Suchergebnisse

In the context of new political and legal conditions, social actors in Latin America have recently developed new forms of collective action, including in particular legal mobilization. This paper intends to contribute to the study of this development, through the incorporation of elements of three scholarly traditions that have generally developed separately from each other: social movement theory, legal mobilization studies and constitutional theory. It points out in particular the contribution of democratic constitutionalism to the analysis of the role of social movements in legal change. It also proposes the use of the terms counter-movement and counter-legal mobilization for the study of collective action and legal strategies developed by conservative sectors that oppose the advancement of social movements in Latin America. Adapted from the source document.

<p><span class="fontstyle0">Este trabajo aporta evidencia empírica a la creciente literatura enfocada en la movilización legal, primero, mediante el análisis del uso del lenguaje de derechos para enmarcar demandas colectivas y, segundo, con una discusión sobre los resultados de los movimientos sociales relacionados específicamente con los marcos legales. Para hacerlo, estudio el caso del Movimiento por la Paz con Justicia y Dignidad (MPJD), actor colectivo que consiguió la promulgación de la Ley General de Víctimas (LGV) en un contexto en el que la narrativa oficial se enfocaba en la criminalización de las víctimas de la violencia. Mediante un rastreo de proceso, analizo las razones por las cuales el MPJD enfocó sus esfuerzos en conseguir la LGV y qué factores influyeron para alcanzar tal objetivo. Los resultados indican que la LGV se concibió como un instrumento capaz de fomentar el cambio social mediante la ampliación</span> <span class="fontstyle0">de oportunidades legales. Al mismo tiempo, sostengo que la promulgación puede explicarse mediante la enmarcación del discurso en torno a la figura de las víctimas, la capacidad estratégica de quienes lideraron el movimiento y la estructura de oportunidades políticas.</span><br /><br /></p>

The aim of the research was to examine the legal aspects of formation of a security environment for personnel management of socio-economic systems, before and during the war in Ukraine. The following methods were used to support the set objective: induction and deduction, comparison and systematization. Military actions on the territory of Ukraine create a valuable information base for considering changes in personnel management through further external influences, in particular, in terms of transformation of the labor market due to the strengthening of labor migration processes, because after February 24, 2022 there is a significant number of refugees and internally displaced persons. The processed information allows to conclude that, the nature of certain threats in January 2022 and January 2023, together with the formation of a holistic view of the sources of occurrence and intensification of the impact of each threat based on the generalization of analytical materials, allowed to form the basis for making changes to personnel management, to maintain the viability of enterprises despite the materiality of legal changes in the labor market in the framework of the war.

The Spanish transition developed with the continuance of the main institutions of the dictatorial regime. The Judiciary was immersed in a new democratic context without losing the constituting elements of the former authoritarian regime: hidden under the appearance of the judicial neutrality of the old positivist legalism were the traditional acquiescence, servility and legitimization of the statu quo. What were the strategies to purge the judicial institution of its authoritarian legacy? How did the exercise of this institution's control agent (legal accountability) develop in the transition to democracy? The article argues that the purging strategy was external. A renewal imposed from outside through legal and political mechanisms, which was made possible as a result of the new scenario of political opportunity arising after the 1982 elections. Adapted from the source document.

The objective of the article was to analyze the legal specialization of adolescents in an extracurricular environment through art technology. The published results highlight the theoretical and practical aspects of the problem of the legal socialization of adolescents, which takes place in an extracurricular environment. The methodology of the research was represented by the theoretical study of this problem in its aspects: philosophical, legal, pedagogical, sociological and psychological, as well as by the experimental work with a sample of (342 adolescents). It has been shown that for the legal socialization of adolescents in non-formal education centers it is necessary: the application of axiological ideas and concepts of legal education, philosophy, legal pedagogy of adolescents in education through art technologies; the organization of cognitive-communicative interaction and communication as a means of increasing the legal socialization of the; consideration of the age characteristics, perspective and value changes of adolescents growing up in society. It is concluded that the structure of the legal socialization of adolescents should be considered as a holistic system in which different dimensions interact.

The aim of the article is to clarify the limits and content of the normative regulation of the prevention of domestic violence in Ukraine based on the values of natural law, the theory of criminal, civil and administrative law, and current legislation. In addition, an analysis of the legal support for the training and implementation of State policy in the field of protection of victims of domestic violence is carried out. The legal nature and content of the legal regulation of the prevention of domestic violence in Ukraine are revealed. The dialectical method contributed to the consideration and study of the problem in the unity of its social content and legal form and to the implementation of a systematic analysis of the normative regulation of the prevention of domestic violence in Ukraine. Everything allows us to conclude that the norms of international, European, and national law that regulate the relations of prevention and fight against domestic violence in Ukraine are articulated. Finally, special attention is paid to the organizational and legal aspects of the fight against domestic violence in relation to changes in Ukrainian legislation.

Ukraine's social security system faces significant difficulties. The challenges of the war add to the previously existing economic and demographic problems. The painful issue of ensuring social standards of the population in conditions of shortage of funds brings to the forefront ways to reduce the burden on budgets. In this regard, non-state social security is of great importance. In view of this, it is important to study the international experience of the functioning of non-state social security systems. The purpose of the work was to analyze the effectiveness of the Ukrainian system of non-state social security in comparison with the corresponding systems of other countries and to study international standards. The methodological basis of this research used such methods as: historical, statistical, comparative legal, formal legal and emergency method. In the conclusions of the case, the peculiarities of the non-state pension system of Ukraine are explained and the problems it faces are investigated. Several mechanisms that can lead to an increase of its efficiency and popularity among the population are considered. It was remarked that it is necessary to introduce changes, including through the implementation of international legal documents.

