THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE最新文献

{"title":"Perceiving the legal category of «dignity» in the legal approaches of the Islamic world","authors":"M. Marchenko","doi":"10.33663/2524-017x-2021-12-31","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-31","url":null,"abstract":"The right to human dignity respect is the fundamental aspect for any developed country and its legal system, where human dignity usually takes the most central role. However, taking into account certain provisions of the customary law and its origins, certain cultural or religious aspects in forming the legal regulations, specific court decisions and precedents,it is fair to say that the views on dignity within different legal systems will differ in their own way.\u0000\u0000In the context of the above, the countries of the Islamic world are no exception, as the study of dignity as a legal category through the prism of Muslim legal experience cannot be separated from the religion. That is because Muslims, as followers of Islam, have their own unique perception of the world based primarily on the ancient religious customs, traditions, beliefs, etc. \u0000\u0000The Islamic concept of human rights, in comparison with, for example, the Romano-Germanic approaches, does not emphasize the natural origin of rights and freedoms, because its foundation is based on other sources and other values, which in essence constitute the content of the Islamic world order.\u0000\u0000According to some researchers, the Islamic legal concept is based on such principles as: dignity and brotherhood; equality of all members of Islamic society, without division on the basis of race and colour or social status; respect for the honour, reputation and family of each individual; presumption of innocence and personal freedom.\u0000\u0000By studying dignity as a legal category through the prism of Islamic religious and legal principles, one can’t but highlight the fact that one of the specifics of such a legal family is the realization that rights and freedoms are the gift of Allah, and rights and freedoms are based on a certain sacred meaning that constitute the will of the Almighty. That is the reason why the dignity in the Muslim world perception is considered something divine, as human rights in Islam derive their power not from the will of the state or representatives of the government machine or human nature, but only from the will of the Creator. Given the sacred content of dignity as a multifaceted category in Muslim law, it is strictly forbidden to take action against a person’s authority, honest name, reputation and position in society.\u0000\u0000Keywords: human dignity, Islamic law, rights and freedoms, Islam.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"48 5 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":"125911408","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":"The history of the emergence of ideas about the principle of reasonableness in the mechanism of interpretation of law","authors":"B. R. Strashinsky","doi":"10.33663/2524-017x-2021-12-40","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-40","url":null,"abstract":"The issue of the history of the origin of ideas about the principle of reasonableness in law occupies a central place within the study of historical and legal aspects of the principles of law in general. The author proves that the ideas about the principles of law in general are marked by the historical duration of their formation and development, and today the legal doctrine is represented by a wide range: a) worldview and scientific ideas of thinkers of antiquity; b) various theoretical and practical ideas of philosophers of the medieval period; c) scientific works of the Modern Age and the Enlightenment; d) innovative concepts and theories put forward by modern philosophers, modern jurists, political scientists, philosophers and scientists (both representatives of legal sciences and other branches of scientific research). In addition, the paper analyzes the history of the origin of worldviews and scientific ideas about the principle of reasonableness in law, as well as identifies the factors that led to its separation as an object of scientific knowledge.\u0000\u0000It is substantiated that thinkers of the Antiquity period comprehend and reveal the ideas of reason in law (law) through a set of other concepts and categories that form a connection with this ideological principle, namely: the logos, which is defined as the eternal world order; law, legislative activity as a manifestation of the logos, the ability to formalize the logos; wisdom as a result of education and human experience, public interests and balancing the interests of various subjects of social relations; common sense, etc. Summarizes the position that in the views of thinkers arises and develops the worldview that law is a product of mental human activity, which should be educated, vitally wise, and therefore able to think, analyze the objective needs of society, distinguish between «good» and «evil». This idea became a component of sophistry, which later in the views of Roman jurists expanded and rethought in terms of lawmaking and law enforcement on the mental abilities of man, who invest in the content of laws rational ideas and able to understand and apply them with the mind. It is stated that despite the fact that in the legal teachings of antiquity the principle of reasonableness in law has not yet become an independent subject of worldview or scientific understanding, nor has it been singled out as a separate legal category, it should be noted the research interest of ancient thinkers in development and improvement law, its nature, essence and functional purpose, actions and effectiveness, which are understood, including through the prism of ideas about human wisdom (mind), rationality in law, features of the implementation of law in human consciousness and behavior.