Analìtično-porìvnâlʹne pravoznavstvo最新文献

{"title":"Prevention of smuggling of narcotic drugs, psychotropic substances, their analogues and precursors","authors":"V.V. Vasylevich, Yu.O. Levchenko","doi":"10.24144/2788-6018.2023.04.56","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.56","url":null,"abstract":"The article notes that the smuggling of narcotic drugs, psychotropic substances, their analogues and precursors is one of the main sources of filling the black market with drugs. Europe has become a priority market for drug manufacturers and suppliers. Ukraine occupies a certain place in their plans. It is located at the crossroads of several international drug transit routes. Therefore, the illegal circulation of narcotics at the regional, national and international levels has reached large scales, and the international criminal activity associated with it poses a threat to the security of the sovereignty of states. Part of transit drugs remains in Ukraine. This, to a certain extent, determines the fact that in recent years in Ukraine there has been a spread of drug addiction and an increase in crime related to it.Therefore, it is no coincidence that the Government has put the problem of effective countermeasures against the spread of drugs and drug-related crime in Ukraine among the most important. A particular threat to the country is illegal activities related to the sale of opium, heroin, cocaine, and synthetic narcotic drugs that illegally cross the territory of Ukraine. The state is actively working to identify and arrest smugglers who try to illegally transport drugs through its territory.The article notes that the considered problem is complex and requires joint efforts of the government, law enforcement agencies, public organizations and the whole society. Implementation of effective strategies and programs aimed at preventing smuggling and reducing the spread of drugs will be an important step towards ensuring the security and well-being of the country.In general, the article highlights the seriousness of the problem of drug smuggling and shows the presence of real threats to Ukraine, calling for active measures to combat the illegal circulation of narcotic substances on the territory of the country.Undoubtedly, the success of the fight against crimes related to drug trafficking, including smuggling, depends on the compliance of the current legislation with modern realities and its effectiveness in judicial practice.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134914013","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":"Pandemic and the constitutional law in the Czech Republic","authors":"A. Váňa, Z. Koudelka","doi":"10.24144/2788-6018.2023.04.12","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.12","url":null,"abstract":"The Covid or Chinese flu pandemic put a number of countries in a state of emergency. Whether this state is explicitly a state of emergency is not decisive, since various legal systems use various terms, but it is decisive that in respect of its power the Czech state uses collective and blanket bans to regulate persons differently than under normal conditions.The article deals with the impact of the Covid pandemic on the legal system. It points out to the deficiencies in the current legislation. Its basic idea is that the fundamental legal solution to states of emergency must be represented by constitutional regulation. It determines areas in which the Constitutional Act on the Security of the Czech Republic should be amended. Constitutional embodiment of emergency lawmaking with executive power is suggested along with introducing controls by the Chamber of Deputies and with obligatory inspection of emergency legislation acts by the Constitutional Court. It is also suggested for a form of legislation to be thoroughly used for blanket bans and orders in preference to a form of a special administrative decision – measure of a general nature.The experience with the Covid pandemic approved that the legal solution to a crisis must stem in the constitutional legislation. A regular act cannot represent the basis. This constitutional legislation may in the future also be the constitutional act on security. Although it is appropriate to amend it in the following areas:1. Introduce the possibility of emergency legislation issued by the executive power.2. Introduce parliamentary review of individual emergency legislation acts. 3. Introduce mandatory review of emergency legislation acts by the Constitutional Court.4. In the case of general bans issued by the Ministry of Health amend their provisions from general nature to sublegal regulation.