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On the Right to Health Protection of Socially Vulnerable Groups of the Population 人口中社会弱势群体的健康权问题
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.82.13
Nadiia BONDARENKO-ZELINSKA, Maryna Boryslavska, Andrii Zelinskyі
{"title":"On the Right to Health Protection of Socially Vulnerable Groups of the Population","authors":"Nadiia BONDARENKO-ZELINSKA, Maryna Boryslavska, Andrii Zelinskyі","doi":"10.37491/unz.82.13","DOIUrl":"https://doi.org/10.37491/unz.82.13","url":null,"abstract":"The purpose of the article is to characterize the most significant aspects of the exercise of rights in the field of health protection by persons belonging to socially vulnerable groups of the population. As a result of the study, it was found that vulnerability as a socio-legal phenomenon is a state in which a person, family, group of persons cannot meet their basic and social needs due to the presence of a circumstance/totality of circumstances that prevent this. The author’s definition of socially vulnerable groups of the population has been proposed. A distinction was made between socially vulnerable groups of the population and poor persons. It is justified that children are the most numerous socially vulnerable group of the population. The reasons for this conclusion are the social vulnerability and potential insecurity of children due to their age, insufficient life experience, psychological and mental unevenness and objective unwillingness to many life realities. The dependence of the child’s well-being on the effectiveness of the implementation of his right to health care has been established. The right to protect the health of every child in Ukraine can be ensured only with guaranteed access to qualified doctors and to vital medicines with proven effectiveness. Moreover, such access should be timely, provided at the time of the child’s need for medical care. Important directions of state policy in the field of child health protection have been established. Among them: the development of an effective mechanism for the preventive detection, monitoring and protection of children, regarding whom there are the first signs of a negative situation; monitoring and coordination of the process of informing parents and children about child health and «family hygiene»; To promote and encourage the proper passage of regular preventive medical examinations by those categories of children for whom their legislation provides for them as mandatory; legal, scientific and industrial development of the pharmaceutical sphere in order to maximize the provision of the state’s domestic market with high-quality medicines. It is proposed to carry out a periodic revision of the Vaccination Calendar, the inclusion in it of «managed» infections that are not considered by the current legislation and the introduction of a system for encouraging vaccination. To protect the interests of the child, the need to introduce special electronic resources (an appropriate platform) with the necessary information for children and the possibility of feedback is justified. To develop such a resource, one should use world experience.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122903725","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}
引用次数: 0
Historical-Legal Analysis of the Obligations of Compensation for Damage Caused by Animals 动物损害赔偿义务的历史法律分析
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.5
V. Babiichuk
{"title":"Historical-Legal Analysis of the Obligations of Compensation for Damage Caused by Animals","authors":"V. Babiichuk","doi":"10.37491/unz.83.5","DOIUrl":"https://doi.org/10.37491/unz.83.5","url":null,"abstract":"The article focused on the obligation to compensate for damage caused by animals as a type of the attractions. Given the evolution of the entertainment industry, attractions with the use of farm and wild animals are becoming increasingly popular. Along with new emotions from the attractions with animals, such entertainment carries significant risks of harm. The obligation to compensate for such damage caused by animals goes back to the historical depths that we will cover in our article. The first historical mention of the harm caused by animals in the Laws of Hammurabi is investigated. It was established that the first known animal that caused damage, which was subject to compensation, was an ox, and the person responsible for the damage was its owner. It is established that the mention of the damage caused by domesticated animals is contained in the Laws of Dadusha. Such animals were identified as an ox and an aggressive dog. It was investigated that the main function of the obligations to compensate for the damage caused by animals was the compensatory function. It was investigated that the laws of the Hittites also contained a rule governing compensation for damage caused by the animal. The norm provided for compensation for damage to property. The provisions of the Torah, in particular the Code of the Covenant, which established liability for damage caused by animals, are analysed. It is established that the Torah contains provisions that can be considered prototypes of modern norms governing liability for the damage caused by a source of increased danger. The characteristic features of the legislation that was in force before our era, which regulated the compensation for damage caused by animals, are summarized. The provisions of the Laws of the Draco of Athens and Solon, which were in force in Greece in the period from 621 to 594 BC, are studied. The provisions of the Law on Combating Harm Caused by Animals are analysed. The provisions of the legislation of the period of the Roman Empire, which regulated the compensation for damage caused by animals, are analysed. The concept of the term «four-legged animal» and the principle of «harm to the animal» according to Roman law are studied. The provisions of the principle of responsibility of the «mule driver» are analysed. The provisions of the current legislation of Ukraine regulating liability for damage caused by animals are studied. The etymology of the terms «beast» and «animal» are analysed. It is summarized that the animal should understand the subclass of mammals, only part of the classification of animals. The concept of «wild animal» is analysed. Own classification of wild animals is offered. A proposal was initiated to replace the term «keeping of wild beasts» in the Civil Code of Ukraine with the term «keeping of wild animals». A distinction between wild and domestic animals are analysed. The functioning of the Unified State Register of Animals has been studied. It is proposed to im","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115380801","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}
引用次数: 0
Foreign Trade as the Main Aspect of Marketing Activity: Current State and Development Prospects 对外贸易作为营销活动的主要方面:现状与发展前景
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.11
L. Turchyn
{"title":"Foreign Trade as the Main Aspect of Marketing Activity: Current State and Development Prospects","authors":"L. Turchyn","doi":"10.37491/unz.83.11","DOIUrl":"https://doi.org/10.37491/unz.83.11","url":null,"abstract":"The article considers foreign trade as the main aspect of marketing activities of domestic enterprises in dynamic markets. Thus, the key to effective economic development of the country is to ensure foreign economic activity. Foreign trade is the main economic factor, the key to the success of any country in the international economic arena and a decisive factor in shaping the competitiveness of enterprises and improving the quality of life. Therefore, given the unstable market conditions and market dynamics, foreign trade should be considered as a major aspect of marketing activities of domestic enterprises. Modern tendencies of development of foreign trade of Ukraine are investigated. The consequences of the pandemic impact (COVID-19) on the foreign economic activity of enterprises are analysed. Thus, the total turnover in Ukraine in 2020 decreased by 6.5 % compared to the previous year. Imports decreased in 2020 by 10.3 % less than in 2019. However, Ukraine retains a leading position in the world is the third largest exporter of grain, producing 90–100 million tons of grain annually. Agriculture also plays a significant role in the structure of exports: in 2019, agricultural enterprises brought Ukraine almost 40 % of foreign exchange earnings, demonstrating stability over the past three years. The importance of export operations in international markets was emphasized. In particular, Ukraine ranked third in the list of the largest suppliers of agricultural products to the European Union, exporting 7.3 billion Euros. The signing of the EU-Ukraine Association Agreement and the implementation of the Deep and Comprehensive Free Trade Agreement with the EU (DCFTA) have also had a significant impact on agricultural exports to the EU since the signing of the Agreement. PEST-analysis and SWOT-analysis of Ukraine’s foreign trade were conducted. The role of agricultural enterprises in the structure of Ukraine’s foreign trade is emphasized: the basis of Ukraine’s foreign trade in 2019 remained the products of agricultural enterprises. The share of agricultural products in the total volume of Ukrainian exports amounted to 44.3 %. The prospects for the development of Ukraine’s foreign trade in unstable market conditions are indicated. Ukraine needs to analyse its foreign economic activity and the current situation: opportunities, threats, its strengths and weaknesses and increase its trade. To improve the state of foreign trade, it is proposed to focus on exports, especially agrarian enterprises.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123007477","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}
引用次数: 26
Classification of Violence as a Method of Committing a Criminal Offense 暴力作为犯罪手段的分类
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.9
S. Krushynskyi
{"title":"Classification of Violence as a Method of Committing a Criminal Offense","authors":"S. Krushynskyi","doi":"10.37491/unz.83.9","DOIUrl":"https://doi.org/10.37491/unz.83.9","url":null,"abstract":"The article deals with the analysis of the content of violence as a method of committing a criminal offense. The use of violence is often a constructive feature of the criminal offenses composition, which allows differentiating a criminal liability for the criminal offenses. The legislator in the construction of some compositions of criminal offenses directly uses the term «violence» or uses terms, which demonstrate a violent nature of the act or which indicate the consequences of a criminal act. One legally significant classification of violence as a method of committing a criminal offense are given by author — on the subject of violent influence: 1) physical violence that affects the human organism (body, internal organs); 2) mental violence, which affects the human psyche. The content of the concepts of «domestic violence», «economic violence», «psychological violence», «sexual violence», which were introduced in the legislation on criminal liability, is considered. The term «domestic violence» indicates specific subjects to whom it may be used, but does not show any special features compared to physical or mental violence. Sexual violence occurs in the area of sexual relations, but can also be either physical or mental. Economic violence goes beyond the traditional understanding of «violence». According to author in this context it is more appropriate to use the term «economic discrimination». It is stated that in the legislation instead of the term «psychological violence» it is more appropriate to use the term «mental violence». Scientific positions on the application by the legislator of the concepts «violence that is dangerous to the life or health of the victim» and «violence that is not dangerous to the life or health of the victim» are given. It is emphasized that the division of violence by the nature and degree of public danger (violence that is dangerous to the life or health of the victim; violence that is not dangerous to the life or health of the victim) is seen in context of consequences, not the method of committing a criminal offense.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125961851","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}