\u0000\u0000Keywords: law principles, functions law principles, principle of reasonableness in law, role of principle of reasonableness in law, system law principles.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"53 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":"124618295","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":"Interpretation of law by the court as an element of legislation","authors":"O. Koban","doi":"10.33663/2524-017x-2021-12-26","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-26","url":null,"abstract":"The article examines the problem of the essence and content of judicial interpretation, its characteristic features. The goal of a casual court interpretation is the correct understanding of the content of the norms of law, and the task is to individualize legal regulations. Acts of casual court interpretation are «samples» for lower courts, given that they are always guided by the practice of interpretation. The article also deals with the theoretical aspects of the institute of interpretation of law by court, its gist, and legal nature; explores the views of the Ukrainian and foreign scientists on the subject. The article also deals with relevant to modern legal practice issues of judicial interpretation.\u0000\u0000The peculiarity of the casual interpretation is that it has a person-oriented character and is relevant to specific circumstances. A casual interpretation can not go beyond the boundaries of a particular legal case and apply to similar cases. The difference between the normative interpretation and the casual is that the former may extend to an unspecified range of cases, and the second one to the incident that was the subject of a dispute. Subjects of casual interpretation are the judicial and administrative bodies. Clarification of the content of the law by the judiciary is a judicial interpretation. The official constitutional interpretation of the Constitutional Court of Ukraine is carried out in providing opinions on cases of constitutionality of laws and other legal acts, compliance with the Constitution of Ukraine of international treaties, adherence to the procedure of investigation and consideration of the case of removal of the President of Ukraine from office in the order of impeachment. The supreme court’s interpretation of the case largely influences judicial practice. Courts, in court cases, carry out a casual interpretation of the rules of law and develop case-law on the application of the rules of law. The casual judicial interpretation is the interpretive activity of the court in the process of reviewing and resolving court cases (or in the order of their review by the appellate or cassation instances), the purpose of which is a correct understanding of the content of the legal norm. His task is the individualization of legal requirements, and the result is binding only for a specific court case and parties involved in it. The acts of the casual interpretation of the higher judicial bodies are «samples» for lower courts, given that they are always guided by the practice of interpretation and application of the law by the highest judicial authorities and, as a rule, follow it. Characteristic features of the casual judicial interpretation is that its subjects are judges of all courts, it is directed at the consideration and resolution of a particular court case, the results of such an interpretation are binding only for the parties to a specific court case and are fixed in the motive part of the decision.\u0000\u0000Keywords: court, casua","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"1 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":"129956954","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":"Interpretation in modern legal literature on the functioning of private and public law","authors":"N. Teremtsova","doi":"10.33663/2524-017x-2021-12-43","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-43","url":null,"abstract":"The article is concerned with problem of interpretation the public and private law. At the beginning of the article the author describes the imperfection of approaches to differentiation.The article examines the topical issue of general theory of law, which contains a delicate phenomenon that has existed for a long time, but during all this time has not developed a common understanding of its basic parameters, and therefore remain controversial theoretical foundations for construction and operation. Its existence raises a number of very important questions about properties for the legal community. At the moment it is not possible to assert the presence of the same understanding of the essence of separation of the right to private and public. Different scientific schools actually offer his vision within the Ukrainian legal system and traditional doctrine. It would be wise to mention here at the present stage of development of legal matter, it is necessary to make some adjustments to the traditional theory of law, as well as some provisions of the law regarding the division of law into private and public. In brief each new field studied by scientists is a legal phenomenon, but when applying general theoretical conclusions to it, it is necessary to take into account the specifics of the object under study in terms of the general theory of law. To conclude a pattern that allows to establish two objectively independent branches of law, linking them to the manifestations of public and private foundations, and to represent the spread of rights to private and public, as it is not just a classification, but conceptual, concerning the most fundamental rights of each place and role in human life, its defined values, continues in the theory of law today.