Analytical and Comparative Jurisprudence最新文献

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Certain aspects of criminal evidence and digital evidence 刑事证据和数字证据的某些方面
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.116
Jakub Matis
{"title":"Certain aspects of criminal evidence and digital evidence","authors":"Jakub Matis","doi":"10.24144/2788-6018.2024.02.116","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.116","url":null,"abstract":"The evolution of digital technology has revolutionized the landscape of criminal investigations and legal proceedings. This paper delves into the nuanced realm of evidence, with a particular focus on digital evidence, which has become increasingly prevalent in today's digital age. The proliferation of digital information presents both opportunities and challenges for the field of criminal procedure. Recognizing the growing importance of electronic evidence in criminal investigations, the Commission has taken proactive measures to streamline the process of obtaining such evidence. New rules have been introduced to facilitate the acquisition of electronic evidence by judicial authorities. Among these rules are provisions for the creation of a European Evidence Production Order and a European Preservation Order specifically tailored for electronic evidence in criminal cases. Furthermore, providers of electronic services operating within the European Union are now required to appoint a legal representative, further enhancing the accessibility of electronic evidence for legal proceedings. Despite these advancements, the utilization of digital evidence raises complex legal questions and challenges. This paper critically examines the various implications associated with the use of digital evidence, shedding light on issues such as authenticity, admissibility, and the preservation of digital evidence. By analyzing these aspects in depth, the paper aims to provide insights into the multifaceted nature of digital evidence and its implications for criminal procedure.In addition to addressing legal complexities, the paper also seeks to establish a foundational understanding of digital evidence by providing basic definitions and classifications. By elucidating the diverse sources and forms of digital evidence, ranging from emails and transaction records to video recordings and metadata, the paper lays the groundwork for a comprehensive understanding of this evolving field. In conclusion, this paper serves as a comprehensive exploration of the role of digital evidence in contemporary criminal investigations and legal proceedings.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"115 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988017","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
Theoretical and legal analysis of the operation of law during martial law in Ukraine 对乌克兰戒严期间法律运作的理论和法律分析
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.15
S. Tserkovnyk
{"title":"Theoretical and legal analysis of the operation of law during martial law in Ukraine","authors":"S. Tserkovnyk","doi":"10.24144/2788-6018.2024.02.15","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.15","url":null,"abstract":"The article examines the theoretical and legal aspects of the operation of law during martial law in Ukraine, which arose in connection with Russian aggression in 2022. The author analyzes the constitutional foundations and peculiarities of the operation of law under martial law, and examines the peculiarities of legislation and its application in Ukraine. Particular attention is paid to restrictions on constitutional rights and freedoms of citizens under martial law, such as freedom of movement, the right to peaceful assembly, and others. The article contains proposals for improving the legal regulation of martial law in Ukraine in order to ensure national security and protect the rights and interests of citizens. In continuation of the analysis of the theoretical and legal aspects of the operation of law during martial law in Ukraine, the article examines the mechanisms of institutions responsible for implementing legislation in times of crisis. Particular attention is paid to the role of the authorities in ensuring compliance with the rights and obligations of citizens during martial law, as well as the importance of defining procedures and control over the restriction of constitutional rights and freedoms during this period. Additionally, the article analyzes international experience and standards in this area in order to offer recommendations for improving Ukraine's domestic legislation in the context of protecting the rights and freedoms of citizens during martial law. Such an approach is aimed at ensuring national security and ensuring law and order in a crisis situation arising from aggression. The main task of law during martial law is to ensure national security and protect the rights and freedoms of citizens. However, this must be done in compliance with the basic principles of the rule of law, including transparency, legality, proportionality of measures and guarantees of judicial protection of citizens' rights. Only such an approach will ensure the effectiveness of management measures in a crisis situation, while preserving the basic values of the legal system.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"11 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988069","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
Features of the rights and obligations of the parties to the contract for the supply of energy resources through the connected network 通过联网供应能源合同各方权利和义务的特点
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.42
A.M. Ostrovskyi
