Pedagogy is not the same. The main reason for the contradictory, different contents of the science of pedagogy in the methodology, presentation of the material. The methodology of scientific and didactic thought depends in most cases on the worldview of the author. In spiritual pedagogy, the canonical-legal worldview dominates. This worldview forms pedagogy on an ontological and spiritual basis. The concept of worldview (worldview, worldview) is of German origin. In the Greek language you can find - cosmotheory. All attributions of authorship are caused by different interpretations - from an intuitive vision of the world to its interpretation [1, p. 347]. a worldview is not only an "overview" of the world, but something much bigger and more essential than that. A worldview is a certain image of the world, but also a certain projection of human experiences, aspirations, and expectations onto the world. At the same time, it is a certain effort, a certain mobilization of a person's internal resources, prompting and directing him to be involved in the world. According to the level of its organization, worldview can be divided into worldview, worldview, and worldview. World perception is a person's attitude to the world, world perception is an image of the world. And world understanding is a close combination of world explanation and world interpretation. Relates world perception, world perception and world understanding, world transformation [2, p. 76, 82-84]. In addition, the outlook should be organic. This means that everyone should consider and without any pressure to accept certain views on the world. No one has the right to impose his worldview by force [3, p. 22]. Organicity emphasizes the natural properties of views on the world and its assessment. Thoughts about nature and society in it are a regularity of a person. Man feels the need to feel the integrity of the universe and his place in it. Taking into account the above features of worldview, the following definitions exist in philosophy: worldview is a person's self-determination regarding his place in the world and his relationship with it [4, p. 569]; it is a set of developed generalized ideas, views, beliefs of a person about the world, himself, his place in the world and his purpose [4, p. 184-186] and others. Possessing such concepts about the worldview, we can start thinking about the canonical-legal worldview. Of course, it should be taken into account that there are different types of worldviews, among them apophatic, kataphatic, narrative, mythological, religious, philosophical, etc. We will pay special attention to the canonical legal worldview. The starting point will be that man is the image of God, which corresponds to the cataphatic (affirmative) worldview. You need to look at the world from the point of view of the preservation and development of nature, from the point of view of good (good), canonical law. It should be taken into account that man is the last in the creation
{"title":"Rules for the development of the canonical legal outlook.","authors":"Stepan Slyvka","doi":"10.23939/law2023.38.091","DOIUrl":"https://doi.org/10.23939/law2023.38.091","url":null,"abstract":"Pedagogy is not the same. The main reason for the contradictory, different contents of the science of pedagogy in the methodology, presentation of the material. The methodology of scientific and didactic thought depends in most cases on the worldview of the author. In spiritual pedagogy, the canonical-legal worldview dominates. This worldview forms pedagogy on an ontological and spiritual basis. The concept of worldview (worldview, worldview) is of German origin. In the Greek language you can find - cosmotheory. All attributions of authorship are caused by different interpretations - from an intuitive vision of the world to its interpretation [1, p. 347]. a worldview is not only an \"overview\" of the world, but something much bigger and more essential than that. A worldview is a certain image of the world, but also a certain projection of human experiences, aspirations, and expectations onto the world. At the same time, it is a certain effort, a certain mobilization of a person's internal resources, prompting and directing him to be involved in the world. According to the level of its organization, worldview can be divided into worldview, worldview, and worldview. World perception is a person's attitude to the world, world perception is an image of the world. And world understanding is a close combination of world explanation and world interpretation. Relates world perception, world perception and world understanding, world transformation [2, p. 76, 82-84]. In addition, the outlook should be organic. This means that everyone should consider and without any pressure to accept certain views on the world. No one has the right to impose his worldview by force [3, p. 22]. Organicity emphasizes the natural properties of views on the world and its assessment. Thoughts about nature and society in it are a regularity of a person. Man feels the need to feel the integrity of the universe and his place in it. Taking into account the above features of worldview, the following definitions exist in philosophy: worldview is a person's self-determination regarding his place in the world and his relationship with it [4, p. 569]; it is a set of developed generalized ideas, views, beliefs of a person about the world, himself, his place in the world and his purpose [4, p. 184-186] and others. Possessing such concepts about the worldview, we can start thinking about the canonical-legal worldview. Of course, it should be taken into account that there are different types of worldviews, among them apophatic, kataphatic, narrative, mythological, religious, philosophical, etc. We will pay special attention to the canonical legal worldview. The starting point will be that man is the image of God, which corresponds to the cataphatic (affirmative) worldview. You need to look at the world from the point of view of the preservation and development of nature, from the point of view of good (good), canonical law. It should be taken into account that man is the last in the creation","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"273 