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913305","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 experience of the countries of the European Union regarding the protection of the rights and freedoms of citizens in penitentiary institutions","authors":"S.V. Romantsova","doi":"10.24144/2788-6018.2023.04.62","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.62","url":null,"abstract":"The article conducts a theoretical and legal study of the experience of the European Union countries regarding the protection of the rights and freedoms of citizens in penitentiary institutions. The methodological basis of the study was the dialectical method of studying social processes, a systematic approach, general provisions of philosophy, theory of the state and law, constitutional, criminal and criminal law, criminology, psychology and private scientific methods of knowledge: historical, comparative legal, sociological and logical . An analysis of international standards for the treatment and detention of convicts was carried out, issues related to the protection of the rights of individuals, ways of implementing the norms of international legal acts that enshrine human rights and freedoms into national legislation were determined. The rights of persons held in correctional institutions are a set of natural and acquired rights, protected by the state, of persons serving a sentence in the form of deprivation of liberty, enshrined in normative legal acts. The legal interest of convicts understood as the established, state-protected right to realize the convicts’ aspirations to own significant goods, which depends on the fulfillment of a number of conditions established by law. The relevant international standards analyzed and critically evaluated the Minimum Standard Rules for the Treatment of Prisoners, the European Penitentiary Rules, the Tokyo Rules, the practice of the European Union in the field under investigation. The existing standards of restrictions on the rights of prisoners in France, Great Britain, the Federal Republic of Germany, Spain, and Italy reviewed and commented on. The process and problems of implementation of the standards of limitations of rights stipulated in the regulatory legal acts of Ukraine and implementation of the experience of the European Union countries described. It noted that the priorities in the field of execution of punishments in accordance with the Strategy for reforming the penitentiary system for the period until 2026 are: ensuring human rights, observing the minimum standard rules for the treatment and detention of convicted persons, increasing the effectiveness of the criminal enforcement system.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913311","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":"Standard Relational Technique Yesterday, Today, and Tomorrow","authors":"O.M. Balynska, M.M. Blikhar","doi":"10.24144/2788-6018.2023.04.100","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.100","url":null,"abstract":"The article under studies deals with the issue of the evolution of the so-called standard relational technique, which was introduced by H. Daubenspeck at the turn of the XIX and XX centuries. However, this idea was included into the manual, which was published only in 2023 (after a very long break), in the 36th edition, under the title “Civil-Legal Working Technique at the Assessor’s Examination.Votum, Judgement, Presentation of Documents, Attorney’s Opinion”. The purpose of the article is to outline the basic trends of the development of standard relational technique. In order to achieve the above goal, it is necessary to regard the following issues: what standard relational technology used to be before 2013, in 2013 and 2023, or may be later. The article takes into account and continues the analysis of the history of relational technique from 1884 to 2008, carried out by L. Gusseck in 2010. In other words, it traces up the evolution of relational technique from the very first edition by H. Daubenspeck and up to the 34th edition. It is important to take into consideration the fact that H. Daubenspeck has laid the foundations for combining relational technique and philology. P. Sattelmacher has developed relational technique in terms of the civil-legal working method. W. Sirp has reintroduced the subsumption and syllogism to the presentation of a judge’s decision, whereas W. Schuschke has extended relational technique to the profession of an attorney. In addition, particular emphasis has been laid on the following features of relational technique: H. Daubenspeck’s introduction into relational technique of the substantive-legal division of legal norms into basic and auxiliary ones, as well as their doctrinal and / or legal division into law-justifying and 2 types of law-negating norms; P. Sattelmacher’s relying his approach to relational technique on the concept of the so-called “Schlüssigkeit”, i.e., the requirement to consider separately and sequentially first the positive grounds of a claim, and then the negative grounds of a claim (the positive grounds of objections). The 35th edition of H. Daubenspeck’s manual (published in 2013) highlights a quite new structure of relational technique. Hereby, it focuses not so much on the standard division (abstract - expertise opinion (votum) – judgment), but on the preparation of a relation according to a plan: analysis of the circumstances of the case (formerly abstract), general rules of law, civil-legal working technique (votum), and elaboration of a draft judgment. In the latest, 36th edition of 2023 (today), the outlined structure is directly based on the publication plan, with the novelty of this edition being the focus on the law of enforcement of a court decision. As for the future (the tomorrow of relational technique), the article predicts the prospect of combining relational technique and R. Alexy’s theory of legal argumentation. This combination is supposed to manifest itself particularly with","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913313","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":"Peculiarities of work organization of the Verkhovna Rada of Ukraine under martial