\u0000\u0000Keywords: public law, private law, legal system, legal science, branches of law.\u0000\u0000References","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"1 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":"130698645","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":"Problem issues of interpretation of doctrinal errors","authors":"N. Onishchenko","doi":"10.33663/2524-017x-2021-12-3","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-3","url":null,"abstract":"An interesting and little-studied issue of modern domestic doctrine is the issue of legal errors, in particular the relevantproblems of interpretation of law. After all, the analysis of their essence, nature and ways of prevention is one of the most important issues of improving legal practice in general and increasing the effectiveness of legislation in particular.\u0000\u0000In this scientific research the task of studying the problem of doctrinal interpretation of law is set. It is safe to say thatin general this topic is considered studied, discussed and systematized. Moreover, at the doctrinal level, this is confirmed more and more accurately than in view of its practical application.\u0000\u0000The research was based on the following: recent problems related to the legal practice of the CCU; related to theconduct of an external independent evaluation or the cancellation of the state final certification; passing exams in schools and colleges - a lot of regulatory issues that are dictated by the new realities of life in a pandemic.\u0000\u0000The article highlights the types of legal errors, subjective and objective factors of their occurrence. A special vector of consideration is devoted to doctrinal legal errors and ways to prevent and eliminate them in the context of legal interpretation practice.\u0000\u0000After a definitive list and analysis of research and publications, the author turned to the essence of the issue. Legal error is most often interpreted as a negative result due to unintentional, incorrect actions of legal entities (bona fide error).\u0000\u0000The value of this work is to obtain practical advice on effective means of combating doctrinal errors.\u0000\u0000Keywords: interpretation of legal norms, error, legal error, types of legal errors, doctrinal legal error, precautionary measures","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"34 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":"114072880","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":"Human rights in Ukraine: current challenges and threats","authors":"L. Makarenko","doi":"10.33663/2524-017x-2021-12-13","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-13","url":null,"abstract":"The article analyzes the problematic issues of modern society, identifies challenges and threats to human rights in Ukraine. In this context, it is emphasized that man, his various needs and interests (material, spiritual and others) should become for the state is not a means but a primary goal. The principle of respect for human rights is a fundamental principle of the law of all civilized nations.\u0000\u0000It is emphasized that in the everyday imagination a person is a person when he does not do what is dictated to him by others, but what he analyzes (even if it is dictated by others), evaluates whether or not to make a decision accordingly. A person remains free if he realizes the need to perform this action and is convinced of its value and optimality. For a person with a conscious sense of self-worth is characterized by the fact that, acting in one way or another under the direct action of external pressure, he is guided by his own beliefs, does as his dignity suggests. And this is a manifestation of the moral freedom of the individual.\u0000\u0000Corruption, legal nihilism and abuse of law are characterized as powerful destructive elements in the process of realization of human rights and freedoms.\u0000\u0000It is argued that the main entity that should address these challenges, which undermine the foundations of humanrights and freedoms in Ukraine, is the state whose activities should be aimed at creating such legal values that provide newopportunities for progressive development of the national legal system, increase the role of law in society and the effective provision of human rights and freedoms.\u0000\u0000Keywords: person, personality, human rights, corruption, legal nihilism, abuse of law, responsible state","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"24 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":"114214939","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":"Variety of theoretical approaches to legal interpretation","authors":"A. Shevchenko, S. Kudin","doi":"10.33663/2524-017x-2021-12-17","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-17","url":null,"abstract":"The article explores the variety of theoretical approaches to legal interpretation. It has been determined that the variety of approaches to legal interpretation is due to the complexity of the nature of the origin of this phenomenon, the conditions for the development of post-non-classical science, and the recent influence of the paradigm of comparism, which assumes pluralism of opinions and ideas in legal research. It was found that in modern science there are four traditional theoretical approaches to the essence of legal interpretation. It has been determined that the content of the first approach is revealed within the framework of legal hermeneutics through a number of categories. The essence of the second approach (formal dogmatic or static) is expressed in the fact that the subject of interpretation must strictly and rigorously follow the letter of the law, establish only the meaning of the normative legal act, which the lawmaking body enshrined in it at the time of the publication of the act. That is why normative legal acts cannot, through interpretation, adapt to the changing economic, social, political, cultural internal and external conditions of public life.