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article formulates the paradigm of the development of medical law in Ukraine, and also considers the constituent elements that form it. We believe that the legal relations included in the subject of medical law should be divided into two groups. The first group is represented by those relations that arise during the implementation of medical activities in the process of providing medical assistance. That is, the relationship between the doctor and the patient during the implementation of the first diagnostic, treatment and preventive measures. We believe that they are the basis of relations in the field of medicine. The second group of relations includes relations related to the provision of medical care, in particular, in the field of internal organization of the provision of medical services, mandatory medical insurance, control and supervision in the field of health care, licensing and accreditation of medical organizations, etc. We propose to call such relations organizational and legal in the field of medicine, since they are the basis of the emergence of relations in the process of implementing medical activities regarding the provision of medical assistance and ensure its quality provision. It is proved that medical law is an independent complex branch of law, which was formed on the border of profiling branches of law (which, in our opinion, are civil, administrative law, social security law), the subject of which is social relations that arise in the process of implementing medical activities in relation to provision of medical care and organizational and legal relations in the field of medicine. Their legal regulation is based on the combined (imperative-dispositive method). Thus, awareness of the independent sectoral affiliation of medical law will contribute to its further development, improvement of legal regulation of individual sectoral institutes, introduction of new mechanisms of protection and protection of the rights and interests of subjects in the field of health care.
{"title":"The paradigm of the development of medical law in Ukraine","authors":"Olha Kapitan","doi":"10.23939/law2023.38.049","DOIUrl":"https://doi.org/10.23939/law2023.38.049","url":null,"abstract":"The article formulates the paradigm of the development of medical law in Ukraine, and also considers the constituent elements that form it. We believe that the legal relations included in the subject of medical law should be divided into two groups. The first group is represented by those relations that arise during the implementation of medical activities in the process of providing medical assistance. That is, the relationship between the doctor and the patient during the implementation of the first diagnostic, treatment and preventive measures. We believe that they are the basis of relations in the field of medicine. The second group of relations includes relations related to the provision of medical care, in particular, in the field of internal organization of the provision of medical services, mandatory medical insurance, control and supervision in the field of health care, licensing and accreditation of medical organizations, etc. We propose to call such relations organizational and legal in the field of medicine, since they are the basis of the emergence of relations in the process of implementing medical activities regarding the provision of medical assistance and ensure its quality provision. It is proved that medical law is an independent complex branch of law, which was formed on the border of profiling branches of law (which, in our opinion, are civil, administrative law, social security law), the subject of which is social relations that arise in the process of implementing medical activities in relation to provision of medical care and organizational and legal relations in the field of medicine. Their legal regulation is based on the combined (imperative-dispositive method). Thus, awareness of the independent sectoral affiliation of medical law will contribute to its further development, improvement of legal regulation of individual sectoral institutes, introduction of new mechanisms of protection and protection of the rights and interests of subjects in the field of health care.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article clarifies the philosophical and legal features of legal behavior as a factor of human self-affirmation in the postmodern era. Within the limits of philosophical and legal understanding, postmodernism should be considered in two aspects: conceptual-idealistic (as a theoretical concept) and nihilistic (as a modern social reality). According to the natural law theory, any behavior will be lawful if a person, exercising his natural rights, does not violate similar rights of other persons. The philosophical basis of this approach is the doctrine of freedom as the natural state of man and his (man's) free will. Freedom consists in the ability to do everything that does not harm another. Human freedom, accordingly, cannot be absolute, because it is limited by the same condition of other people. This actually reflects the postmodern philosophical and legal understanding of human behavior in a conceptual and idealistic aspect. Regarding the understanding of lawful human behavior in the nihilistic plane of postmodernity, this is a conformist philosophical and legal concept. According to which a person's behavior is subject to new social standards and requirements, and can also be subjected to psychological pressure and manipulation by others who have stronger worldview and value beliefs. It is concluded that legal behavior is a factor of self-affirmation of a person in the postmodern era, self-identifies him as a person in social reality. Law has value, as it contributes to self-determination and self-realization of a person, provides new opportunities for individual and social development. The importance of the value of law for "postmodern man" and "postmodern society" is undeniable. In the conditions of a hyper-dynamic pace of life, conceptual chaos and radical pluralism, law remains a fundamental value for self-identification, self-creation, self-presentation and preservation of human self-worth.