{"title":"Features of the rights and obligations of the parties to the contract for the supply of energy resources through the connected network","authors":"A.M. Ostrovskyi","doi":"10.24144/2788-6018.2024.02.42","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.42","url":null,"abstract":"Contemporary technological advancements and globalization of energy markets necessitate the adaptation of legal regulations to new challenges and opportunities. The contract for the supply of energy resources through an interconnected network becomes a strategically important instrument for ensuring energy supply stability and competitiveness of energy enterprises. However, there are specific legal and obligatory aspects that require attention to ensure effectiveness and understanding of parties' obligations. This scholarly article is dedicated to analyzing the peculiarities of legal regulation and obligations of parties in the context of contracts for the supply of energy resources through interconnected networks. Starting with an overview of existing regulatory acts, the study examines the main issues arising in the context of such contracts, including responsibility for service quality, price and tariff regulation, as well as resolution of legal disputes in the context of contract breaches. Special attention is paid to analyzing practical challenges faced by parties entering into such contracts, as well as seeking optimal solutions to enhance the effectiveness of contracting and implementation. The author of the scholarly article also considers potential directions for reforming legal norms and regulatory mechanisms to ensure stability and transparency in the field of energy supplies through interconnected networks. The results of the conducted research reveal that contract for the supply of energy resources through interconnected networks are complex legal instruments requiring careful legal analysis and regulation. The findings of the study may serve as a basis for further reforms in the field of legal regulation of the energy sector and contribute to improving the conditions for concluding and implementing contract for the supply of energy resources through interconnected networks, ensuring sustainable and efficient functioning of the energy market.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 468","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989813","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
Control of compliance with norms of international humanitarian law when using weapons controlled by artificial intelligence 在使用人工智能控制的武器时对遵守国际人道主义法准则情况的控制
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.129
T. Fedchuk
{"title":"Control of compliance with norms of international humanitarian law when using weapons controlled by artificial intelligence","authors":"T. Fedchuk","doi":"10.24144/2788-6018.2024.02.129","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.129","url":null,"abstract":"Efforts by states to regulate the development of technology become a unique problem when it comes to artificial intelligence (AI). It is impossible to predict all possible consequences of its use in the military sphere, making a choice in favor of its advantages. The world has realized the fact that the use of weapons controlled by AI requires not only legal regulation, but also control of compliance with international legal norms, revision of methods of warfare in accordance with the new reality. The definition of what constitutes an \"weapon with artificial intelligence”, \"artificial intelligence” itself, and their legal status - remain open to interpretation in technical, military and legal circles. \u0000The article analyzes separate issues of regulating the development, distribution and use of weapons with artificial intelligence (hereinafter - AI). It is emphasized that although AI systems are a fundamentally new way of waging war, controlling their use and imposing restrictions does not constitute a completely new task for international humanitarian law (hereinafter - IHL). It is still based on the established principles that were used to regulate existing types of weapons and should be extended to the use of anti-aircraft weapons: the principle of distinguishing targets, the principle of proportionality, the principle of using precautionary measures during an attack. \u0000At the same time, AI has a number of characteristics that make it difficult to control. As a general-purpose technology, AI has many non­military and defense applications. Unlike military technology, it is developed primarily in the civilian sector. And although the widespread use of AI calls into question a complete ban on its military use, the international community should work together to regulate or ban certain types of military AI use. \u0000The optimal solution to the problem could be the adoption of a corresponding international codified act, which would define the concept, regulate the creation and application of autonomous systems of the ZHI, as well as contain mechanisms of control and responsibility for violations of these norms.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"9 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987948","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
Ensuring compliance of laws on lustration with the requirements of a state based on the principle of the rule of law: European standards 确保肃清法符合法治国家的要求:欧洲标准
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.128
Yu.A. Slyusarenko
