainian language and special disciplines of law can high results be achieved during a binary class, even in the conditions of distance learning. The experience of teaching the Ukrainian language in a professional direction allows, on the basis of constant observations, mastering the latest developments in the field of education and efforts to improve the level of students' knowledge, to improve the method of teaching the discipline. The proposed study is a description of the experience of studying Ukrainian law terminology as an alternative to solving these problems – an attempt at a binary format of classes.
这篇文章描述了在培养未来律师过程中对“专业交流中的乌克兰术语”这一主题的系统研究方法,其中包括由乌克兰语和法律专家举办的二元课程。给出了“二元类”、“跨学科联系”、“跨学科整合”、“胜任力”、“专业准备”、“认知活动激活”等概念的定义。主题的更新是由于认识到,在作者看来,只有“乌克兰语言和言语文化”的理论和实践课程是不够的。与法律学科的教师一起对法律术语进行二元检查的尝试导致了关于法律专家,所选专业的代表参与教育过程以普及所选专业的初步结论。促使法律系学生将术语引入他的概念、术语科学循环的问题,在目前是很重要的。一方面,受高等教育的学生拓展语言能力的动机越强,其语言能力水平越高;另一方面,它们为未来律师的专业发展奠定了基础,拓展了分支法律方向的视野。因此,二元阶级中交流部分的言语和心理“障碍”消失了,掌握术语的愿望,从分支法研究的课程和学科中提高自己的知识,能力和技能,使用方法论和说教性文献,教育教科书,手册,字典,词汇表等已经注意到。只有在乌克兰语和法律特殊学科的学生和教师的创造性合作中,即使在远程学习的条件下,二元课堂也能取得高成果。在专业方向上教授乌克兰语的经验允许,在不断观察的基础上,掌握教育领域的最新发展,努力提高学生的知识水平,改进教学方法。拟议的研究报告描述了研究乌克兰法律术语的经验,作为解决这些问题的另一种选择- -一种二元分类格式的尝试。
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引用次数: 0
EVOLUTION OF UNDERSTANDING OF DISABILITY AND THE CONCEPT OF «PERSON WITH DISABILITY» 对残疾和“残疾人”概念理解的演变
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-52-56
A. Sotska
The article describes models of disability that reflect society's attitude to people with disabilities in different periods of historical development, in particular moral (according to it, disability is a way to atone for sins caused by negative behavior), medical (disability leads to a vital need for treatment and support to compensate for it negative consequences), charitable as a type of medical (consists in the need to compensate people for the problems caused by disability), social (disability causes problems for a person due to the barrier environment in which he lives) and human rights (disability according to this model is not a sentence, people , who have health disorders at the same level as society are subjects who ensure their comfort). Against this background, historical parallels are given and approaches to the perception of people with disabilities in certain periods of the historical development of society are described. The legislative definitions of the concept of «person with disabilities» since 1991 have been analyzed and a positive trend towards humanizing the perception of such people as equal members of society and bringing the relevant terminology into line with international approaches, in particular reflected in the Convention on the Rights of Persons with Disabilities, has been revealed. In Ukraine, the medical model of disability prevails, after the ratification of the Convention, the model used in our country can rather be called mixed, because the state policy regarding social and legal protection of people with disabilities is characterized by both the aspect of material support and the creation of conditions for self-realization, participation in society and a number of other aspects. The development of the disability institute has gone through stages from rejection to comprehensive support. At the same time, it is not fundamentally interdependent with historical periods, since certain characteristics of the disability models listed above can still be traced in state policies. Accordingly, the concept of "person with a disability" developed on the territory of our country. It was noted that in 2011 the cited definition was humanized with an emphasis on the state's duty to create conditions for the equality of people with disabilities and provide them with social protection. In particular, according to the Law of that time and until now, a person with a disability is considered a person with a persistent disorder of body functions, which, when interacting with the external environment, can lead to the limitation of his life activities, as a result of which the state is obliged to create conditions for the exercise of his rights on an equal basis with other citizens and ensure its social protection. It is noted that as a result of a certain life situation, every person can get an injury, disease, etc., which will cause the emergence of experiences related to health disorders and, accordingly, disability. As a result,