{"title":"Legal behavior as human self-identification in the postmodern era","authors":"Vitalii Rohozianskyi","doi":"10.23939/law2023.38.079","DOIUrl":"https://doi.org/10.23939/law2023.38.079","url":null,"abstract":"The article clarifies the philosophical and legal features of legal behavior as a factor of human self-affirmation in the postmodern era. Within the limits of philosophical and legal understanding, postmodernism should be considered in two aspects: conceptual-idealistic (as a theoretical concept) and nihilistic (as a modern social reality). According to the natural law theory, any behavior will be lawful if a person, exercising his natural rights, does not violate similar rights of other persons. The philosophical basis of this approach is the doctrine of freedom as the natural state of man and his (man's) free will. Freedom consists in the ability to do everything that does not harm another. Human freedom, accordingly, cannot be absolute, because it is limited by the same condition of other people. This actually reflects the postmodern philosophical and legal understanding of human behavior in a conceptual and idealistic aspect. Regarding the understanding of lawful human behavior in the nihilistic plane of postmodernity, this is a conformist philosophical and legal concept. According to which a person's behavior is subject to new social standards and requirements, and can also be subjected to psychological pressure and manipulation by others who have stronger worldview and value beliefs. It is concluded that legal behavior is a factor of self-affirmation of a person in the postmodern era, self-identifies him as a person in social reality. Law has value, as it contributes to self-determination and self-realization of a person, provides new opportunities for individual and social development. The importance of the value of law for \"postmodern man\" and \"postmodern society\" is undeniable. In the conditions of a hyper-dynamic pace of life, conceptual chaos and radical pluralism, law remains a fundamental value for self-identification, self-creation, self-presentation and preservation of human self-worth.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article defines the content of the principles, tasks and features of the codification of national labor legislation to international legal standards in the context of European integration. It was found that the main principles of the European social model and directions of social policy are enshrined in the main documents of the Council of Europe: the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter (revised), as well as in the documents of the European Union: the Treaty on European Union, the Charter Communities on the basic social rights of workers, the Charter of Basic Rights of the EU, EU directives, regulations. It has been objectified that the issue of taking into account international experience regarding the codification of labor legislation involves: 1) taking into account the international experience of legal regulation in the part of provisions regulating anti-discrimination policy regarding the expansion of the list of discriminatory actions and factors; 2) enshrining in the ILO Charter the authority of the Committee of Experts, including the function of interpreting international labor standards, to oblige member states to change national legislation; 3) strengthening information interaction, reducing the number of legislative acts, strengthening responsibility in the field of labor protection; 4) creation of a center for labor migration and expansion of the rights of labor migrants in Ukraine, in particular in terms of their social security; 5) mechanisms for raising the minimum wage should be correlated with changes in the «consumer basket». It has been proven that the legal basis of the codification of the labor legislation of Ukraine cannot be constructed without taking into account and comprehensively covering the international legal norms that regulate the issues of labor migration, discrimination, occupational safety and hygiene, informing employees, and paying for their work. These issues, along with establishing and guaranteeing fundamental labor rights, should become a key direction of state social policy.