law","authors":"O.I. Zozulia","doi":"10.24144/2788-6018.2023.04.9","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.9","url":null,"abstract":"During the full-scale phase of the Russian-Ukrainian war, the efficiency of the Verkhovna Rada of Ukraine is a determining factor in ensuring national security, the efficiency of the entire power vertical, and in maintaining the governance of the state as a whole. The article analyzes the legal bases of the work organization of the Verkhovna Rada of Ukraine under martial law, defines its essence and features, and substantiates the priority directions for improving the legal regulation of the parliament functioning during the full-scale phase of the Russian-Ukrainian war. It has been established that the work organization of the Verkhovna Rada of Ukraine, as the highest representative and single legislative body, must take into account all the risks and threats caused by the full-scale phase of the Russian-Ukrainian war. Today, the adaptation of the work organization of the parliament under martial law is insufficiently systematic and situational, characterized by the deepening of deviations in parliamentary practice and by-law regulation from the rules and procedures legally established by the Regulations of the Verkhovna Rada of Ukraine. It is substantiated that solving problems and challenges in the activities of the Verkhovna Rada of Ukraine and its bodies under martial law should be based on a balance between the effectiveness and safety of the work of the Verkhovna Rada of Ukraine vs its openness and compliance with existing parliamentary procedures. This primarily requires enshrining in the Regulations of the Verkhovna Rada of Ukraine the principles of the work organization of the parliament under martial law, guarantees of its safety and continuity, as well as the features of a more accelerated procedure for consideration and adoption of laws under martial law. It was emphasized that Ukraine faces the task not only of directly repelling a full-scale invasion of the Russian Federation, but also of protecting the foundations of its constitutional system, in particular, the values of national parliamentarism, which should not be neglected by measures established due to martial law.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913439","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 Genesis of Legal Consolidation and Provision of Access to the Information in Ukraine","authors":"K.I. Kmetyk-Podubinska","doi":"10.24144/2788-6018.2023.04.10","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.10","url":null,"abstract":"The article examines the question of the formation and evolution of the development of the right to access to information in Ukraine. The study of transformations and modern trends in the field of access to information is important for understanding the essence and directions of development of this right, which is particularly significant in the realities of the modern information society.The author notes that the problem of access to information in Ukraine has ancient historical origins and is organically connected with the understanding of the phenomenon of information in general and its role in the civilizational development of Ukrainian society. That is why the purpose of the article is to study the genesis of legal consolidation and provision of access to information in Ukraine.The optimal methodological basis for research is a complex of philosophical and worldview approaches to the study of the genesis of legal consolidation and provision of access to information in Ukraine, general scientific and specifically legal methods. Methods of analysis, synthesis, deduction, induction, historical-legal, terminological, hermeneutic-legal and comparative-legal methods were used.The article traces the history of legal consolidation and provision of access to information in Ukraine. The main periods of the development of the right to information are clarified, in each of which the peculiarities of approaches to understanding the meaning of information and ensuring access to it are investigated. Emphasis is placed on the issue of access to information in the context of freedom of speech, thought and press, as well as censorship as a way of controlling and limiting freedom of information in Ukraine.The author concluded that the modern state is not perceived in meaningful isolation from human rights, one of the most important of which is the right to information and access to it. This right has a long history, inseparable from the history of the institution of human rights and freedoms. Under the influence of different historical stages of society, the understanding of the right to access to information had its own characteristics. The leading trend in the development of access to information was the constant attraction to expansion, legal protection and guarantee, which is conceptually embodied in the norms of modern domestic legislation.