文章描述的残疾模式反映了不同历史发展时期社会对残疾人的态度,特别是道德模式(根据它,残疾是一种弥补消极行为所造成的罪恶的方式),医疗模式(残疾导致迫切需要治疗和支持以补偿其负面后果),慈善模式作为一种医疗模式(包括需要补偿人们因残疾而引起的问题),社会(残疾由于其生活的障碍环境而给一个人造成问题)和人权(根据这一模式,残疾不是一种判决,与社会处于同一水平的健康失调者是确保其舒适的主体)。在此背景下,给出了历史上的相似之处,并描述了在社会历史发展的某些时期对残疾人的看法。对1991年以来“残疾人”概念的立法定义进行了分析,并显示出一种积极的趋势,即将残疾人视为平等的社会成员,并使有关术语符合国际做法,特别是《残疾人权利公约》所反映的做法。在乌克兰,残疾医疗模式占主导地位,在批准《公约》之后,我国使用的模式可以说是混合模式,因为关于残疾人的社会和法律保护的国家政策的特点是提供物质支助,并为自我实现、参与社会和其他一些方面创造条件。残疾人研究所的发展经历了从拒绝到全面支持的阶段。与此同时,它与历史时期并不存在根本的相互依存关系,因为上述残疾模式的某些特征仍然可以在国家政策中找到痕迹。因此,“残疾人”的概念在我国境内发展起来。有人指出,2011年引用的定义人性化了,强调国家有责任为残疾人创造平等的条件,并为他们提供社会保护。特别是,根据当时和现在的法律,残疾人被认为是身体功能持续紊乱的人,在与外部环境相互作用时,可能导致其生活活动受到限制,因此,国家有义务为残疾人在与其他公民平等的基础上行使权利创造条件,并确保其得到社会保护。委员会注意到,由于某种生活状况,每个人都可能受伤、患病等,这将导致出现与健康失调有关的经历,从而导致残疾。因此,可能会出现残疾人不得不面对的问题,包括:外部环境的障碍、缺乏购买药品的收入、无法获得某些类型的服务(医疗、康复等)。因此,“残疾”会影响到每一个人。因此,关于残疾人法律和社会保护的国家政策、政策实施的实践和社会对待残疾人的态度应该是民主的、人道的,符合残疾人的利益,并借鉴国际上最好的经验。
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引用次数: 0
LEGAL REGULATION OF SCIENTIFIC ACTIVITIES DURING THE HETMANAT OF PAVLO SKOROPADSKY IN 1918 1918年帕夫洛·斯科罗帕德斯基统治期间科学活动的法律规定
Pub Date : 2023-03-01 DOI: 10.36550/2522-9230-2022-13-19-23
S. Verba
The article presents the results of research into the origins of the legal regulation of the formation of the national scientific tradition during the Hetmanate of Pavel Skoropadskyi in 1918. The purpose of the article is to study the main achievements of the legal regulation of scientific activity of the Ukrainian State during the Hetmanate period of Pavel Skoropadskyi in 1918. General scientific and special methods were used in the research process. In particular, the method of analysis and synthesis, generalization and scientific abstraction, as well as historical and comparative analysis and forecasting. The information base of the research is the works of Ukrainian scientists, articles published in periodicals, archival materials, etc. As a result of the research, the following conclusions were formulated. The experience of the Ukrainian State of Pavel Skoropadskyi is proof of the real creative achievements of the Ukrainian state-building movement, the adaptation of which to today's existence of Ukraine is difficult to overestimate. It was during this period, with the approval by P. Skoropadsky on November 14, 1918, of the law "On the establishment of the Ukrainian Academy of Sciences in Kyiv", that the countdown to the formation of Ukrainian academic science began. It was with the formation of the National Academy of Sciences that science as a social institution in the Ukrainian State began to exist in the status of a legitimate legal entity with legally defined interests, rights and obligations. An important role in the creation of organizational forms of scientific associations was played by the attitude of the central government towards scientists, the desire to support them, as well as to direct scientific research in the right direction in the state. This was also noticeable at the level of higher school. The formation of Ukrainian higher education made it possible to lay the foundations for the integration of educational and scientific spaces in the conditions of the development of national statehood, the preservation and multiplication of the achievements of the Ukrainian intellectual environment for the benefit of the education of new generations of conscientious compatriots, the establishment of a regime of legality and law and order. A lthough, due to known historical circumstances, the mentioned state-building traditions in the field of science and education, personally laid by Hetman Pavel Skoropadsky, were essentially interrupted, the considerable successful experience gained in building the system of scientific and educational activities of the leagues became the basis for the development of a modern system of scientific and research activities, which still needs significant institutional and legal reform.
本文介绍了对1918年帕维尔·斯科罗帕德斯基(Pavel Skoropadskyi)统治时期国家科学传统形成的法律规定起源的研究结果。本文的目的是研究1918年帕维尔·斯科罗帕德斯基(Pavel Skoropadskyi)统治时期乌克兰国家科学活动法律规制的主要成就。在研究过程中采用了一般的科学方法和特殊的方法。特别是分析与综合、概括与科学抽象,以及历史与比较分析与预测的方法。研究的信息库是乌克兰科学家的著作、期刊上发表的文章、档案资料等。通过研究,得出以下结论:乌克兰帕维尔·斯科罗帕德斯基州的经验证明了乌克兰国家建设运动的真正创造性成就,该运动对今天乌克兰存在的适应是难以估量的。正是在这一时期,1918年11月14日,随着P. Skoropadsky批准了“关于在基辅建立乌克兰科学院”的法律,乌克兰学术科学的形成开始倒计时。随着国家科学院的成立,科学作为乌克兰国家的一个社会机构开始以合法法律实体的身份存在,具有法律规定的利益、权利和义务。中央政府对科学家的态度、支持科学家的愿望以及引导国家科学研究朝着正确的方向发展的愿望,在科学协会组织形式的创建中发挥了重要作用。这在高等学校的水平上也很明显。乌克兰高等教育的形成为以下条件奠定了基础:在发展民族国家、保存和扩大乌克兰知识环境的成就、有利于新一代有良知的同胞的教育、建立法制和法律与秩序的制度的条件下,整合教育和科学空间。虽然,由于已知的历史环境,上述由Hetman Pavel Skoropadsky亲自奠定的科学和教育领域的国家建设传统基本上中断了,但在建立联盟的科学和教育活动系统方面获得的相当成功的经验成为发展现代科学和研究活动系统的基础,这仍然需要重大的制度和法律改革。
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Scientific Notes Series Law
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