Suchergebnisse

The article is dedicated to the issues of legal medical sphere regulation in Ukraine. The purpose of the article is to study current issues of improving the Ukrainian legislation in the field of health care, to identify existing problems and outline the ways to solve them.The study of legal phenomena and legal categories was carried out through using general and special legal methods of cognition, namely: classification method, modeling, specific-statistical, systematical-structural, comparative-legal, formal-legal, dialectical and other methods of scientific analysis according to the research subject. Conclusions. The article asserts that for the effective reform of the medical sector and for sufficient protection of legal entities' rights and freedoms in the health care field, a high-quality regulatory framework is needed. It has been proven that the improvement of the current healthcare legislation is complicated by the complex essence of legal relations in this area and the lack of a clear and systematic approach. It is substantiated the expediency of passing the special consolidated legislative act with a clear internal structure – the Medical Code of Ukraine. The author proposes to amend provisions regulating the protection of personal data, epidemiological surveillance and infection control. The adoption of the law on medical self-government and development of modern industry standards for medical care is substantiated. The problems of industry staffing, as well as the lack of strategic documents for the training for health workers and imperfect instructions for managers of several health care institutions are analyzed. The author also identifies the main problems of personnel policy in the healthcare. The author specifies the necessity to unite the efforts of scientists and practitioners in the medicine and jurisprudence for solving all the individual problems on improving the regulatory framework in the field of health care. Keywords: medical reform, healthcare, regulatory act, legislation, Medical code, medical self-government, medical standard, COVID-19, declaration.

The article examines the state policy in the field of health care in the leading European countries: Sweden, Germany and France. The purpose
of this article is to analyze and systematize the basic organizational and legal foundations of state health policy in the EU and to develop recommendations for improving and reforming the Ukrainian health care system. The research was carried out in terms of the principles of historicism,
objectivity, versatility, complementarity and validity, which created a reliable methodological basis for a comprehensive analysis of the subject. The
work used comparative law, formal law, system-structural, classification method, modelling method, specific statistics, historical law and other
methods of scientific analysis in accordance with the subject of research.
The paper argues that public health policy is unique in each country, and its formation has been influenced by the historical past, political regime, national mentality and other factors. The article emphasizes the need to create a special code of laws in this area in Ukraine during the reform
of the health care system, which will contribute to the quality of legal regulation of relations between patients, health care facilities, insurance companies and the state. The authors believe that one of the further directions of reforming the health care system of Ukraine should first of all be the
introduction of compulsory state health insurance. It is substantiated that insurance should be carried out on a tripartite basis: deductions from the
income of entrepreneurs, deductions from the state budget and insurance premiums. The need to strengthen measures aimed at preventing the
occurrence of the disease has been proved.

The article analyzes the process of origin and development of migration policy of state entities on Ukrainian lands in the 10th – first half of the 18th century. The research methodology is to study and analyze the organizational and legal foundations of Ukrainian migration policy during the study period. The validity of theoretical provisions, conclusions, scientific analysis and reliability of the results of the study is ensured by the use of a set of philosophical, general scientific and special scientific methods, namely: historical law, comparative law, historical and functional, formal legal and others. The study was conducted from the perspective of the principles of historicism, objectivity, versatility, complementarity and validity, which created a sound methodological basis for a comprehensive analysis of the subject matter of the study. The scientific novelty is the historical and legal analysis of the basic state-legal elements of migration policy, the identification of peculiarities of their functioning and effectiveness. The scientific novelty is the historical and legal analysis of the basic state-legal elements of migration policy, the identification of peculiarities of their functioning and effectiveness. The paper states that in the Middle Ages state control was established over the movements of foreigners, ambassadors and merchants. Subsequently, as the socio-economic and political situation changed, the problem of regulating the movement of not only the privileged classes but also the general population arose. It is observed that further strengthening of migration control, both external and internal, comes from the introduction of a passport system. It was found that effective state control over migration, which was based on the passport system, was managed not by the Polish authorities but by the Russian authorities. It was noted that the system of control over the population movement and passport system for some time was established in the territory of Zaporizhzhia Troops, which, in addition, allowed the Sich to emphasize its jurisdiction over the owners of Cossack passports. It has been proved that, since the seventeenth century, the passport has become the main instrument in the implementation of the state migration policy. It is established that it was in the 16th–17th centuries practices of managed and forced resettlement are being started, which will later be actively used by the Soviet authorities. Keywords: migration, a migration policy, a passport, a managed resettlement.