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913549","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":"Analysis of the constitutional and legal mechanism for the protection of constitutional human rights in the special conditions of modern times","authors":"N.A. Shpis, K.V. Dranchak","doi":"10.24144/2788-6018.2023.04.17","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.17","url":null,"abstract":"The article is devoted to highlighting the issue of introducing a legal regime of martial law in Ukraine and the mechanism for protecting the impact of these restrictions on the constitutional rights of a person and a citizen in special conditions. Today, at the legislative level of our state, a certain system of rights, freedoms and responsibilities of a person and a citizen is established, the implementation of which guarantees the activity and development of the state on democratic, social and legal bases. However, constitutional rights and freedoms are endowed with the highest legal force, most of which, of course, are not absolute, because their exercise can be legally limited. Yes, such restrictions may apply to issues of public health protection, public and state security, territorial integrity, rights and freedoms of citizens, ensuring law and order, etc. But, analyzing and researching this issue, the authors paid and focused attention on those cases that focus on issues related to the basic rights and freedoms of a person and a citizen in the special conditions of these legal regimes, and are disclosed in accordance with the articles of the Constitution of Ukraine, the main laws that regulate this question, namely: “About the legal regime of martial law”. In view of the events taking place in our state, the specified normative acts have come into effect and entered into legal force throughout the territory of our state. In this regard, the question of the need to develop and improve normative legal acts that will properly secure and protect a person and a citizen of our state in conditions of restrictions, both from a practical and a scientific-theoretical point of view, arises acutely.Today’s challenges for the legal system of Ukraine and its citizens have opened a new page in the legal and legislative field of our country, which certainly focuses attention on the fact that, consolidation, regulation and creation of new laws is rapidly changing, but in turn, constitutional and legal mechanisms for the protection of rights and human and citizen freedoms must function at the highest level under any conditions. The authors worked out and focused attention directly on the legal nature of inalienable human rights, which usually have an imperative nature for current states, and have a direct impact on their activities, because the state is entrusted with the duty to ensure, guarantee and protect these inalienable rights. If, after all, these rights are to be limited, then the authorities must explain the reasons for the introduction of such measures, especially in special conditions.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913555","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":"Аdvocate in criminal proceedings: organizational and legal principles","authors":"I.V. Bondar, O.P. Kuchynska, Yu.V. Tsyganyuk","doi":"10.24144/2788-6018.2023.04.83","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.83","url":null,"abstract":"The article examines the organizational and legal principles of the advocate’s activities in criminal proceedings. The authors noted that a major role in ensuring the rights and freedoms of individuals during criminal proceedings belongs to advocates, who must provide the necessary professional legal assistance to the participants in the process. But high-quality professional legal assistance of an advocate depends on many factors, both subjective and objective. It was determined that the quality of the legal regulation of an advocate’s activity in criminal proceedings directly affects him and, secondarily, the person to whom he provides professional legal assistance.When conducting research, the authors take as a basis the fact that the participation of an advocate in criminal proceedings requires the presence of 2 legal statuses: 1) an advocate of Ukraine, 2) the status of a participant in a criminal proceeding (defender or representative). Based on this approach, the collection of evidence by the defense, the right to receive information and copies of documents in the context of maintaining the secrecy of the pretrial investigation, the recusal of other participants in the criminal proceedings in connection with the involvement of a advocate who is related to the participant in the criminal proceedings, the provision of professional of legal assistance by an advocate to persons whose procedural status is not regulated in detail analyzed.Investigating the organizational principles of an advocate’s activity in criminal proceedings, the authors drew attention to the role of curfew in a advocate’s work, insufficient research into the tactics of a advocate’s tactics in criminal proceedings and methods of defense in proceedings regarding a separate category of criminal offenses. Based on the results, a conclusion was formed that among the outlined problems there is a regularity is connected with the fact that the Law of Ukraine “About Advocacy and Advocacy Activities” details separate provisions of the advocate’s participation in criminal proceedings, which are not defined by the Criminal Procedure Code of Ukraine, in turn, causes their uneven implementation by the authorized subjects of the CPC of Ukraine. And the research direction of the advocate’s participation tactics and methods of defense or representation in certain types of criminal proceedings is recognized as perspective.