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Decision of the Constitutional Court of Ukraine as interpretation legal acts 乌克兰宪法法院作为解释性法令的决定
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.22
Anna Mocherad
{"title":"Decision of the Constitutional Court of Ukraine as interpretation legal acts","authors":"Anna Mocherad","doi":"10.61345/1339-7915.2023.6.22","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.22","url":null,"abstract":"The article examines the legal nature of decisions of the Constitutional Court of Ukraine as interpretative legal acts. It is noted that constitutional law-making is a special form (variety) of law-making, which has a multi-level and multi-aspect nature, which is determined by its special nature, essence and functional purpose. Constitutional law-making is a special activity of competent law-making subjects, which is carried out in a special procedural order and is aimed at adopting, changing and canceling the norms of the Basic Law of the state and constitutional acts of law-making. The specificity of the activity of the Constitutional Court of Ukraine is that it does not administer justice in the direct sense. Its powers include: resolving issues of compliance with the Constitution of Ukraine (constitutionality), laws of Ukraine and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea; official interpretation of the Constitution of Ukraine; resolution of questions about the conformity of the Constitution of Ukraine (constitutionality) of the laws of Ukraine (their individual provisions) on the constitutional complaint of a person who believes that the law of Ukraine applied in the final court decision in his case contradicts the Constitution of Ukraine. It is emphasized that the legal positions formulated by the Constitutional Court of Ukraine at making decisions are based on the systematic interpretation of constitutional norms in their interrelationship, the systematic and substantive analysis of constitutional provisions. However, the interpretative activity of the Constitutional Court of Ukraine is broader than the provision of official interpretation of the norms of the Constitution of Ukraine, it also covers interpretation during the constitutional review of normative acts, public (domestic and international) treaties and during the consideration of constitutional complaints. It was concluded that the interpretive activity of the Constitutional Court of Ukraine is broader than the provision of official interpretation of constitutional norms, it also covers interpretation during the constitutionality check of normative acts, public (domestic and international) treaties (and during the consideration of constitutional complaints). Interpretative acts are an auxiliary means of constitutional and legal policy, they have a derivative, secondary character in relation to normative and legal acts. However, their role in the activity of the Constitutional Court of Ukraine is difficult to overestimate, because they are able to ensure the implementation of high-quality constitutional and legal policy in almost all directions of its influence on legal validity. They are entrusted with the function of specifying the legal norms established by the legislator for their correct and effective implementation. As ","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"22 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243987","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
Problematic issues of gender equality in the European Union: administrative and legal aspect 欧洲联盟的性别平等问题:行政和法律方面
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.15
Yuliya Kovalenko
{"title":"Problematic issues of gender equality in the European Union: administrative and legal aspect","authors":"Yuliya Kovalenko","doi":"10.61345/1339-7915.2023.6.15","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.15","url":null,"abstract":"The article is devoted to gender equality, one of the most relevant topics today, not only in Ukraine, but also in the European Union. Strategic planning of gender policy is an important aspect in achieving the values of equality between women and men. Building a quality strategy requires experience and expert work, in particular, data collection and processing, setting priorities and evaluating the effectiveness of already developed strategies. \u0000The aim of the work is a thorough study of gender equality policy in Ukraine and EU countries in law enforcement agencies. \u0000The methodological basis of the study. In the process of working on the scientific article, such scientific methods as the terminological, systemic-structural, formal-logical, comparative-legal method were used. \u0000Results. The European Union, in particular, the Commission on Gender Equality and Monitoring its Progress, already has some experience in strategic planning to achieve the goals of gender equality, which is implemented in all spheres of life. A review and analysis of this experience can help Ukraine improve approaches and practices for developing strategies in this area. \u0000In Ukraine, scientific research on gender aspects of state policy began in the 90s of the last century. The issue of gender equality should be central in the analysis, planning and adoption of political decisions, budgets, programs, and institutional structures. \u0000The article analyzes actions and trends in the field of gender equality in the EU and Ukraine with the aim of bringing the law enforcement sphere of Ukraine closer to European gender standards. \u0000Conclusions. It was determined that the observance of gender equality or parity democracy is a system of rights, freedoms and duties of a person and a citizen regulated by regulations and provided for by political and legal principles, ensuring the possibility of their equal implementation and observance in all spheres of state and public activity with the help of an appropriate implementation mechanism. Summarizing the European practice, new principles of gender policy are defined, which form the modern ideology of equality.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"19 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140244169","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