{"title":"Ensuring compliance of laws on lustration with the requirements of a state based on the principle of the rule of law: European standards","authors":"Yu.A. Slyusarenko","doi":"10.24144/2788-6018.2024.02.128","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.128","url":null,"abstract":"A range of international acts of a regional nature, which are designed to restore a civilized, liberal state based on the principle of the rule of law, as well as those international acts that regulate social relations arising in the member states of the Council of Europe during the purge of power, have been identified. Resolution of the Parliamentary Assembly of the Council of Europe No. 1096 (1996) \"On measures aimed at eliminating the legacy of former communist totalitarian regimes” was analyzed. Attention is focused on such negative phenomena, which are indicated in it and which, despite the fact that regulatory and organizational and legal mechanisms for the purification of power were created, could not be eradicated, which led to threats to the newly created democracy. Attention is drawn to the application of procedural means inherent in such a state, as well as to the balance that must be observed in their application, so that a state with a young democracy does not become no better than a totalitarian regime that must be eliminated. It is emphasized that human rights in themselves are a value and rights should be ensured even to those people who, when they were in power, did not observe them themselves. \u0000The Guiding Principles for ensuring compliance of lustration laws and similar administrative measures with the requirements of a state based on the principle of the rule of law have been analyzed. The following requirements for the national legislation on the purification of power are singled out: 1) lustration is directed at the following two threats: a threat to fundamental human rights and a threat to the democratization process; 2) prohibition of revenge, including political revenge; 3) prohibited by abuse of the results of the lustration process (including - prohibition of police abuse; prohibition of social abuse); 3) the purpose of lustration is to protect the newly created democracy; 4) creation of a special independent commission on lustration, which includes citizens respected by society; 5) lustration is applied to a subject who holds a specific position and uses this position to commit actions/inactions that pose a threat to the creation of a free democracy - uses the position to violate human rights, block democratic processes; 6) the range of positions to which lustration is applied must be limited; 7) grounds for choosing positions for lustration - civil service positions that involve significant responsibility for defining or implementing state policy and measures related to internal security or civil service positions that involve issuing an order and/or committing a violation of human rights (law enforcement agencies, service security and intelligence, judicial authorities and prosecutor's office); 8) the term of deprivation of office on the basis of lustration - no longer than five years; 9) persons who gave orders, committed or significantly contributed to the commission of serious violations of human rights may be pro","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"118 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988106","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
Impact of globalization on the security of the nation-state: legal and criminology aspects 全球化对民族国家安全的影响:法律和犯罪学问题
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.99
O. V. Lemak
{"title":"Impact of globalization on the security of the nation-state: legal and criminology aspects","authors":"O. V. Lemak","doi":"10.24144/2788-6018.2024.02.99","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.99","url":null,"abstract":"The article is devoted to the analysis of the main aspects of the impact of globalization on the security of the national state, as well as certain threats associated, on the one hand, with the active expansion of the social and state nature of unresolved problems of individual societies beyond their natural territories, and on the other hand, with a decrease in the level of management of society at the level of the nation-state itself. \u0000The purpose of the research was to determine the essence of globalization as a phenomenon, its economic, political and social aspects, risks and challenges, as well as the peculiarities of the functioning of the institution of the welfare state in the conditions of globalization, where the problem of the principles of coexistence of states, their citizens, as well as the peculiarities of the organization and regulation of all existing relations, where it is necessary to preserve the state (national) identity and at the same time take into account or join the world experience, organize life in accordance with this experience. \u0000The article examines the problems of issues related to globalization, which is manifested in ascertaining both positive and negative trends of this process. Much attention was paid to establishing the economic, political, legal and criminological causes, social prerequisites and consequences of the influence of the inevitable processes of globalization on conflicts for the equal distribution of material goods, the economic dependence of some countries on others, the growth of poverty, national and international crime, the strengthening of social and economic tensions due to the failure of competition in the global economy, the spread of economic and financial crises, which many countries are unable to withstand. \u0000The issues and directions of international legal and organizational-institutional organization of counteraction and compensation of the impact of uncontrolled globalization on the national state in the direction of the formation of a modern social state as a legal, democratic state that ensures fundamental human rights and freedoms, dignified conditions for its existence, safety and well-being have been studied. \u0000An analysis of the relationship and interdependence of the globalization of crime with the consequences of economic, political, technological and cultural globalization was carried out, where the spread of interdependence between countries in the sphere of economic relations, credit and banking activities, political and cultural interactions, as well as the growth of cooperation in the technical and technological spheres leads a natural reproduction of criminal practices in them. \u0000It is concluded that the process of globalization of the entire world is an inevitable, objective, and to a large extent a natural process of human development, but this process is only indirectly managed and in the interests of the competitively oriented most influential world centers, primarily ","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988238","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