{"title":"Codification of national labor legislation in the context of European integration","authors":"Ulyana Beck","doi":"10.23939/law2023.38.162","DOIUrl":"https://doi.org/10.23939/law2023.38.162","url":null,"abstract":"The article defines the content of the principles, tasks and features of the codification of national labor legislation to international legal standards in the context of European integration. It was found that the main principles of the European social model and directions of social policy are enshrined in the main documents of the Council of Europe: the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter (revised), as well as in the documents of the European Union: the Treaty on European Union, the Charter Communities on the basic social rights of workers, the Charter of Basic Rights of the EU, EU directives, regulations. It has been objectified that the issue of taking into account international experience regarding the codification of labor legislation involves: 1) taking into account the international experience of legal regulation in the part of provisions regulating anti-discrimination policy regarding the expansion of the list of discriminatory actions and factors; 2) enshrining in the ILO Charter the authority of the Committee of Experts, including the function of interpreting international labor standards, to oblige member states to change national legislation; 3) strengthening information interaction, reducing the number of legislative acts, strengthening responsibility in the field of labor protection; 4) creation of a center for labor migration and expansion of the rights of labor migrants in Ukraine, in particular in terms of their social security; 5) mechanisms for raising the minimum wage should be correlated with changes in the «consumer basket». It has been proven that the legal basis of the codification of the labor legislation of Ukraine cannot be constructed without taking into account and comprehensively covering the international legal norms that regulate the issues of labor migration, discrimination, occupational safety and hygiene, informing employees, and paying for their work. These issues, along with establishing and guaranteeing fundamental labor rights, should become a key direction of state social policy.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295814","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}
It was found that the basis of the Ukrainian national idea, among other factors, is the formation of a law-abiding citizen with a legitimate vector of personal development. We see that even during the war, Ukrainians try to control compliance with the rules of law and the law. The active activity of all law enforcement structures to ensure law and order and prevent illegal behavior of citizens shows the society's desire for lawful, civilized development even in the crisis-transitional period of the nation's existence. It is emphasized that within a specific society, people are united by a certain goal, a national idea, a legal field, and moral and value orientations. A civilized society strives for constant development and improvement. An important aspect in this process is integration into the international globalized social and legal space. Scientific and technical progress allows active development of society in close interaction between its members. It is noted that today we once again prove to the whole world that we have the right, based on the centuries-old traditions of state formation and law-making, to develop our statehood. During the war, the problems of the military and political sphere come to the fore, which is absolutely justified, because the preservation of life and health of citizens, active repulse of the enemy, international support are the key to victory and the possibility of forming a democratic society. Despite this, we must not forget the importance of forming the future generation of Ukrainians as law-abiding citizens with a stable understanding of the national idea, ethnicity. Attention is focused on the fact that the formation of legal awareness and the preservation and development of the national idea is a priority task of the state and society in general to preserve its identity, independence and significance in the international legal arena. An important role in this process belongs to the youth, the cultural elite, and also, every citizen should strive to enrich and multiply both the national heritage of his people and its state-legal system through lawful behavior, legal culture and a high level of legal awareness.
{"title":"Legal awareness and the national idea are the basis of a stable state and legal development of society","authors":"Alona Romanova","doi":"10.23939/law2023.38.085","DOIUrl":"https://doi.org/10.23939/law2023.38.085","url":null,"abstract":"It was found that the basis of the Ukrainian national idea, among other factors, is the formation of a law-abiding citizen with a legitimate vector of personal development. We see that even during the war, Ukrainians try to control compliance with the rules of law and the law. The active activity of all law enforcement structures to ensure law and order and prevent illegal behavior of citizens shows the society's desire for lawful, civilized development even in the crisis-transitional period of the nation's existence. It is emphasized that within a specific society, people are united by a certain goal, a national idea, a legal field, and moral and value orientations. A civilized society strives for constant development and improvement. An important aspect in this process is integration into the international globalized social and legal space. Scientific and technical progress allows active development of society in close interaction between its members. It is noted that today we once again prove to the whole world that we have the right, based on the centuries-old traditions of state formation and law-making, to develop our statehood. During the war, the problems of the military and political sphere come to the fore, which is absolutely justified, because the preservation of life and health of citizens, active repulse of the enemy, international support are the key to victory and the possibility of forming a democratic society. Despite this, we must not forget the importance of forming the future generation of Ukrainians as law-abiding citizens with a stable understanding of the national idea, ethnicity. Attention is focused on the fact that the formation of legal awareness and the preservation and development of the national idea is a priority task of the state and society in general to preserve its identity, independence and significance in the international legal arena. An important role in this process belongs to the youth, the cultural elite, and also, every citizen should strive to enrich and multiply both the national heritage of his people and its state-legal system through lawful behavior, legal culture and a high level of legal awareness.