STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS最新文献

{"title":"PROTECTION OF THE RIGHTS AND FREEDOM OF CITIZENS IN THE CONTEXT OF THE MAIN FUNCTION OF THE STATE","authors":"O. Sokolenko","doi":"10.36059/978-966-397-182-7/155-176","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/155-176","url":null,"abstract":"INTRODUCTION As you know, according to Part 2 of Art. 3 of the Constitution of Ukraine of June 28, 1996 No. 254k / 96-VR, human rights and freedoms and their guarantees determine the content and orientation of the state's activities. The above emphasizes the special place of human rights as a guide in shaping the state mechanism and practice of state building. At the same time, it is obvious that human rights are of equal importance for the development of the individual as a full-fledged member of civil society. Of key importance in this case is the reality of human rights, which, at the level with the legal recognition of such rights and the effective mechanism for their realization, also provides for the effectiveness of judicial and administrative protection, which is understood in science by the fact that \"judicial and administrative decisions have come into force and implemented, that is, necessarily led to the restoration or compensation of violated rights and freedoms “. At the same time, considering the various aspects of the administrative and legal mechanism of protection of human rights as one of the elements of ensuring their reality, which, in turn, is a kind of indicator of the development of a modern legal socially oriented state, it is necessary to pay special attention to the still existing contradictions of methodological nature in understanding the essence of human and citizen's rights and freedoms. In particular, it is about establishing the specific category of the citizen's rights, its relation to the rights, freedoms and interests of the individual and the citizen, which is directly related to the doctrinal and normative-legal definition of the content of the rights of citizens as an object of administrative and legal protection. It should be noted that the problems of the legal status of a person and a citizen were given attention within several branches of law (the theory of law, constitutional, international, administrative law, etc.), first of all, in the works of such scientists as K.G. Volynka, A. M. Kolodiy and A. Yu. Oliynyk,","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115944212","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}

{"title":"THEORETICAL AND METHODOLOGICAL PRINCIPLES OF OPERATION OF THE JUSTICE BODIES OF UKRAINE","authors":"O. Predmestnikov","doi":"10.36059/978-966-397-182-7/137-154","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/137-154","url":null,"abstract":"","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125243978","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}

{"title":"EGAL STATUS OF THE CHILD IN UKRAINE","authors":"N. Krestovska","doi":"10.36059/978-966-397-182-7/71-89","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/71-89","url":null,"abstract":"","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114664442","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}

{"title":"DEVELOPMENT OF THE EDUCATION PHENOMENA IN THE INTERNATIONAL LAW","authors":"K. Hromovenko","doi":"10.36059/978-966-397-182-7/35-51","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/35-51","url":null,"abstract":"","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125663840","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}

{"title":"PUBLIC FINANCIAL CONTROL AS ONE OF THE MECHANISMS STATE MANAGEMENT SYSTEMS","authors":"Т. Latkovska, Robert de Koning","doi":"10.36059/978-966-397-182-7/90-105","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/90-105","url":null,"abstract":"INTRODUCTION In the process of financial activity of the state, a special role is given to public financial control, through which both prevention and termination of offenses in the financial sphere are carried out. The absence of this public-law instrument can lead to destabilization of the whole sphere of financial and legal regulation. However, public (state and local) control quite often is seen as a public financial control, without taking into account local and regional aspects of public financial control. Even in many translated publications there is a substitution of “public” for “state”. Thus, in 2007, at the initiative of the European Commission to build new structures for public financial control was published a fundamental work, created by Robert de Koning named “Public Internal Financial Control (PIFC)”, which is a member of the European Commission and the head of the PIFC Group. There was a change of the named terms in translation of the work into other languages. Today, in the process of new modernization, our country is experiencing in its development along with the global economic crisis, which causes a difficult transition period on the way of becoming a rule of law and becoming a full participant in the processes taking place in the modern civilized world. Formation of the state system, which is unstable in crisis, stimulates both the increase of social tension and aggravation of the criminogenic situation, as well as slowing down the updating of the current legislation in the field of public financial control to improve its quality and efficiency both at the state and local level. Public financial control is one of the most important mechanisms of the government system.","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114706186","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}

{"title":"FEATURES OF SECURING PERSONAL NON-PROPRIETARY RIGHTS TO LIFE AND HEALTH IN THE DIGITAL ENVIRONMENT","authors":"O. V. Manzhosova","doi":"10.36059/978-966-397-182-7/106-120","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/106-120","url":null,"abstract":"INTRODUCTION The process of development of a modern information society requires changes in scientific views and established doctrinal provisions in different areas of law. Public relations in the digital environment cannot be fully regulated. This requires a new comprehensive scientific exploration, analysis of new ideas and the development of legal concepts. In our opinion, the specificity of the manifestation of personal non-property rights in the digital environment, in particular the rights to personal security, deserves special attention. The right to personal security in the science of civil law is regarded as a kind of personal non-property right of an individual having the highest social value. The right to personal security is closely linked to fundamental human rights to liberty and security of person. The current legislation of Ukraine, in particular the Civil Code, contains separate provisions on the regulation and protection of the individual's right to personal safety. The personal safety of an individual is, by its legal nature, a non-material benefit. Among the features of such a nonproprietary right, one should note the higher social value. The right to personal security is a variant of general human security and is aimed at protecting the private interest of an individual. The right to personal security is a state of protection of a particular individual from danger and is the antithesis of such legal category as risk 1 Given the significant number of threats to the rights of the individual in today's information society, it is necessary to intensify scientific research in a particular field.","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127806587","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}