Legal security of mediation in Ukraine: shortcomings and prospects for improvement through the prism of the experience of the countries of the European Union 乌克兰调解的法律保障:从欧洲联盟国家经验的角度看不足之处和改进前景
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.6
I. Lukashevych
{"title":"Legal security of mediation in Ukraine: shortcomings and prospects for improvement through the prism of the experience of the countries of the European Union","authors":"I. Lukashevych","doi":"10.24144/2788-6018.2024.02.6","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.6","url":null,"abstract":"In the content of the article, the author investigated the peculiarities of the legal provision of mediation in Ukraine and the countries of the European Union. Despite the fact that today in legal science, a significant body of scientific works has been formed, which relate to certain aspects of mediation, it is worth noting that the issue of legal support for mediation in Ukraine has not been properly studied scientifically. Modern studies of the legal provision of mediation are especially relevant, given the high degree of its variability in Ukraine. On the basis of a critical analysis of the provisions of Ukrainian legislation in the field of mediation, its shortcomings and prospects for improvement were determined. The following are noted as shortcomings of the legal provision of mediation in Ukraine: a) the absence of provisions that would regulate the issues of mediation procedures, in particular before submitting an appeal to the court, during court proceedings, as well as during the execution of a court decision, etc.; b) inconsistency of its categorical and conceptual apparatus with established legislative terminology (for example, the terms \"conflict” and \"dispute”); c) inaccuracy of the legal provision of mediation principles; d) superficial, too general regulation of the mediation process itself; e) failure to take into account the European standard of mediation transparency, etc. The analysis of the peculiarities of the legal provision of the EU countries (France, Germany, Italy, Austria, etc.) made it possible to substantiate the prospects for improving the legal provision of mediation in Ukraine. It is summarized that the Ukrainian legislation has experienced legal transformations in the field of mediation, moving from the least effective and least reliable informal model to a specialized model by adopting the framework Law of Ukraine \"On Mediation”. In our opinion, the most effective model of legal support for mediation is the specialized model chosen by Ukraine, which, among other things, should be complemented by effective mechanisms of self-regulation of this legal activity through the development and application of acts of the so-called \"unofficial law” adopted by professional associations of mediators. The combination of the legal regulation of mediation in Ukraine was noted: a) the typicality of the law \"On Mediation”, which established the legal foundation of mediation and regulated the most general and important issues in this area; b) self-regulating mechanisms of mediation, designed to ensure a quick response to the dynamic development of mediation and relations where it should be applied.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"6 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988307","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
Corruption risks during public procurement in the conditions of military status 军事状态下公共采购的腐败风险
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.70
A. Harbinska-Rudenko, O.O. Pokutnii, V.R. Shymko
{"title":"Corruption risks during public procurement in the conditions of military status","authors":"A. Harbinska-Rudenko, O.O. Pokutnii, V.R. Shymko","doi":"10.24144/2788-6018.2024.02.70","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.70","url":null,"abstract":"This article examines the content of corruption, its definition and impact on legal relations, in particular in the public procurement system. The damage of corruption in the system of budgetary legal relations and the set of measures that can be applied to minimize manifestations of corruption in the system of public procurement are indicated. \u0000It was analyzed that budgetary legal relations, as a system regulating the formation, distribution and use of budget funds, are extremely vulnerable to corruption risks. The efficiency and transparency of public procurement should ensure the stable development of the country, guarantee the well­being of citizens and provide opportunities for the implementation of important social and economic programs. It is argued that corruption in budgetary legal relations is not just individual cases of misconduct, but a systemic problem that has a significant negative impact on all spheres of the state's life. \u0000The system of corruption risks identified by the National Agency for the Prevention of Corruption of Ukraine in the field of public procurement and ways of solving them are analyzed. \u0000It was determined that the negative consequences of corruption in the public procurement system form such key corruption risks as overestimating the value of the price offer and obtaining illegal profits by bidders; waste of state funds; collusion between the participants and the customer for the purpose of obtaining an illegal benefit and others. \u0000The authors summarize that overcoming corruption in the field of public procurement requires complex measures, namely improving legislation, increasing the effectiveness of anti­corruption bodies, ensuring their independence and applying effective accountability. \u0000It is concluded that corruption in budgetary legal relations is a systemic problem that carries significant risks for the sustainable development of Ukraine, affects the decrease of budget revenues, inefficient use of budget funds, undermines trust in the authorities and affects the financial security of the state's needs.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"121 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987248","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