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to ways of solving the problem of prevention of criminal offenses in Ukraine regarding individual participants in criminal proceedings, in particular, witnesses and victims in the context of ensuring their safety in criminal proceedings. Based on the study of foreign experience in solving this problem in criminal proceedings, it was established that the key features of the procedural status of witnesses and victims, which distinguish them from other participants in criminal proceedings, in particular, the suspect, the accused, are the presence, respectively, of a statutory duty or right to provide independent impartial testimony on the merits of criminal proceedings, as well as the obligation to provide truthful testimony. However, such statutory obligations of the specified participants in criminal proceedings must be confirmed by appropriate guarantees of their safety from the legislator. Their essence as subjects of the criminal process, who are carriers of evidentiary information, emerges from a theoretical study of the scientific positions of individual scientists regarding the purpose and grounds of protection and ensuring their safety, as well as an analysis of the norms of criminal and criminal procedural legislation in force in Ukraine, which are designed to implement ways prevention of the possibility of committing criminal offenses against the witness and the victim in the context of ensuring their protection and safety in criminal proceedings. An analysis of the positive for Ukraine experience of some foreign states in building a system of protection and ensuring the safety of the mentioned participants in the process in order to prevent criminal offenses against them is also presented. The use of international experience is invaluable for the urgent need to improve the institution of prevention of criminal offenses against participants in criminal proceedings in Ukraine. After all, today in Ukraine there is an urgent need to develop an effective system of protection and protection of analyzed participants in criminal proceedings, given the lack of a mechanism for implementing the relevant legislation.
{"title":"Ways to solve the problem of preventing criminal offenses in relation to individual participants in criminal proceedings in Ukraine","authors":"Mykhailo Huzela","doi":"10.23939/law2023.38.200","DOIUrl":"https://doi.org/10.23939/law2023.38.200","url":null,"abstract":"The article is devoted to ways of solving the problem of prevention of criminal offenses in Ukraine regarding individual participants in criminal proceedings, in particular, witnesses and victims in the context of ensuring their safety in criminal proceedings. Based on the study of foreign experience in solving this problem in criminal proceedings, it was established that the key features of the procedural status of witnesses and victims, which distinguish them from other participants in criminal proceedings, in particular, the suspect, the accused, are the presence, respectively, of a statutory duty or right to provide independent impartial testimony on the merits of criminal proceedings, as well as the obligation to provide truthful testimony. However, such statutory obligations of the specified participants in criminal proceedings must be confirmed by appropriate guarantees of their safety from the legislator. Their essence as subjects of the criminal process, who are carriers of evidentiary information, emerges from a theoretical study of the scientific positions of individual scientists regarding the purpose and grounds of protection and ensuring their safety, as well as an analysis of the norms of criminal and criminal procedural legislation in force in Ukraine, which are designed to implement ways prevention of the possibility of committing criminal offenses against the witness and the victim in the context of ensuring their protection and safety in criminal proceedings. An analysis of the positive for Ukraine experience of some foreign states in building a system of protection and ensuring the safety of the mentioned participants in the process in order to prevent criminal offenses against them is also presented. The use of international experience is invaluable for the urgent need to improve the institution of prevention of criminal offenses against participants in criminal proceedings in Ukraine. After all, today in Ukraine there is an urgent need to develop an effective system of protection and protection of analyzed participants in criminal proceedings, given the lack of a mechanism for implementing the relevant legislation.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article analyzes the administrative and jurisdictional powers of territorial recruitment and social support centers regarding military accounting under martial law. The terminology and peculiarities of its use in the consideration of administrative offenses, the responsibility for which is provided for by Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses, are considered. In particular, it was noted that citizens’ compliance with the rules of military accounting involves a number of restrictions of a coercive nature and in most cases contains informational content, as well as the obligation to comply with the order of a military body or official authorized to do so. For a more thorough analysis of the administrative-jurisdictional activity of territorial recruitment and social training centers, attention is paid to the administrative-legal consolidation by the legislator of the terms that characterize the legal status of a person during military service in the Armed Forces of Ukraine and other military formations. The terms «draft», «call», «assembly point», which have a legal meaning in the qualification of administrative offenses for violating the rules of military accounting, are also analyzed. The urgency of considering the administrative jurisdiction of the territorial centers of recruitment and social support regarding compliance with the order and rules of military record keeping in Ukraine was emphasized. It is noted that the content of Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses does not provide for the implementation and specifics of violations of the rules of military accounting. It was concluded that the administrative-jurisdictional activity of the territorial recruitment and social support centers regarding the violation of military accounting rules is carried out in accordance with the current legislation of Ukraine and other normative legal acts regulating military service in the Armed Forces of Ukraine and other military formations. At the same time, the following remain controversial provisions on: 1) description of the unlawful behavior of the subjects set forth in Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses; 2) interpretation of the terms characterizing military service and having legal significance for the qualification of this type of offense.