The article deals with the legal and organizational principles of the migration policy of Soviet Ukraine. The authors aim to analyze and characterize the whole range of methods and means of regulating migratory flows used by the Soviet authorities. The article analyzes the components of the Soviet migration policy: the passport system, the controlled and compulsory population movements, the regime of external migration, and the like. It is noted that the migration legal framework was formed without taking into account generally accepted international legal standards. Regulatory acts in the field of regulating the movement of population had one goal – to achieve full control by the state for the movement of a person and subordinate these movements to the interests of the state.

The methodological basis of the article consists of the principles of historicity, objectivity, versatility, complementarity and reasonableness. To analyse the development of the migration policy of the Soviet Ukraine, dialectical, chronological, systemic-structural, historical, comparative and other general scientific, as well as special scientific methods according to the subject of research are used.

The study finds the main instrument for monitoring and streamlining migration flows in the Soviet Ukraine was the long-standing passport system, and but not the economic policy and human rights and freedoms. The freedom to choose a place of residence has been kept to a minimum. This was in line with the migration doctrine of the Soviet era, which was determined in the All-Union Centre and was reduced to the strict control over the movement of the population, the extreme limited travel abroad. The choice of personality was to be subject to public interests that were understood as the interests of the state. In the last years of the Soviet Union's its most odious limitations gradually weakened, but only marginally. State interests were motivated by a number of diverse controlled displacements. However, the authors prove that the desire to strictly regulate migration processes by the Soviet authorities was not fully realized. Firstly, organized resettlement had never been a dominant form of displacement of the population in the USSR, even during the most rigid totalitarian regime. Secondly, a significant part of the organized resettlement ended with the return of migrants to their former residence or relocation to another place.

The authors draw attention to the fact that the constituent part of the migration policy of the Soviet Ukraine was the forced migration, which was carried out in the form of deportation of entire ethnic groups. Such voluntarist events have affected millions of different nationalities, and Ukraine has been experiencing their results to this day. Thus, the authors conclude that at the time of Ukraine's independence proclaimed, migration policy and its institutes in Ukraine were in fact absent, which is explained by the presence of only a surrogate statehood and the predominance of administrative methods over political management of migratory flows.

The purpose of the article is a comprehensive historical and legal analysis of the peculiarities of the reception of Roman law in the Statutes of the Grand Duchy of Lithuania on the example of inheritance law. The reasonableness of theoretical propositions, conclusions, scientific analysis and the reliability of research results are ensured by using of a set of philosophical, general scientific and special scientific methods, namely: historical and legal, comparative and legal, historical and functional, formal and legal, etc. The research was carried out from the perspective of the historicism principles, objectivity, versatility, complementarity, and reasonableness, which created a reliable methodological basis for a comprehensive analysis of the research subject. The article provides a comparative legal analysis of Article 14 of Chapter V of the Statute of 1529 with the provisions of Justinian's Institutions and Digest, as well as Article 13 of Chapter IV of the Statute of 1529 and Article 7 of Chapter VIII of the Statute of 1566 with Justinian's 115th novella. It is proved that the active transplantation of the norms of Roman law to the Lithuanian-Russian soil did not begin in the Statute of 1566, but during the work on the Statute of 1529. It was established that the reception of the provisions of Roman law in the Lithuanian statutes is mostly superficial, the theoretical part and complex legal categories Roman jurisprudence is almost never used, and borrowings often turn into a literal translation of one or another norm. The author comes to the conclusion that in some cases the Lithuanian-Russian law adopted the Roman norms of inheritance law so much that it even used identical exceptions from the general rules. The problem of ways of reception of Roman legal norms, especially regarding the Statute of 1529, remains debatable and relevant enough to be analyzed in detail in a separate scientific study in the future.