{"title":"E-DEMOCRACY AND ENHANCING PUBLIC ADMINISTRATION IN UKRAINE: THE ISSUES OF TRANSITION","authors":"L. Kormych, А. І. Kormych","doi":"10.36059/978-966-397-182-7/52-70","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/52-70","url":null,"abstract":"INTRODUCTION The current Ukrainian political agenda includes a strong discourse of development of e-democracy and e-government that are viewed as one of the goals and at the same time as powerful tools of successful political and public administration reforms. However, the apparent lack of critical approach to the excising theories and practical models may influence both the efficiency of implementation and expectances of consequences of introduction of egovernment and e-democracy tools. Hence, the overview of transformation of Ukrainian public administration on its declared pass to e-democracy includes evaluating the effectiveness of models and technologies for managing social relationships and processes, as well as analyzing the main directions and forms of their regulation. In this aspect, particular importance is given to the issues of the edemocracy and e-government correlations that characterize governance in today's information society. Besides, there is important to explore the dynamics of concepts, to look at existing models from the perspective of advantages and limitations. Quality of functioning of the management system, prompt response to changing needs, tools of prospective planning, expansion of participation in management and range of methods of communication interaction – all this is a substantial filling of the process of optimization of management mechanisms. Concerning the overload of the issue with acts based on declarative norms the focus is made on distinguishing practical changes in the regulation environment of e-governance and e-democracy in Ukraine. The approach possesses the potential to reveal actual dynamics of political will and government intentions towards development of e-government solutions and encouraging the society’s e-participation. Besides it helps to disclose obstacles and national peculiarities in the field.","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123828527","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}

{"title":"LEGAL RELATIONSHIPS ON THE LOCAL BUDGETS REVENUE","authors":"A. Hnatovska","doi":"10.36059/978-966-397-182-7/20-34","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/20-34","url":null,"abstract":"","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"134 47","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113940148","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}

{"title":"CONTROL AND SUPERVISORY AUTHORITIES OF CENTRAL BANKS","authors":"A. Marushak","doi":"10.36059/978-966-397-182-7/121-136","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/121-136","url":null,"abstract":"INTRODUCTION It can be stated that in all countries with a market economy, a system of banking control and supervision operates in one form or another. Some of them have been around for over a century. In the post-socialist countries, the banking sector has been reformed in recent decades, and establishment of its supervision and oversight system has been an integral part this process. At the same time, in some countries with mature banking traditions significant changes can be seen in the concepts of building these systems, especially towards activity expansion , which involves globalization of banking activity and increasing risk of banks mastering new financial instruments and nontraditional operations( such as insurance, real estate, etc.). The institutional structure of the banking supervision system is determined by the peculiarities of historical and economic development of a country, the traditions and, to a large extent, the nature of the banking system itself. Thus, in the UK, due to the absence of antitrust laws and tight controls on the merger of banks, a high degree of bank capital concentration was achieved. Large banking associations were formed with a well-developed network of branches in the country and abroad, which concentrated a considerable share of resources, operations, and non-cash movement. The banking system concentration led to centralization of regulations and supervision functions in a single institution, the Bank of England. The situation turned out different in the USA. Unlike in the United Kingdom, many small, non-affiliated banks have remained in the United States. Therefore, there are different models of institutional patterns in the banking supervision system across the globe, but it is of great importance for all of them that the supervisory authorities have all the necessary powers for the effective fulfillment of their tasks. In addition, these powers should be provided at the legislative level. Banking supervision is aimed at maintaining the stability, reliability and efficient operation of certain components of the country's financial and banking system, primarily banks themselves. The purpose of such activity is to ensure the stable, normal functioning of the entire banking system. The experience of many countries shows that under proper management, banks can survive even in adverse economic conditions.","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134208260","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}

{"title":"TRADITIONS AND INNOVATIONS IN LEGAL DISCOURSE ON THE CATEGORIES “JURISDICTION” AND “SOVEREIGN RIGHTS”","authors":"O. Fedotov, T. Averochkina","doi":"10.36059/978-966-397-182-7/1-19","DOIUrl":"https://doi.org/10.36059/978-966-397-182-7/1-19","url":null,"abstract":"","PeriodicalId":224239,"journal":{"name":"STATE AND LAW IN THE CONTEXT OF GLOBALIZATION: REALITIES AND PROSPECTS","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122288384","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}