State social standards and norms in the system of social protection 社会保障体系中的国家社会标准和规范
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.51
V.V. Andreev, V.O. Timashov
{"title":"State social standards and norms in the system of social protection","authors":"V.V. Andreev, V.O. Timashov","doi":"10.24144/2788-6018.2024.02.51","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.51","url":null,"abstract":"The article analyses the concepts of social standards and norms, the subsistence minimum as one of the basic indicators for providing various types of benefits, their objectives, scope and peculiarities of legal regulation. The formation of a system of social standards and norms and the role of the subsistence minimum in social protection of citizens are studied. \u0000A state that recognises itself as a state governed by the rule of law and social justice must ensure a living wage that covers the real basic needs of its citizens. The basic social standard should embody the idea of social justice and equalise incomes by means of its real size. Social payments from the state budget should not vary hundreds or thousands of times in material payments to different segments of the population where the subsistence minimum is used as the state standard. It is emphasised that the legislator uses a diverse approach to determining the level of low- income citizens, since it is not the same in legal acts, and the subsistence minimum is recognised as the main social standard at the state level. \u0000It is noted that the subsistence level set by the Law of Ukraine «On the State Budget for the respective year» is almost half as low as the actual cost of living of the main population groups. Most social payments do not meet the basic needs of citizens and their families, and state budget funds are distributed in violation of the principle of social justice, which leads to dissatisfaction among a significant number of citizens. \u0000The state reduction of the social standards of the population is proved. It is concluded that basic social standards and norms should be revised towards their increase to ensure a decent standard of living for citizens. It is proposed to adhere to the principle of social justice when assigning various types of payments provided at the expense of the State budget in order to reduce social tension in society. The State must comply with the constitutional provision on ensuring the standard of living of citizens for themselves and their families, as set out in Article 48 of the Basic Law.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"112 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987655","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 and legal foundations of the development of insurance in the Republic of Italy: theoretical and legal analysis 意大利共和国保险业发展的历史和法律基础:理论和法律分析
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.38
I. Machuska, S.B. Nedilchenko, I.V. Argatiuk, I.P. Leshchenko, V.V. Burliy
{"title":"Historical and legal foundations of the development of insurance in the Republic of Italy: theoretical and legal analysis","authors":"I. Machuska, S.B. Nedilchenko, I.V. Argatiuk, I.P. Leshchenko, V.V. Burliy","doi":"10.24144/2788-6018.2024.02.38","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.38","url":null,"abstract":"The article examines the historical and legal aspects of the development of insurance and the legal regulation of insurance relations in Italy. It is noted that the foundations of insurance relations and their legal regulation were observed in many countries of modern Europe, including Italy. \u0000It has been investigated that the first forms of insurance in Italy were observed as early as the times of the Roman Empire in the form of activities of religious societies and military colleges. It has been proven that the initial forms of insurance in the Roman Empire were built on the basis of the common interests of the participants, were non-commercial in nature and were not aimed at making a profit. \u0000It was established that from the 13th century. in Italy, there are mutual aid associations, which were created within the framework of craft guilds, which aimed to help their members in the event of certain insurance cases. It has been studied that starting from the 13th century. Italy becomes the center of marine insurance formation, centered in Genoa, Florence and Venice. The article states that the legal regulation of marine insurance was carried out in accordance with the norms specified in the Pisa Statute and other legislative acts, as well as insurance contracts that had a notarized certificate. It is noted that at the end of the 13th century. special courts were established to resolve disputes in the field of marine insurance. \u0000It has been studied that starting from the 14th century. in Italy, the formation of commercial insurance was observed, which was regulated by the Venetian Code of Marine Insurance and the Florentine Ordinance of 1523. It was analyzed that in the 15th-16th centuries. Art. in Italy, such types of insurance as dowry insurance, as well as annuities, tontines and loans, bets have become widespread. It was found that starting from the 18th century. in Italy, insurance companies are created in the form of joint-stock companies, marine insurance is provided by the Maritime Exchange Insurance Chamber, and fire insurance is developed. \u0000It is noted that since the XX century. in Italy is developing life insurance. It has been established that today Italy is one of the leading states that carries out insurance activities on the market of insurance services.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 620","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989407","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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