{"title":"Some issues of the administrative and jurisdiction activities of the territorial centers of recruitment and social support in Ukraine","authors":"Oleksiy Ostapenko, Oksana Baik","doi":"10.23939/law2023.38.146","DOIUrl":"https://doi.org/10.23939/law2023.38.146","url":null,"abstract":"The article analyzes the administrative and jurisdictional powers of territorial recruitment and social support centers regarding military accounting under martial law. The terminology and peculiarities of its use in the consideration of administrative offenses, the responsibility for which is provided for by Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses, are considered. In particular, it was noted that citizens’ compliance with the rules of military accounting involves a number of restrictions of a coercive nature and in most cases contains informational content, as well as the obligation to comply with the order of a military body or official authorized to do so. For a more thorough analysis of the administrative-jurisdictional activity of territorial recruitment and social training centers, attention is paid to the administrative-legal consolidation by the legislator of the terms that characterize the legal status of a person during military service in the Armed Forces of Ukraine and other military formations. The terms «draft», «call», «assembly point», which have a legal meaning in the qualification of administrative offenses for violating the rules of military accounting, are also analyzed. The urgency of considering the administrative jurisdiction of the territorial centers of recruitment and social support regarding compliance with the order and rules of military record keeping in Ukraine was emphasized. It is noted that the content of Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses does not provide for the implementation and specifics of violations of the rules of military accounting. It was concluded that the administrative-jurisdictional activity of the territorial recruitment and social support centers regarding the violation of military accounting rules is carried out in accordance with the current legislation of Ukraine and other normative legal acts regulating military service in the Armed Forces of Ukraine and other military formations. At the same time, the following remain controversial provisions on: 1) description of the unlawful behavior of the subjects set forth in Articles 210, 210-1, 211 of the Code of Ukraine on Administrative Offenses; 2) interpretation of the terms characterizing military service and having legal significance for the qualification of this type of offense.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the analysis of the concept of domestic violence at different times and in different countries, as a result of which it can be stated that regardless of the development of society, its evolution, the problems of domestic violence have always existed. It has been found that the roots of domestic violence in history are deep, come from ancient times and are determined by the peculiarities of national values, culture, traditions and, of course, religion of different peoples and states. Today, domestic violence is one of the most acute problems of society, which is quite widespread in the whole world and during the period of quarantine restrictions, it is gaining larger and larger scales. Modern society considers domestic violence as a type of criminal offense, but in most cases in Ukraine, domestic violence remains a family secret, because victims of such violence are ashamed to admit it and report it to law enforcement authorities. Realization of personal human rights, guaranteeing the right to life and health, to free personal development is one of the main tasks of the legal social state, which Ukraine is declared to be. Ensuring these rights is directly related to combating violent acts and, in particular, domestic violence. The first attempts to regulate family relations at the legislative level, as evidenced by historical monuments, were made as early as the 18th century BC, during the reign of Hammurabi, king of Babylon. In the laws of King Hammurabi, a lot of attention was paid to family relations - both property and non-property, as well as the protection of some rights of children. Thus, the analysis of individual provisions of these laws makes it possible to assert that they protected the interests of the family and established equal rights of spouses regarding property and dignified conditions of family life, as well as provided for clearly defined grounds for divorce, both on the part of the man and the woman. At the same time, the laws of King Hammurabi also provided for the possibility of placing a woman or child in debt bondage for a certain period in case of inability to repay the debt. Gender-based violence has deep historical roots both in Ukraine and abroad . It takes its origin from ancient times, since mankind began to exist on Earth. It is worth noting that domestic violence is an urgent problem at the current stage of development , both for the person against whom it is committed, as well as for the families where it is committed and, of course, for our society in general, because domestic violence is one of the most common forms of human rights violations in the world.