Organizational forms of cross-border cooperation of healthcare institutions 医疗机构跨境合作的组织形式
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.25
Yurii-Viktor Peresta
{"title":"Organizational forms of cross-border cooperation of healthcare institutions","authors":"Yurii-Viktor Peresta","doi":"10.61345/1339-7915.2023.6.25","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.25","url":null,"abstract":"The article examines the organizational forms of cross-border cooperation of healthcare institutions. It has been established that currently, it is essential not only to restore the destroyed infrastructure of the health care system but also to restore the health of war victims, as well as the development of an appropriate health care system in connection with the integration of Ukraine into the European Union. It was determined that in such unclear and risky conditions, it is necessary to strengthen the ability to develop cross-border cooperation of healthcare institutions in Ukraine with the relevant healthcare institutions of neighboring states, member states of the European Union, namely: Slovakia, Poland, Hungary and Romania through various available organizational forms. It was established that there are various organizational forms through which health care institutions can implement cross-border cooperation. It was determined that the use of such a form for cooperation as a European grouping of territorial cooperation on the external border of the European Union will be useful both for the exchange of experience of neighboring health care institutions of the member states of the European Union and health care institutions of Ukraine, as well as for their possible effective participation in programs and implementation of cross-border cooperation projects, which would be aimed at the development of the health care sector in order to provide the population with affordable medical care. It was noted that because of the events taking place due to the full-scale invasion of the russian federation into Ukraine, namely the devastating consequences for the health of thousands of people, then it would be expedient to create such a European Grouping of Territorial Cooperation on the external border of the European Union with Ukraine. It was established when comparing the legislation of neighboring states, the member states of the European Union, Slovakia, Poland, Hungary, and Romania, and analyzing the provisions of European Union regulatory acts regarding the activities of the European Grouping of Territorial Cooperation, it appears that the list of participants of such a grouping may be somewhat wider.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140244656","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
Prospects for the development of legal regulation of Green Recovery in Ukraine 乌克兰绿色复苏法律法规的发展前景
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.12
N. Ilkiv
{"title":"Prospects for the development of legal regulation of Green Recovery in Ukraine","authors":"N. Ilkiv","doi":"10.61345/1339-7915.2023.6.12","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.12","url":null,"abstract":"Ukraine has committed itself to developing and implementing long-term measures aimed at reducing greenhouse gas emissions. As a party to the Paris Agreement to the United Nations Framework Convention on Climate Change, the state is obliged to make its nationally determined contribution to achieve the goals of sustainable low-carbon development of all sectors of the economy and increase the ability to adapt to the adverse effects of climate change. The official announcement of joining the European Green Deal demonstrates Ukraine’s unwavering intention to overcome the challenges posed by climate change and environmental degradation by transforming into a modern resource-efficient and competitive economy. In June 2022, Ukraine was granted the status of a candidate for EU membership. These measures should be implemented despite Russia’s anti-Ukrainian armed aggression and difficult economic challenges. \u0000The purpose of this work is to determine the main directions of development of the legal mechanism for preventing climate change, which is being formed in the context of military realities, while ensuring that Ukraine strictly complies with its obligations under the European Green Deal. \u0000It is concluded that when developing the conceptual legal framework of the environmental security component as part of the Strategy for Post-War Recovery and Development of Ukraine and the relevant Action Plan, as well as sectoral programs for the restoration of the State, an appropriate climate policy should be formulated, coordinated with Ukraine’s further European integration. \u0000These include updated priority measures of the national climate policy, broad state support for environmental protection measures; digitalization of environmental relations; provision of funding for measures and investments aimed at developing competitive renewable generation and improving existing infrastructure, developing the potential of the hydrogen ecosystem, increasing the energy efficiency of buildings through the integration of renewable energy sources, decarbonizing insulation and cooling of buildings, ensuring the development of transport with low.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243569","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 regulation of cryptocurrency and cryptocurrency operations in the European Union 欧洲联盟对加密货币和加密货币业务的法律监管