\u0000\u0000It is proved that the essence of the dynamic theoretical approach lies in the fact that the subject of legal interpretation adapts the normative legal act to the changes that occur in various social relations. It was found that there is a contradiction between the dynamic and static approaches in legal interpretation, which is reflected in the traditionally called objective and subjective theories of interpretation. According to the subjective theory, the purpose of legal interpretation is to establish the «will of the legislator», and according to the objective theory – to establish the «will of the law». It has been substantiated that the essence of the activity approach is that interpretation is considered as a special kind of legal activity aimed at understanding and clarifying the content of legal texts.\u0000\u0000The authors of this article point out that in order to establish the true nature of legal interpretation, the methodological foundations of the study should be presented much broader and more diverse, and not be limited only to traditional approaches. When studying it, a comprehensive, integrative approach is needed, which, based on the relevance of interdisciplinary relationships, would include logical, language (linguistic), philosophical, sociological, psychological, axiological (value), ethical, legal, historical, economic, political, mathematical and other substantiation of legal interpretation.\u0000\u0000Keywords: diversity, theoretical approach, legal interpretation, interpretive practice, integrative approach","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"30 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":"134377110","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":"Human rights in a democratic society","authors":"T. O. Chepurchenko","doi":"10.33663/2524-017x-2021-12-45","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-45","url":null,"abstract":"The basic law of our state, which has constitutionally declared itself to be legal and democratic, contains a provision according to which a person is recognized as the highest social value. In view of this, the article characterizes the understanding and content of human rights in a democratic development. It is noted that democratic values are based on human rights and freedoms, which are an integral part of law and legislation. The law must be legal. It is not so if it contradicts fundamental human rights: it does not reflect natural and legal principles; does not comply with generally accepted international legal principles and norms on human and civil rights, etc.These aspects characterize the content of human rights in a democracy.\u0000\u0000It is emphasized that democracy is first of all a system of carefully prepared and strictly observed laws that regulate all spheres of life of the state, guarantee the rights and responsibilities of citizens. Therefore, the development and strengthening of a democratic, social, legal state is impossible without the establishment of human rights and freedoms. The existence of human rights and freedoms and their guarantee are a kind of external method of limiting power, which always seeks to self-expand and strengthen its presence in all spheres of human life.\u0000\u0000Under the normal interaction of power and law, which is quite natural in a democratic society and state system, thereis their mutual enrichment. It is then that the provisions and formulas on the «rule of law», «rule of law», «rule of law» acquire real significance.\u0000\u0000A political regime will be democratic only if it represents the interests of the general population. The political elite must rule in the interests of the majority of society, not for the benefit of the privileged minority. Democracy is based on the value of every human being, so it strives to create civilized living conditions for all citizens.\u0000\u0000In conclusion, the thesis is emphasized that human rights are a universal category that originates from the very nature of man and his ability to enjoy the basic, most important benefits and conditions of safe, free existence of the individual in society.\u0000\u0000Keywords: power, democracy, democratic values, law, rule of law, human rights and freedoms.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"60 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":"125053227","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":"Doctrinal legal consciousness and professional legal consciousness of a lawyer: the relationship and significance for society","authors":"A. А. Shelyh","doi":"10.33663/2524-017x-2021-12-55","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-55","url":null,"abstract":"The focus is on the legal awareness of legal scholars and legal practitioners. However, before we begin to consider the features of these types of legal consciousness, we need to clarify the concept of legal awareness, which is the cornerstone of our study. Note that the study of this concept has a long history, dating back to antiquity. Philosophers, and later scientists, tried to define the phenomenon of legal consciousness. It is the long historical process of forming ideas about legal consciousness that has led to the existence of many different definitions of this category.