引用次数: 0
The Guarantee of Human Rights, who are Subordinated to Forced Expulsion by the State Border Guard Service of Ukraine 被乌克兰国家边防局强制驱逐的人的人权保障
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.7
M. Korol
{"title":"The Guarantee of Human Rights, who are Subordinated to Forced Expulsion by the State Border Guard Service of Ukraine","authors":"M. Korol","doi":"10.37491/unz.83.7","DOIUrl":"https://doi.org/10.37491/unz.83.7","url":null,"abstract":"The article investigates the issues of legal implementation of guarantees of rights and freedoms of persons who are subordinated to forced expulsion in international law, their essence and legal regulation in the European Union, regulation of these guarantees under Ukrainian law, procedural order and practice of ensuring rights and freedoms of foreigners and stateless persons who are subordinated to forced expulsion by the State Border Guard Service of Ukraine and its task on the legality of the use of forced expulsion to foreigners and stateless persons. It is emphasized that this action is an effective mean of state coercion, which is used in many countries around the world, and is one of the ways to combat offenses committed by foreigners and stateless persons. Attention was paid to the importance of compliance with the rules of jurisdiction during the decision of the forced expulsion of foreigners and stateless persons, preventing the relevant decision by an incompetent authority or on inappropriate grounds. The right to immediately inform a legal expert, the right to an interpreter, the possibility to appeal the decision and the special guarantees provided by the legislation about legal status of alliance and stateless persons are guaranteed to the human rights during forced deportation. It is emphasized that any decision about foreigners and stateless persons expulsion must be individual, i.e. it must be based on a reasonable and objective consideration of the specific cases of each foreigner or stateless person. The decisions of the European Court of Human Rights and Ukrainian courts where violations of the rights of persons during the application of the procedure of forced expulsion were recorded, are analysed. It is approved that the issue of guarantees of the rights of persons who are subordinated to forced expulsion has been decided in negotiation with international and European legislation, but improvement of the efficiency of legal regulation and practical implementation of forced expulsion by the State Border Guard Service of Ukraine is impossible without eliminating shortcomings and gaps in legal framework, as well as improving staff training on these issues.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116547191","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}
引用次数: 0
Media Technologies and Formation of a Tourist Destination Brand: Foreign and Domestic Experience 媒体技术与旅游目的地品牌的形成:国内外经验
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.12
S. Babushko, N. Opanasiuk, N. Rekun, M. Halytska
{"title":"Media Technologies and Formation of a Tourist Destination Brand: Foreign and Domestic Experience","authors":"S. Babushko, N. Opanasiuk, N. Rekun, M. Halytska","doi":"10.37491/unz.83.12","DOIUrl":"https://doi.org/10.37491/unz.83.12","url":null,"abstract":"The article summarizes the arguments within the scientific discussion on the impact of media technologies on the choice of a tourist destination. Thus, the emergence of film-induced tourism as a specific type of tourism is emphasized. The main purpose of the scientific research is to analyze a relatively new phenomenon of «film-induced tourism» and its types, as well as to determine the influence mechanisms of film and television media product on the formation of a tourist destination and its brand. Systematization of relevant literary works and approaches to the problem in question has shown that film-induced tourism is intensively developing and being actively popularized in the world. It has been widely recognized that the media product is undoubtedly increasing the number of visits to locations depicted in it, or locations associated with it, which, in its turn, forms the tourist destination brand. Moreover, the films that gained worldwide popularity after their release significantly contributed to the formation of famous tourist brands and attracted the attention of numerous tourists. The relevance of the scientific research in terms of Ukraine is evidenced by the fact that the development of film-induced tourism is not paid attention to by domestic scientists. Besides, the international experience of successful promotion of tourist destinations through media technologies is not duly implemented into domestic tourist practice. Foreign practical experience proves though that there is a firm correlation between the success of the film and television media product and the increase in tourist flows to a particular destination. The research of the problems raised in the article was carried out in logical sequence. There were considered theoretical aspects of film-induced tourism, particularly, impacts of media technologies on the development of tourist