{"title":"Historical and legal analysis of the criminal and legal approach to domestic violence","authors":"Anastasiia Baran","doi":"10.23939/law2023.38.189","DOIUrl":"https://doi.org/10.23939/law2023.38.189","url":null,"abstract":"The article is devoted to the analysis of the concept of domestic violence at different times and in different countries, as a result of which it can be stated that regardless of the development of society, its evolution, the problems of domestic violence have always existed. It has been found that the roots of domestic violence in history are deep, come from ancient times and are determined by the peculiarities of national values, culture, traditions and, of course, religion of different peoples and states. Today, domestic violence is one of the most acute problems of society, which is quite widespread in the whole world and during the period of quarantine restrictions, it is gaining larger and larger scales. Modern society considers domestic violence as a type of criminal offense, but in most cases in Ukraine, domestic violence remains a family secret, because victims of such violence are ashamed to admit it and report it to law enforcement authorities. Realization of personal human rights, guaranteeing the right to life and health, to free personal development is one of the main tasks of the legal social state, which Ukraine is declared to be. Ensuring these rights is directly related to combating violent acts and, in particular, domestic violence. The first attempts to regulate family relations at the legislative level, as evidenced by historical monuments, were made as early as the 18th century BC, during the reign of Hammurabi, king of Babylon. In the laws of King Hammurabi, a lot of attention was paid to family relations - both property and non-property, as well as the protection of some rights of children. Thus, the analysis of individual provisions of these laws makes it possible to assert that they protected the interests of the family and established equal rights of spouses regarding property and dignified conditions of family life, as well as provided for clearly defined grounds for divorce, both on the part of the man and the woman. At the same time, the laws of King Hammurabi also provided for the possibility of placing a woman or child in debt bondage for a certain period in case of inability to repay the debt. Gender-based violence has deep historical roots both in Ukraine and abroad . It takes its origin from ancient times, since mankind began to exist on Earth. It is worth noting that domestic violence is an urgent problem at the current stage of development , both for the person against whom it is committed, as well as for the families where it is committed and, of course, for our society in general, because domestic violence is one of the most common forms of human rights violations in the world.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295821","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}
This article will examine the legal nature and highlight the problematic issues of involving convicts serving a term of imprisonment in socially useful work. The goals and tasks of socially useful work as a means of correction and resocialization of such convicts are disclosed. The article formulates proposals for improving the current criminal law enforcement in terms of legal regulation of the application of community service to convicts serving prison terms. In the work, the author drew attention to the fact that one of the important components of the normal functioning of any socie. Work is the primary basis and necessary condition for the life of people and societies. Work primarily shapes a person, educates his will and character traits. It should be noted that work is not only a means of biological development of a person, but also a tool for continuous development, formation of personal needs, contributes to the growth of his abilities, skills and the ability to use them. The author believes that it is necessary for the state to provide adequate material and financial support for penal institutions, to provide convicts with the opportunity to choose the desired field of activity, in accordance with their specialty and wishes, to ensure the appropriate level of remuneration and to create the necessary conditions for it. All this will contribute to the convict's positive attitude towards work, his own desire to engage in it in order to return to society as a full-fledged member of it. Taking into account the main provisions about the role of work in the development of society and the formation of human consciousness, it is one of the main means of correction and resocialization of convicts.