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.31
Tetiana Zhelekhovska
{"title":"Legal regulation of cryptocurrency and cryptocurrency operations in the European Union","authors":"Tetiana Zhelekhovska","doi":"10.61345/1339-7915.2023.6.31","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.31","url":null,"abstract":"The article “Legal Regulation of Cryptocurrency and Cryptocurrency Operations in the European Union” offers a comprehensive examination of the evolving legal landscape surrounding cryptocurrencies within the European Union (EU). It begins by defining cryptocurrencies, highlighting their unique characteristics such as decentralization, volatility, and potential for misuse. These features pose significant regulatory challenges, as traditional legal frameworks may not be fully equipped to address them. \u0000The article delves into the EU’s response to these challenges. It outlines the various legislative measures that have been implemented to regulate cryptocurrencies and related operations. These measures aim to strike a balance between fostering innovation in the digital economy and ensuring consumer protection and financial stability. The article discusses the implications of these regulations, noting that while they have brought some clarity and security to the sector, they also risk stifling innovation if not carefully calibrated. \u0000The article explores the ongoing debates within the EU regarding the appropriate regulatory approach to cryptocurrencies. It underscores the need for a nuanced understanding of the technology and its potential impacts. The article argues that regulation should not merely react to the challenges posed by cryptocurrencies but should also anticipate future developments to remain effective and relevant. \u0000The article concludes by emphasizing the importance of dialogue and collaboration among regulators, industry stakeholders, and the public in shaping the regulatory approach to cryptocurrencies. It suggests that such engagement can help ensure that regulations are not only responsive to current issues but also adaptable to future changes. \u0000The article provides a thorough and insightful analysis of the legal regulation of cryptocurrency and cryptocurrency operations in the European Union. It underscores the complexity of the issue and the need for a dynamic and forward-looking regulatory approach. The article serves as a valuable resource for anyone interested in understanding the intricacies of cryptocurrency regulation in the EU.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"91 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242584","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
Functions of the Prosecutor’s Office in the mechanism of ensuring the rights and freedoms of citizens, the interests of society and the state 检察官办公室在确保公民权利和自由、社会和国家利益机制中的职能
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.27
Oleksandr Svitlichnyy
{"title":"Functions of the Prosecutor’s Office in the mechanism of ensuring the rights and freedoms of citizens, the interests of society and the state","authors":"Oleksandr Svitlichnyy","doi":"10.61345/1339-7915.2023.6.27","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.27","url":null,"abstract":"After Ukraine gained independence, political, economic, social, organizational, legal and other changes began to take place in the Ukrainian state, which affected all spheres of socially useful life. The activity of the prosecutor’s office, which inherited the basic principles of its activity from the prosecutor’s office of the former Soviet Union, could not avoid such changes. Adoption in 1990 of the Declaration on the State Sovereignty of Ukraine and introduction of the Law of October 24, 1990 No. 404-XII of amendments and additions to Chapter 19 «Prosecutorship» of the Constitution (Basic Law) of the Ukrainian SSR, the formation of a new independent prosecutor’s office of the Ukrainian state was initiated, in Art. 162 of which it was declared that higher supervision over the observance and correct application of laws by the Cabinet of Ministers of Ukraine, ministries, state committees, departments, other bodies of state and economic management and control, the Government of the Autonomous Republic of Crimea, local Councils of People’s Deputies, their executive and administrative bodies, military units, political parties, public organizations, mass movements, enterprises, institutions and organizations, regardless of the forms of ownership, subordination and affiliation, officials and citizens is carried out by the Prosecutor General of Ukraine and prosecutors subordinate to him. At the same time, the activities of the prosecutor’s office and their officials did not always receive a favorable assessment of their activity from the citizens, which prompted the state leadership through the reorganization of the prosecutor’s office to make permanent changes that would bring the activity of the prosecutor’s office closer to the best international standards in consistently ensuring the rights and freedoms of man and citizen. interests of society and the state. Attention is drawn to the fact that after 2014, as well as the full-scale invasion of Russian military aggression against Ukraine, the functions of the prosecutor’s office underwent significant changes, which requires theoretical research, due to the fact that the reform of the activities of the prosecutor’s office continues even in today’s conditions.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"25 5part1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242811","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