destinations, the use of mass media as a tool to form a tourist brand; there were revealed specific features of creating tourist brands, both on-location and off-location ones, as well as there was analysed the experience of Ukraine in the formation of on- and off-location tourist brands; there were provided the proposals to apply leading international practices for the promotion of film-induced tourism in Ukraine. The following groups of methods became a methodological toolkit of the research. Theoretical methods were used to perform the overview of scientific works, popular science literature and other relevant sources within the research; for the definition and systematization of the terminological apparatus of the research; for the critical study and generalization of the observed information. Analytical methods were used to diagnose the impact of media technologies on the development of certain destinations and to analyse tangible and intangible benefits of film-induced tourism obtained by tourist destinations. The research period under consideration is 2010–2018. The object of the study is a ","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130627638","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}
引用次数: 1
On the Issue of the Object of Criminal Offenses against Justice under the Criminal Law of Ukraine 论乌克兰刑法中刑事侵害正义罪的客体问题
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.8
V. Hryshchuk, Lidiia Paliukh
{"title":"On the Issue of the Object of Criminal Offenses against Justice under the Criminal Law of Ukraine","authors":"V. Hryshchuk, Lidiia Paliukh","doi":"10.37491/unz.83.8","DOIUrl":"https://doi.org/10.37491/unz.83.8","url":null,"abstract":"The article formulates some initial conceptual provisions regarding the content of the generic object of criminal offenses against justice. In particular, the authors have defined the main groups of public relations which should be protected by the norms of the section on liability for criminal offenses against justice, based on the legal nature of these relations. It is substantiated that procedural activity, at whatever stage of the proceedings it is carried out, has a single task, regulated by a single procedural legislation. Therefore, it is impossible to divide the criminal law protection of these relations into the norms of different sections of the Special Part of the Criminal Code of Ukraine. It is argued that the activity of judicial proceedings and the activity of execution of court decisions are inextricably linked, which determines the expediency of their criminal protection by the rules of one section of the Special Part of the Criminal Code of Ukraine. Accordingly, it seems appropriate to define the generic object of criminal offenses against justice as «public relations that ensure the procedure established by law for the administration of justice and the execution of court decisions». It is substantiated that public relations regarding the jurisdictional activity of the Constitutional Court of Ukraine, given the legal nature of this body, are components of the generic object of criminal offenses against justice. In particular, this conclusion is based on such a defining characteristic of this body as that it is a specific judicial body, not included into the system of courts of general jurisdiction, which combines the functions of justice, constitutional control, official interpretation of the Constitution of Ukraine, protection of constitutional rights and freedoms of the individual. The generic object of criminal offenses against justice does not cover organizational and managerial relations arising in connection with the exercise of judicial power, including the jurisdictional activities of the High Council of Justice.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131063387","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}
引用次数: 3
Purpose of Labour Law and Social Security Law 《劳动法》和《社会保障法》的宗旨
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.82.7
A. Andrushko, I. Mykhailova
{"title":"Purpose of Labour Law and Social Security Law","authors":"A. Andrushko, I. Mykhailova","doi":"10.37491/unz.82.7","DOIUrl":"https://doi.org/10.37491/unz.82.7","url":null,"abstract":"In the field of social law, the problem of the purpose of labour law and social security law is covered, which is understood through its spirit, meaning and value. It is emphasized that the change of philosophical-axiological, socio-economic and political-legal paradigms of society, de-Sovietization of labour law and social security law, the search for balance of interests between employee, employer and the state, the principle of solidarity as a basic principle of compulsory social insurance, the responsibility of the state for the effective functioning of the social security system requires a revision of the content of the main approaches to their interpretation and understanding. Attention is drawn to the fact that the most important task of de-Sovietization of labour law and social security law is to prevent the liquidation of the welfare state, i.e. to remove social protection functions from the state and provide for those who cannot earn a living and maintain an acceptable standard of living. It is substantiated that simultaneously with the transformation of relations in the field of labour there are interrelated changes in the legal regulation of relations on social security. Thus, it is noted that modern realities influence the new perception of social security, through the prism of mutual obligations of both the state and the population. This applies to formal employment, payment of «white» wages, payment of insurance premiums, and so on. It is emphasized that the main purpose of social security law is to create such legal norms that will be aimed at ensuring a sufficient standard of living. An important role in this is played by a stable, socially-oriented economy, because social support of the population, as a rule, is realized through the allocation of appropriate funds. It is concluded that the purpose of labour law and social security law, their social value, is to regulate labour and social security relations in order to give them a clear direction to create the necessary conditions for the realization of individual rights and freedoms through the state position on legal instruments of social protection. The state position in social law should be aimed at ensuring that the law provides social protection, addresses issues of social tension in society between different socio-demographic groups and the state.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132999960","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}
