Analytical notes


05 April 2024
18:11

Abstract. The analytical note is devoted to the study of the legislative regulation peculiarities of functional limitations assessment of persons in foreign countries. Particular attention is paid to the defined concepts of "disability", "person with a disability", "level of participation", "reasonable accommodation", "basic functions". The procedure for determining disability in terms of the right to social security, professional rehabilitation and other measures to promote the participation of a person with a disability in public life is analyzed. The provisions of normative legal acts of Lithuania, Italy, the USA and Israel regarding the procedure for establishing disability and the level of internal functionality have been analyzed. Attention is focused on the grounds and implementation of re-examination (review) of persons with disabilities.

Key words: disability, functional limitations, a person with a disability, right to social assistance for disability, rehabilitation.

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03/2024

14 March 2024
18:09

Abstract. The analytical note is devoted to the study of peculiarities of regulating the procedure for providing and receiving humanitarian aid in the EU Member States. Particular attention is paid to the acts of the European Union on humanitarian aid as the basic legislation, the provisions of which are specified in the legal acts of the Member States of the European Union. The main aspects of regulation of the procedure for registration, transfer and distribution of humanitarian aid are outlined. Legislative acts on humanitarian aid of Belgium, Czechia, Slovenia, Poland, Spain and Germany are analyzed.

Key words: humanitarian crisis, emergency situation, humanitarian aid, humanitarian aid donor, beneficiary state, civil protection mechanism.

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02/2024

26 February 2024
18:08

Abstract. An analysis of international, including European, acts on the protection of children from the negative effects of sexual or erotic products and the prevention of child pornography in the context of protecting generally accepted principles of public morality and maintaining public order was carried out. A comparative study of the legislation in this area of the EU member states (Estonia, Italy, Latvia, Lithuania, Poland, Finland, France) and the USA was conducted with a view to taking into account the best practices of legislative regulation of protection of children from the negative impact of sexual or erotic products, as well as prevention of child pornography in Ukraine.

Key words: public order, public morality, protection of children from the negative influence of sexual or erotic materials.

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01/2024

12 February 2024
18:07

Abstract. The analytical note contains the results of a comparative study of the legislation of a number of European states (Germany, Poland, Italy, Czechia, Sweden, France, Great Britain) and the EU regarding the regulation of the requirements of inclusivity and accessibility in higher education institutions. The legislation provisions on types of guarantees of the right to education for persons with disabilities have been analyzed. Organizational and legal principles of promoting the inclusion of persons with disabilities in the educational space, legal regulation of requirements for institutions of higher education regarding: barrier-free access of persons to the premises and territories of educational institutions, their information platforms were studied; organization of the educational process, content of educational programs and requirements for learning outcomes; provision of special educational material. The features of the requirements for special training of teachers and other persons who provide services related to higher education to persons with disabilities have been determined.

Key words: disabled person, inclusiveness, barrier-freeness, higher education institutions, prohibition of discrimination based on disability.

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01/2024

09 February 2024
18:05

Abstract. The study is devoted to the analysis of legislative philanthropic activities in European countries and the USA. Attention was paid to the means of ensuring transparency and openness of the processes of using charitable funds, the development of partnership and cooperation between various entities in the field of philanthropy, as well as the creation of mechanisms for its monitoring. The legislation of the USA and certain European states (Spain, Italy, Poland, France) was analyzed.

Key words: philanthropic activity, socially useful goals, tax discount, public interest, charitable activity.

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01/2024

06 November 2023
18:04

Abstract. The analysis results of the EU member states legislation: Czechia, France, Germany, Poland, and Italy regarding the appointment of legal guardians for a child left without parental care are presented. A detailed review of certain aspects of appointment of guardians for the child was carried out. Defined: who can be the guardian of the child; categories of children for whom guardianship may be established; the term for which guardianship over a child can be established, the procedure for establishing guardianship.

In order to determine further possible changes to the legislation of Ukraine, taking into account European practice in matters of procedure for establishing custody of a child, Council Regulation (EU) 2019/1111 of June 25, 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction was analyzed.

Key words: appointment of a legal guardian for a child, parental care, establishment of guardianship, Convention on the Rights of the Child, child rights ensurance, persons close to the child and family, Czechia, France, Germany, Poland, Italy.

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10/2023

30 October 2023
18:03

Abstract. Conducting illegal archaeological excavations, including amateur search activities, with the use of metal detectors for the purpose of extracting archaeological objects, leads to the destruction of archaeological context and has irreparable consequences for archaeological heritage. The uncontrolled widespread use of metal detectors in search for "treasures" (archaeological objects) is a problem in many European countries. In order to prevent the demolition and destruction of archaeological heritage, various models of legal regulation of this problem have been introduced in most of European Union member states. The study of legal regulation models of metal detectors use for archaeological objects search is of great interest for Ukraine in view of European integration course. Relevant international acts, as well as the legislation of individual European states, were analyzed.

Key words: metal detectors, archaeological objects, preservation of the right to protect national heritage, artistic value, historical value, archaeological value, protection of cultural heritage, Denmark, Sweden, Cyprus.

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09/2023

25 September 2023
18:01

Abstract. The analytical note deals with issues of legislative regulation of the procedure for identifying, protecting and preserving cultural heritage. The European Union legislation and experience of European states regarding the implementation of regulation functions of activities aimed at identifying goods constituting cultural heritage, guaranteeing its protection and preservation for public use are analyzed. Special attention is paid to the classification of cultural heritage objects according to value criteria, which can serve as a framework for measures aimed at their protection. Attention is paid to the legislative regulation specifics of cultural heritage objects inclusion in the state register in individual EU member states.

Key words: cultural heritage, movable cultural values, immovable cultural values, accounting and protection of cultural values.

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08/2023

25 August 2023
18:00

Abstract. The analytical note deals with legal regulation issues of archaeological heritage objects ownership and the order of circulation of movable cultural values originating from archaeological heritage objects. The experience of European states, in which legal norms have been established at the level of laws and by-laws, guaranteeing an equally high level of protection of immovable objects of archaeological heritage (preventing negative interference that can cause their damage or destruction), and protection of rights of the owners of these objects (encouraging them to contribute to the protection and popularization of archaeological heritage), was analyzed. The relevant legislation of European Union in this area is analyzed.

Key words: immovable archaeological monument, archaeological cultural layer, archaeological find, collectors, export and import of cultural values.

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07/2023

07 August 2023
17:59

Abstract. The Analytical note (comparative legislation) deals with the conceptual issues of forming the foundations of new veteran policy of Ukraine and directions for updating the legislation that will ensure its implementation. Attention was focused on the experience of legislative regulation of social support measures for veterans and their family members in the USA, the State of Israel, Great Britain, Canada and the Republic of Croatia. Main social guarantees, types of housing benefits, features of providing medical services and psychological assistance to war veterans have been studied. A system of measures regarding veterans’ adaptation to civilian life has been identified.

Key words: state veteran policy, war veteran, social protection system, rehabilitation, measures of adaptation of servicepersons to civilian life.

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07/2023