Regulatory control over the electricity market in Ukraine: the problem of duplication of powers 乌克兰电力市场的监管:权力重叠问题
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.33
S. Fedorenko
{"title":"Regulatory control over the electricity market in Ukraine: the problem of duplication of powers","authors":"S. Fedorenko","doi":"10.61345/1339-7915.2023.6.33","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.33","url":null,"abstract":"The purpose of this article is to substantiate the existence of the problem of duplication of powers in the system of regulatory control over the electricity market in Ukraine and to determine ways to solve it. This research task should be carried out using, first of all, the formal-dogmatic method within the framework of a critical assessment of the relevant legislative provisions, perceiving them being detached from the environment of their application, as well as relying on the method of legal and institutional modeling to outline the organizational and legal contours of the system of regulatory control over the electricity market in Ukraine. Results: the subject matter of regulatory control (supervision) over the electric power industry carried out by the State Energy Supervision Inspectorate of Ukraine covers the production, transmission, distribution of electric energy, energy storage, as well as the use of energy for their own needs by market participants in part of technical operation of power plants and networks, energy equipment, testing and repair of power plants and networks, performance of works on the design of power plants and networks, while the National Energy and Public Utilities Regulatory Commission carries out regulatory control over compliance by economic entities carrying out activities in the fields of energy with legislation in this area as well as with the licensing conditions by conducting scheduled and unscheduled on-site, as well as off-site inspections in accordance with the control procedures approved by this commission. Conclusions: the optimal institutional reform designed to ensure the exclusivity and indivisibility of powers regarding regulatory supervision (control) over the electric power market appears to be the concentration of these powers in the field of competence of the National Energy and Public Utilities Regulatory Commission as an independent market regulator with a complete and self-sufficient complex of control and supervision measures, which can be enriched with the prepared proposals on reforming the procedures of activity of the State Energy Supervision Inspectorate of Ukraine.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"19 19‐20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140244170","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
Law enforcement bodies of Ukraine 乌克兰执法机构
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.29
O. Yara
{"title":"Law enforcement bodies of Ukraine","authors":"O. Yara","doi":"10.61345/1339-7915.2023.6.29","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.29","url":null,"abstract":"Based on the analysis of legal acts and different opinions of domestic legal scholars, who in their works investigated the issues of the system of law enforcement agencies of the state, determined the prospects for improving the activities of law enforcement agencies, it was established that law enforcement agencies of Ukraine occupy a central place in protecting the rights and freedoms of citizens, ensuring public security and law and order, protection and protection of the state border, protection of the interests of society and the state, and, if necessary, measures of state coercion are applied. Attention is drawn to certain debatable points related to the assignment of this or that state body to the system of law enforcement agencies. The problematic issue is that the law enforcement function, which is used in a broad sense, is used not only for law enforcement agencies, but also for other executive authorities. It was emphasized that one of the problematic issues that researchers pay attention to is the absence of a legislative definition of the system of law enforcement agencies of Ukraine, which leads to numerous scientific discussions, as a result of which some scientists refer to the system of law enforcement agencies as state agencies whose main task is performance of other tasks of the state, at the same time they perform only separate law enforcement works, scientists have proven that in the majority of administrative scientists operate with legislative acts, in which the legislator, based on the specifics of the law enforcement body, indicates that one or another state body is law enforcement body, at the same time there are opposing opinions. It was concluded that until the legislator resolves the issue of defining the system of law enforcement agencies of Ukraine, the aforementioned will affect the ability to properly ensure the rights and freedoms of citizens guaranteed by the Constitution and laws of Ukraine. In order to determine the system of law enforcement agencies of the state, it is necessary to resolve this issue at the legislative level. Specific proposals for improving the activities of law enforcement agencies are offered.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242154","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
Valuable aspects of digital boons as objects of civil rights of a person 作为个人公民权利客体的数字财富的价值方面
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.6