引用次数: 0
Peculiarities of Mechanisms of Psychological Protection of Persons Deprived of Freedom during the COVID-19 Pandemic COVID-19大流行期间被剥夺自由者心理保护机制的特点
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.82.3
Halyna Katolyk, Z. Kisil, Vitaliia Veres
{"title":"Peculiarities of Mechanisms of Psychological Protection of Persons Deprived of Freedom during the COVID-19 Pandemic","authors":"Halyna Katolyk, Z. Kisil, Vitaliia Veres","doi":"10.37491/unz.82.3","DOIUrl":"https://doi.org/10.37491/unz.82.3","url":null,"abstract":"This article analyzes the literature to define the concept of psychological protection, analyzes the source base and characteristic findings of mechanisms of psychological protection, investigates and presents the features of mechanisms of psychological protection of prisoners and comparisons with mechanisms of psychological protection of prisoners. The study was conducted during the first wave of the COVID-19 pandemic. To date, the study of the mechanisms of psychological protection has not lost relevance, as reality daily proves the axiomatic nature of these views in everyday life and is considered by contemporaries in the context of the instinct of self-preservation and adaptation of personality. At the current pace of functioning, exacerbated by the COVID-19 pandemic, the individual trains as much as possible the mechanisms of psychological protection that allow him or her to reduce the potential for emotional experiences that can cause mental trauma. The dynamics of the functioning of mechanisms of psychological protection have protagonistic consequences for the psyche and life of the individual. They have their own dichotomy, which can be considered in the context of positive and negative. The positive context is manifested in the liberation of a person from the fear of death, stress, multiple negative emotional experiences (loss of a loved one, terminal illness, job loss, disasters, wars, imprisonment, loss of social status, etc.). Negative contexts deprive a person of reflections on the situation that threatens him or her and thus prevent the most objective perception and the most correct solution. As a result, the problem itself may become more complicated, and the future of a person will become qualitatively worse.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130546058","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}
引用次数: 3
Conciliation in Civil Proceedings: Concept, Features, Procedural Forms 民事诉讼中的调解:概念、特征、程序形式
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.3
S. Bychkova
{"title":"Conciliation in Civil Proceedings: Concept, Features, Procedural Forms","authors":"S. Bychkova","doi":"10.37491/unz.83.3","DOIUrl":"https://doi.org/10.37491/unz.83.3","url":null,"abstract":"Where it is necessary to protect violated, unrecognized or contested rights, freedoms and interests and the legal recourse is chosen for it, each person hopes to receive effective protection in the near future. Unfortunately, such expectations are not always justified because of different objective and subjective factors. A variety of conciliation procedures, through which the dispute is settled by mutual agreement of its parties, are therefore widely available. Similar procedures did not go unnoticed in civil proceedings. However, despite the increased attention to various forms of conciliation at the international level, by the state and in research, today there is no clear definition of the concept, understanding the characteristics of conciliation in the process, as well there is no unanimity on its procedural forms. Such circumstances cause problems in the application of conciliation regulations in civil proceedings. Therefore, the purpose of the article is to define the concept of conciliation in civil proceedings, highlighting and analysis of its characteristics, on the basis of which the existence of procedural forms of conciliation, which can be used by the parties to civil case, is justified. Based on the features of procedural conciliation identified in the research, it is concluded that it is the procedure for the settlement of private law disputes referred to the courts, regulated by the rules of Civil Procedure and applied by the parties for their free will with a view to reaching mutually advantageous agreements between them, which are recorded in the procedural act. At the same time, the Civil Procedural legislation of Ukraine regulates two procedural forms of conciliation nowadays: settlement by a judge (it is the procedure provided by procedural law, conducted by a judge with proceedings in the relevant case) and conclusion and approval of a settlement agreement, which means an agreement reached by the parties to a civil case to settle a dispute referred to court on the basis of mutual concessions, which concerns only the rights and obligations of the parties.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126303728","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}
引用次数: 0
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