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913557","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 principle of international cooperation in modern international relations","authors":"K.V. Stepanenko","doi":"10.24144/2788-6018.2023.04.93","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.93","url":null,"abstract":"The article examines the mechanism of action and implementation of the principle of international cooperation in modern international relations against the background of the European integration of Ukraine and the strengthening of the sphere of security and defense. The content and legal and organizational foundations of the principle of international cooperation are analyzed. Trends in the implementation of the principle of international cooperation against the background of the European integration of Ukraine and the strengthening of the sphere of security and defense have been studied. The opinion is argued that international organizations, due to their nature and external factors, do not always act as effective moderators of international cooperation. Aggression against Ukraine exposed a number of fundamental problems related, in particular, to the responsible attitude to the observance of the principles of international law and the consequences for their violators. The essence of the principle of international cooperation has changed, when preference is given not to universal elements of the system of collective security, but to direct contacts with the member states of the UN, EU, NATO, and other alliances, which allows to effectively solve urgent issues in the field of security and defense. It is proven that one of the trends in the implementation of the principle of international cooperation is the strengthening of the institution of responsibility and the binding factor against the background of efforts to establish the right of the strong in international practice by some member states of the UN. Aggressive actions of Russia, the discrediting of the norms of international law, the commission of international crimes on the territory of Ukraine and other factors encourage us to once again turn to the problem of the introduction of binding (sanction) components in interstate relations. On the agenda of the international community are issues of reorganization of the system of collective security, strengthening of the institution of responsibility, creation of effective mechanisms for limiting countries that violate the principles of international law. Without the application of the principle of international cooperation, including at the regional and local level, it will be extremely problematic to solve these extremely complex issues.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913663","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":"Experience of implementing foster care in some foreign countries","authors":"L. Leshanych","doi":"10.24144/2788-6018.2023.04.24","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.24","url":null,"abstract":"It is indicated that child homelessness is a very urgent problem in many countries of the world. Unfortunately, Ukraine is not an exception.The history of the development of patronage in Ukraine has a long history. Foster care sometimes existed as an alternative form of education for orphans and children deprived of parental care, and then disappeared for decades. Perhaps this was the reason for such a low level of legislative regulation.A foster family is a form of temporary placement of children who have found themselves in a difficult life situation, with the aim of rehabilitation, change of situation in the native family, and in case of impossibility - transfer for adoption. The purpose of this form of education is to realize the child’s priority right to life and upbringing in the family, which are enshrined in the UN Convention on the Rights of the Child. A foster family is an alternative form of upbringing, which is used when, due to objective reasons, the application of adoption or guardianship is impossible. A child is transferred to a foster family on the basis of a civil law contract, and in some countries an employment contract is additionally concluded between the foster carer and the child placement service.It is noted that a child under foster care is a child who has not reached the age of sixteen, who is cared for by providing all the necessary conditions for life and development, a person who is not the child’s father, but who is responsible for the child. The appointment of a certain person as a foster carer, as well as the deprivation of this status, is documented. At the same time, social agencies are obliged to provide potential foster carers with information about their rights and the procedure for appealing the decision.The article describes the experience of foster parenting in some foreign countries in which legislative regulation of foster relations characterized by a rather high level (the UK , France, Sweden). Practice shows that patronage in Ukraine has a narrow range of applications due to significant gaps in the law, and certainly not conducive to combat the serious problem of street children as. According to the analysis of legal regulation of foster parenting in some foreign countries and foster care in Ukraine , recommendations indicated the positive elements that could usefully borrow to improve legal regulation of foster relations in Ukraine.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134914092","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}