This article is devoted to the interdisciplinary research of Migration Policy and determination of Main Trends of its realization in Ukraine at the current stage. The authors aim to analyse and characterize migration as the subject of interdisciplinary research, because the Governmental Migration Policy should be formed on the basis of international legal standards, taking into account the demographic and economic indicators, conditions of labor market, etc.

The Basic Steps of Migration Policy-making have been defined. The study finds that during the era of strengthening of integration relations between the countries and dynamic globalization processes, the external migration becomes an inevitable phenomenon to provide the exchange of experience, increasing level of professional qualifications, as well as strengthening of business relations between the countries through transfer of labor resources. At the same time, in Ukraine the phenomenon of the international labor migration has become so widespread that the status of this issue determined it as a priority problem to be solved in the near future; first of all this situation has been caused by the refusal of people traveling abroad to come back to their native country, being the "catalyst" for a number of another problems, which are related, in particular, to the social and economic and innovative development of the country. Migration is one of the factors of demographic development in Ukraine, it involves the redistribution of the population among the regions, while, on the other hand, this re-distribution influences the demographic disbalance within the

regions of the country.

The authors have also identified that the efficiency of migration policy is determined by degree of consideration of the factors of political, economic, social and demographic origin, as well as by the trends of international labor migration. Under the circumstance of the demographic crisis, many countries have been interested in Ukrainian labor migrants, thus, in the article have been find, that only the effective governmental policy will allow to suspend the process of the outflow of domestic labor force, along with the simultaneous provision of adequate protection for those citizens who would like to get employed abroad and conditions for their coming back to Ukraine.

On the basis of the study results, the main trends of implementation of Migration Policy in Ukraine have been identified: lack of system of collecting and analyzing the statistical information; low level of protection of rights and economic well-being of the employees; absence of any bilateral agreements with those countries where a large number of Ukrainian migrants have been located; significant volume of educational migration; impact of the military and political situation upon the situation with migration. The authors draw attention to the fact that the mentioned trends into consideration, the governmental policy in the field of migration should become comprehensive and devoted to determine the methods of reducing the level of labor migration of the employees, outflow of the trained personnel, as well as promotion of coming back of the migrant workers back to Ukraine.

This Article is devoted to the interdisciplinary research of Migration Policy and determination of Main Trends of its realization in Ukraine at the current stage. The Basic Steps of Migration Policy-making have been defined. We have also identified that the efficiency of migration policy is determined by degree of consideration of the factors of political, economic, social and demographic origin, as well as by the trends of international labor migration. On the basis of the study results, the main trends of implementation of Migration Policy in Ukraine have been identified: lack of system of collecting and analyzing the statistical information; low level of protection of rights and economic well-being of the employees; absence of any bilateral agreements with those countries where a large number of Ukrainian migrants have been located; significant volume of educational migration; impact of the military and political situation upon the situation with migration. Nowadays, migration processes are one of the key factors in formation of well-being and level of social and economic development of the countries. The global trend of decreasing population, in particular, due to the demographic crisis, push many countries to implement the related migration policy, in order to compensate the loss of labor resources by means of its substitution with the migrant workers. While analyzing the main trends of labor migration in Ukraine, we should underline that nowadays the labor outflow is extremely problematic within the country. The learning of Migration Policy has been realized from the point of view of the principles of historicist tradition, objectivity, complementarity and reasonability, those aspects related to the methodological basis for comprehensive analysis of the subject under study. Researching of Migration Policy in Ukraine was performed with analysis of historical, demographic, economic, social and legal aspects of development. Nowadays, educational migration has a strong influence on migration policy in the country, that's why it's needed to be studied deeply. The holistic approach to the problem exploration led to the conclusion that due to the increasing volume of international labor migration, which is closely inter-related with the processes of European integration, there is an increasing need to stipulate and implement the effective migration policy, in particular, in order to reduce the emigration losses for Ukraine and provide conditions for coming of the migrants back to their country.