{"title":"The legal nature of convicted persons` labor, its goals, tasks and regulation features","authors":"Roman Shai, Sofia Lupii","doi":"10.23939/law2023.38.256","DOIUrl":"https://doi.org/10.23939/law2023.38.256","url":null,"abstract":"This article will examine the legal nature and highlight the problematic issues of involving convicts serving a term of imprisonment in socially useful work. The goals and tasks of socially useful work as a means of correction and resocialization of such convicts are disclosed. The article formulates proposals for improving the current criminal law enforcement in terms of legal regulation of the application of community service to convicts serving prison terms. In the work, the author drew attention to the fact that one of the important components of the normal functioning of any socie. Work is the primary basis and necessary condition for the life of people and societies. Work primarily shapes a person, educates his will and character traits. It should be noted that work is not only a means of biological development of a person, but also a tool for continuous development, formation of personal needs, contributes to the growth of his abilities, skills and the ability to use them. The author believes that it is necessary for the state to provide adequate material and financial support for penal institutions, to provide convicts with the opportunity to choose the desired field of activity, in accordance with their specialty and wishes, to ensure the appropriate level of remuneration and to create the necessary conditions for it. All this will contribute to the convict's positive attitude towards work, his own desire to engage in it in order to return to society as a full-fledged member of it. Taking into account the main provisions about the role of work in the development of society and the formation of human consciousness, it is one of the main means of correction and resocialization of convicts.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article determines the axiological features of constitutional identity in the legal context of Ukraine. It was found that the constitutional identity to a large extent forms the political and legal system of the state, as it contains general laws and defining features acquired by the state in the process of its historical, cultural and legal development. That is, constitutional identity is something that, on the one hand, unites society and the institutions of the state, and on the other hand, provides distinctive features from other states. Axiological determination of constitutional identity allows us to conclude about a harmonious combination of elements of statics, which are expressed in the historically formed conditions of the political and legal life of a certain state, and dynamism, which is determined by the further course of development of our state in accordance with modern challenges. It is noted that the source of constitutional identity is not only the constitutive provisions of the Basic Law, acts of the Constitutional Court of Ukraine, but also the historical, mental, value and political basis. Therefore, constitutional identity, which is a reflection of public demand in law, must guarantee and protect the rights of individuals at the highest level, and in accordance with the national constitutional and legal system. This justifies the statement about the need for a deeper study of this legal phenomenon in order to establish an authentic organic connection with the people. Such a trend of the relationship between society and the norms that regulate it will contribute to the growth of constitutional patriotism, the establishment of rights and freedoms based on legal certainty and in compliance with the criterion of legitimate expectations. It is concluded that achieving a balance between globalization and integration processes and the preservation of existing state and national values is extremely relevant for modern Ukraine, which during the full-scale armed aggression confirmed and steadfastly upholds the declared and constitutionally enshrined aspirations to adhere to the European and Euro-Atlantic vector.
{"title":"Axiological determination of constitutional identity","authors":"Taras Harasymiv","doi":"10.23939/law2023.38.022","DOIUrl":"https://doi.org/10.23939/law2023.38.022","url":null,"abstract":"The article determines the axiological features of constitutional identity in the legal context of Ukraine. It was found that the constitutional identity to a large extent forms the political and legal system of the state, as it contains general laws and defining features acquired by the state in the process of its historical, cultural and legal development. That is, constitutional identity is something that, on the one hand, unites society and the institutions of the state, and on the other hand, provides distinctive features from other states. Axiological determination of constitutional identity allows us to conclude about a harmonious combination of elements of statics, which are expressed in the historically formed conditions of the political and legal life of a certain state, and dynamism, which is determined by the further course of development of our state in accordance with modern challenges. It is noted that the source of constitutional identity is not only the constitutive provisions of the Basic Law, acts of the Constitutional Court of Ukraine, but also the historical, mental, value and political basis. Therefore, constitutional identity, which is a reflection of public demand in law, must guarantee and protect the rights of individuals at the highest level, and in accordance with the national constitutional and legal system. This justifies the statement about the need for a deeper study of this legal phenomenon in order to establish an authentic organic connection with the people. Such a trend of the relationship between society and the norms that regulate it will contribute to the growth of constitutional patriotism, the establishment of rights and freedoms based on legal certainty and in compliance with the criterion of legitimate expectations. It is concluded that achieving a balance between globalization and integration processes and the preservation of existing state and national values is extremely relevant for modern Ukraine, which during the full-scale armed aggression confirmed and steadfastly upholds the declared and constitutionally enshrined aspirations to adhere to the European and Euro-Atlantic vector.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295990","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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