Anton Donets
{"title":"Valuable aspects of digital boons as objects of civil rights of a person","authors":"Anton Donets","doi":"10.61345/1339-7915.2023.6.6","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.6","url":null,"abstract":"This paper reflects the results of studying the legal nature of digital things and virtual assets as objects of civil rights/ legal relations through the prism of their value component. The aim of the study is to determine the factors (specifically, properties together with characteristics of digital things) that impact the value of these phenomena, thus, enabling their probability to be objects of civil rights/legal relations. \u0000The methodological basis of scientific research constitutes the dialectical method of cognition, the application of which made it possible to analyze modern and historical approaches to defining institutions of a digital thing as well as a virtual asset, their legal nature and features. The formal-logical method has been used in order to analyze the norms of legislation that form the legal basis for comprehensive regulation of relevant relations. The method of analysis and synthesis has been applied while studying the practical manifestation of relations to ensure the turnover of digital things along with virtual assets. The comparative-legal method has been used for a comparative analysis of the legal regulation of institutions of digital things together with virtual assets in the latest legislation of the European Union and Ukraine. The logical-legal method has been applied so as to formulate the main conclusions in accordance with the aim of the specified study. \u0000The result of the study has been the determination of relevant properties of digital assets as well as virtual ones, which define the value component of the above objects. It has been concluded that neither value nor functionality significantly affect the value of the mentioned phenomena. Specific features along with properties inherent only to these objects come to the fore, to illustrate, adaptability, security of transactions, decentralization, pseudonymity, in addition to availability. Regardless of the fact that the specified properties are basic for comprehanding the nature of digital things and virtual assets, they are subject to significant external influence. In particular, the importance of decentralization together with pseudonymity is levelled due to the rapid and powerful development of legal regulation, aimed at a fairly high level of restrictions as well as regulations. At the same time, the prevalence of the turnover of the above mentioned objects is unlikely to slow down due to exceptional advantages, ensuring a significantly more prompt and accessible satisfaction of market participants’ relevant needs.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"25 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242809","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
Examining the formation of legal guarantees for equal acces to civil service: historical origins and modern application 研究平等担任公职的法律保障的形成:历史渊源和现代应用
Visegrad Journal on Human Rights Pub Date : 2024-03-14 DOI: 10.61345/1339-7915.2023.6.4
A. Demianchenko
{"title":"Examining the formation of legal guarantees for equal acces to civil service: historical origins and modern application","authors":"A. Demianchenko","doi":"10.61345/1339-7915.2023.6.4","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.4","url":null,"abstract":"The aim of the work is to demonstrate the historical progression of access to civil service across different historical epochs – Ancient World, Middle Ages, New Era, and Modern Times. The developmental phases of equal access to civil service mirror the primary trends in shaping the relationship between individuals and the state. The article demonstrates the peculiarities of legal guarantees, which are closely intertwined with the complex global political, economic, social, and cultural transformations of humanity, giving scholars the space to go far beyond modern history. Employing a theoretical research model focused on a human-centered perspective, it scrutinizes the essence of legal assurances. The historical method is employed to comprehend the retrospective formation and progression of the civil service. Additionally, the axiological method forms the basis for considering equal access to the civil service as a value category. \u0000Results of the research highlight that the legal guarantees of the right to equal access to the civil service have evolved over time, dating back to the Ancient World. This evolution is attributed to the formation of the civil service institution. The legal guarantees for equal access to the civil service are not only recognized at the national level but are also enshrined in international legal standards aimed at protecting human and civil rights. The study acknowledges that restrictions on the right to equal access during periods of special legal regimes can limit citizens’ political opportunities for contributing to good governance. Author concluded that from the time of the Ancient World to the present, as a product of the evolutionary formation of the civil service institution, legal guarantees of the right to equal access to the civil service have been formed, including legality and fairness of selection procedures, equality, and non-discrimination of applicants for civil service positions, requirements for professionalism and competence, remuneration, etc.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"8 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140241376","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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