\u0000\u0000First of all, it is necessary to pay attention to the importance of this type of legal awareness, because legal doctrine plays a key role in the process of lawmaking and law enforcement. A striking example is the legislator’s appeal in the process of rule-making to the basic dogmas of law and morality, to the ideas of natural law, and in the event of conflicts – to various scientifically sound ways to solve them. In addition, in Ukraine it should become a rule for deputies to seek advice from the country’s leading scientists to ensure the effectiveness of rule-making. However, deputies usually do this infrequently or do not take into account the opinions of reputable scholars, which has a negative impact on the state of Ukrainian legislation. In order to understand the value of a scientist’s opinion, it is necessary to find out the features of scientific legal consciousness. Scientific legal consciousness is a set of ideas, concepts, views that reflect a systematic, theoretical knowledge of law.\u0000\u0000The legal consciousness of a scientist, in contrast to the everyday legal consciousness of a citizen, is formed through a deep and thorough study of socio-legal reality. Legal awareness of legal scholars is formed on the basis of purposeful research using special methods of cognition, which provide for the establishment of truth as a result of systematization, generalization of the obtained reliable facts relating to legal reality.\u0000\u0000The complexity of doctrinal legal consciousness is due to its versatility, because this type of legal consciousness is characterized by a synthesis of elements of political, moral, religious and economic consciousness. It is also important to remember that doctrine is recognized as a source of law and therefore creates a legal relationship. Therefore, scholars face an important and responsible task - to form a high-quality, meaningful and effective doctrine that will be an important source of law and which will prevent the formalization of law and its «death».\u0000\u0000Attention is paid to the complexity of lawyers. In particular, it is the presence of high requirements for his business and moral qualities. Knowledge of social norms, stable immunity to legal nihilism and immorality, upbringing, excluding motives of personal impartiality, subjectivism, abuse of power or official position, a morally stable person – these are the main qualities of the character","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"87 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":"124414790","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":"On certain terms and definitions in the legislation on gender equality","authors":"N. O. Paliy","doi":"10.33663/2524-017x-2021-12-38","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-38","url":null,"abstract":"The article reveals the issues of defining terms (concepts and definitions) in gender legislation. The author pays special attention to the definition of the term «vulnerable groups» and the definition of «women from vulnerable groups».The purpose of the study is to analyze certain terms and get acquainted with international experience in order to use certain initiatives in Ukrainian legislation to achieve gender equality. The term of vulnerable groups exists in everyday life,but there is no unified term and a clear understanding of what categories are attributed to women from vulnerable groups.\u0000\u0000Existing research, current Ukrainian and European legislation, and international human rights practice conclude that it is vulnerable groups of populations are most prone to discrimination. For such categories of persons, discrimination may contain signs of plurality, namely exacerbated by signs of ethnicity, disability, age, and so on.\u0000\u0000Scrutinize approach to determining the criteria for women’s vulnerability will allow to provide better social services that will be targeted at certain categories of people to achieve the best results.\u0000\u0000It is important to develop comprehensive measures that address the problems and needs of certain categories of people and groups. The introduction of targeted approaches to implement the specific needs of each group are necessary measures.\u0000\u0000In the course of the research the Ukrainian legislation and international practice on defining the term vulnerable categories of persons and women from vulnerable groups were analyzed. \u0000\u0000Ensuring equality of rights is especially important for women from vulnerable groups. Therefore, determining which categories of women can be classified as «vulnerable» is a necessary component of the legal framework.The practical significance of this article is the need to determine the category of women from vulnerable groups and vulnerability criteria. A clear normative definition will provide a better understanding of the needs of such groups and take special measures to ensure their rights in a targeted and effective manner.\u0000\u0000Keywords: women from vulnerable groups, legislation on gender equality, vulnerable categories of persons, terms in gender legislation.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"283 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":"132567551","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}