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- Analytical periodicals
Abstract. The Information note presents the results of the analysis of the legislation on certain types of social benefits provided to families with children with disabilities. The theoretical aspects of social benefits provided for by the Law of Ukraine «On state social assistance to persons with disabilities from childhood and children with disabilities», their types and distinctive features are highlighted. The author emphasizes the legal nature of social assistance as a type of social security. The author identifies the areas for improvement of legislation on social protection of children with disabilities.
Key words: social protection, social assistance, allowance, child with a disability, subsistence minimum.
07/2024
Abstract. The Information note presents the results of the analysis of the implementation of the Recommendations of the European Parliament Needs Assessment Mission, developed to improve the quality of Ukrainian parliamentarism and set out in the Report and Roadmap on Internal Reform and Institutional Capacity Building of the Verkhovna Rada of Ukraine, recognized as the basis for internal reform and institutional capacity building of the Verkhovna Rada of Ukraine according to the Resolution of the Verkhovna Rada of Ukraine of March 17, 2016, No. 1035-VIII.
Key words: Recommendations of the European Parliament's Needs Assessment Mission, Ukrainian parliamentarism, Roadmap for Internal Reform and Institutional Capacity Building of the Verkhovna Rada of Ukraine.
07/2024
Abstract. The Information note presents the results of the analysis of legislative provisions on certain guarantees of the right to labor. Theoretical and practical aspects of labor relations termination are covered. Attention is focused on the peculiarities of contract termination. The author identifies areas for improving the legislation on guarantees of the right to work under fixed-term employment relationships.
Key words: contract, labor relations, employer, employee, guarantees of labor rights.
07/2024
Abstract. The analytical note considers the issues of exemption from the application of an administrative penalty for violation of legislative requirements and requirements of other regulatory legal acts regarding exceeding the permitted noise level in the case of using installations that produce electricity (electric generators). Based on the results of the analysis, the risks of the presented Draft Law are studied.
Key words: administrative offenses, exemption from administrative liability, noise level, electric generator, electricity.
07/2024
Abstract. The analytical note examines the concept and legal status of cadets as subjects of the educational process in military educational institutions operating in some states (the legislation of three states: USA, Canada, Australia is analyzed). The regulatory requirements and principles of the educational process with the participation of cadets, the terms of their financial support, procedural issues of acquiring basic military education, the formation of relevant professional knowledge, skills and abilities are defined. The organizational and legal foundations of the state policy of training military professional personnel were considered, the components of the military education system, and the peculiarities of the functioning of academic military educational institutions were determined. Common features and national differences during the training of cadets, the conditions of their material and economic support as military personnel and at the same time subjects of the educational process are determined.
Key words: higher military education, military educational institutions, educational and qualification level, cadets, training, training of professional officers, state order, armed forces.
07/2024
Abstract. The policy paper provides an overview of the key aspects of the European Green Deal in the context of Ukraine's reconstruction and adaptation of national legislation to the EU acquis in general and in the field of construction and demolition waste management in particular. A comparative analysis of the legal regulation of construction and demolition waste management in the EU Member States on the example of the Netherlands and Germany is also made.
Key
words: green course, climate
neutrality, decarbonisation of the energy system, circular economy, waste
management.
07/2024
Abstract. The analytical note considers the provisions of Draft Code of Ukraine on Administrative Misdemeanors (Reg. No. 11386, dated June 28, 2024)
In particular, the compliance of the Draft Code with the provisions of the Constitution of Ukraine, the fundamental principles of law-making activity, the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms and other international legal acts, the decision of the European Court of Human Rights, the relevant Recommendations of the Committee of Ministers of the Council of Europe and the legislative norms of the European Union states is considered, in general modern European standards in the field of proceedings in cases of administrative misdemeanors (offences) and trends in the development of administrative-delict legislation.
Key words: Code of Ukraine on administrative misdemeanors, grounds for its adoption; structure of the Draft Code; administrative misdemeanors, concepts, subjects and general principles of liability for their commission; administrative penalty, their concepts and types; proceedings in cases of administrative misdemeanors; participants in the proceedings; administrative body; consideration and resolution of cases of administrative misdemeanors; administrative act; appeal and execution of an administrative act.
07/2024
Abstract. The parliamentary study analyses the legislative regulation of remote involvement of participants to criminal proceedings during court proceedings via videoconference (the right of access to justice), which is ensured through the functioning of certain subsystems (modules) of the Unified Judicial Information and Telecommunication System in courts and judicial authorities. In studying this issue, the position of the European Court of Human Rights, set out in its judgments on holding court hearings via videoconference, was also taken into account. In particular, the experience of court proceedings in similar cases in a number of European countries was summarised. The study analyses the constitutional and legal framework of the modern Ukrainian Bar as an independent civil society institution founded on the basis of non-state professional self-government and self-regulation advocacy profession, examines the legal grounds for the participation of an attorney in the formation of professional bar self-government bodies, the rights and obligations of an attorney regarding their membership in the Ukrainian National Bar Association, and also considers certain legal aspects of maintaining the Unified Register of Attorneys of Ukraine.
Key words: criminal proceedings, access to justice, right to defence, videoconference, court proceedings, restriction of rights, bar, bar self-government, Unified Register of Advocates of Ukraine.
07/2024
Abstract. The analytical note analyses the provisions of the Draft Law of Ukraine «On amendments to the Section XIX of the Criminal Code of Ukraine regarding the liability for irretrievable loss of personnel and/or destruction of military equipment or other military property and investigation of similar facts» (Reg. No. 11382, dated June 26, 2024), considers the issue of establishing criminal liability for significant irretrievable losses of personnel, military equipment and military property by supplementing the Criminal Code of Ukraine with articles 426-2 and 426-3. Based on the results of the analysis, the risks of the Draft Law are determined.
Key words: criminal liability, irretrievable losses, personnel, military personnel, military equipment, military property, special period.
07/2024
Abstract. The analytical note considers the provisions of the Draft Law of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine regarding the improvement of the efficiency of plea agreements» (No. 11340, dated June 14, 2024), as well as alternative Draft Laws of Ukraine (No. 11340-1, dated July 01, 2024 and No. 11340-2, dated July 01, 2024). In particular, the compliance of draft laws with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal procedural legislation of Ukraine and the practice of the European Court of Human Rights in the field of criminal justice is considered.
Based on the results of the research, risks are identified that may further impede the proper implementation of the draft laws in the course of law enforcement activities and the achievement of their stated objectives, which are aimed at improving national legislation on the legal regulation of the grounds and procedure for concluding plea agreements in criminal proceedings concerning corruption and corruption-related criminal offences.
Key words: criminal proceedings, pre-trial investigation, court proceedings, corruption criminal offenses, grave and especially grave crimes, plea agreement, terms of concluding and approving a plea agreement, court verdict, sentencing, fine, imprisonment, release from serving punishment.
07/2024