The purpose of the article was to identify and reveal the main contemporary modern legislative initiatives aimed at ensuring the expression of will by means of information technology. The main methodological tools applied in the study were comparative legal analysis and observational method. The study showed that effective manifestation of will requires further implementation of state-of-the-art systems of electronic petitions, digital resources and electronic voting. Relevant legislative initiatives should serve to increase the capacity for citizen participation and discussion. It is substantiated that the priority directions of changes in legal systems should be: 1) reforms aimed at closing the digital divide in access to information technologies; 2) technical improvement of the electronic voting procedure; 3) increasing the relevant informatization of citizens; 4) ensuring maximum protection of the state digital environment. Special attention should be paid to the legal development of a comprehensive technocratic approach. It is concluded that it is desirable to apply hybrid technology for the people to realize their right to vote and give them more opportunities to participate in the processes of governance and digital governance.

There are a number of questions in the theory and practice of law: "Who is a child?" "When does childhood begin and end?", "What is the definition of the term 'child'?", "What does the concept of 'child' include and what is the content that makes it up?". In this vein, the aim of the article was to analyze the issue of children's rights, the discussion of which is still under debate and does not fully satisfy all parties involved. The authors used a set of methods including: logical, chronological and systematic approaches, comparative analysis, as well as the results of social surveys, literature analysis and statistical methods. As a result, the content and essence of such historical and legal terms as "Rushd", "adna sinn al-bulug", "murohiq" were clarified. The authors conclude that at present there is a disagreement among researchers in determining the legal status of the concept of "child" and in elaborating the definition of "child" itself, so one of the ways to solve this problem is the proposal to change the legal definition of the concept of "child" by expanding its scope and meanings.

The aim of the article was to carry out a socio-philosophical analysis of the legal mentality in the context of European integration processes. Comparative and observational methods were the main methodological tools. The research revealed that the legal mentality of the EU population is characterized by respect for the law, human rights and freedoms. The rights of the individual are recognized as priority over the rights of the state. The Ukrainian legal mentality is characterized by legal nihilism, legal idealism, statism, anomie, detachment from legal culture and ambivalence. It is concluded that, the consolidation of civil society with public authority during the military aggression of the Russian Federation indicates positive changes in the legal mentality. There are some positive changes in the attitude of the EU population towards the future EU membership of Ukraine. Increased legal awareness is a necessary component for the development of Ukraine's legal mentality. The current achievements embodied in the national and European legal mentality in the EU countries can be guidelines for Ukraine to achieve its goal of European integration.

The research highlights the peculiarities of the decentralization of power in Ukraine in the political and legal implementation aspect of the principle of subsidiarity. The objective of the study was to determine compliance with the political and legal aspects of the decentralization process in Ukraine based on global standards of the use of the principle of subsidiarity, during the implementation of decentralization reform. The research methodology is because the principle of subsidiarity is the main feature of the interaction of all levels of power. This premise is recognized in the European Charter of Local Self-Government and therefore means an urgent task in modern Ukraine. Financial decentralization, district consolidation, the creation of different but united territorial communities, changes in the administrative-territorial structure, ensuring the capacities of communities, the provision of public services in accordance with national standards must be based on the principle of subsidiarity. The information gathered makes it possible to conclude that the principle of subsidiarity is a barrier to the overly profound centralization of the state body and the separation of power.

Recently, digital technologies (blockchain, cyber-physical computing, big data, etc.) have been playing a significant role in the development of the world economy and society. Their rapid implementation changes traditional processes and affects the economic situation, investment climate, and the general development of the state and public services. Such changes affect investment activity, transform economic relations, and, therefore, there is a need to study the prospects for the development of economic and legal support of investment activities in the digital age. The work aims to study investment activities in the digital age. The subject of research is the analysis of patterns and general theoretical aspects of their development. The methodology consists of hermeneutic, system-structural, structural-functional, historical-legal, comparative-legal, and formal-logical methods. As a result of the study, the investment activity in the conditions of digitalization was analyzed through the prism of economic-legal support, and the nuances of the formation of the "digital" gap between developed countries and countries with developing economies.

The article analyzes the existing health models in terms of their legal, economic and social effectiveness, innovative potential, as well as in the context of their ability to resist modern threats caused by changes in the environment, ecology, bio-information development and other technologies. The authors used the methods of comparative analysis, synthesis, structural-functional and statistical analysis. Everything indicates the need for a major modernization of existing care models and / or their replacement by new ones that satisfy the basic needs of the majority of society at the current stage of its development. Among the most prominent findings, it is also highlighted that the health insurance model is a creation of the late 19th and early 20th centuries. It was developed and implemented at a time when the economy, society, the social sphere, and technologies were completely different. The 2020 pandemic has revealed the reasons for the unsatisfactory health care work, in a seemingly as prosperous country as the United States, where the largest amount of budget money traditionally goes to health care.

Using a documentary-based methodology, the aim of the study was to identify the key features of the functioning of the legal system in the context of digitization processes. The rapid growth of information volumes, the formation of information sets and databases, the intensive development of digital technologies, their widespread introduction in various spheres of public life, their mediation in a growing number of areas and types of social interaction, the activities of state and public institutions are a significant factor in the development of modern society, forming a "digital" reality. It is concluded that, in the conditions of the new reality, the law becomes not only a means, a tool ensuring digitalization of economy, management and other segments of social life, but also, an object of influence of "digitalization", by virtue of which it undergoes changes in its form, content, system, structure, mechanism of action and shows tendency to intensify emerging transformations. As a result of the study, the current trends and prerequisites for the characteristics of the functioning of the legal system in the context of digitization processes were investigated.