Suchergebnisse

This study analyzes the peculiarities of the formation of modern civil legislation and peculiarities of its application in Ukraine, during the period of martial law. With the help of philosophical, general scientific and special legal methods and approaches, the legal nature of civil legal relations, the dynamics of their development and the mechanism of regulation under the conditions of a special legal regime were investigated. The expediency of showing a separate section in the Civil Code of Ukraine, which would contain temporary provisions providing legal guarantees for the period of war, for the implementation and protection of civil rights and interests of a person, additional obligations of the state to protect civil rights and interests, is based on social necessity. In the conclusions it is indicated that there is a scientific need to clarify the concept of updating the civil legislation of Ukraine with the key role of an anthropological approach, as a methodological basis for future recoding, and compliance with the principle of legality, proportionality of restrictions, proper definition of prerequisites for establishing restrictions on civil rights and the correct assessment of the degree of danger of occurrence of relevant circumstances.

Using general scientific methods such as cognition and reflection of legal philosophy, the article is devoted to the study of peculiarities of legal protection of orphans and children deprived of parental care in Ukraine. In this connection, the definition of orphanhood is formulated, as well as the socio-legal protection of children, the main stages of the socio-legal protection of children are defined, the general principles of ensuring the family rights of children in the system of their protection are established. It was also emphasized that the social and legal protection of orphans and children left without parental care should take into account the state approach and take place in the conditions of a new adoptive, foster and adoptive family. It is concluded that, the optimization of state activities in this area lies in the formation of an effective system, the basis of which is the mechanism of socially coordinated interaction of regional authorities and society as a whole.

In the scientific article, based on the analysis of scientific sources, the provisions of the current legislation and the practice of its application, with the help of general scientific and special methods of knowledge, the essence of property rights is revealed, and their characterization is carried out. It has been proven that the conceptual principles and provisions of the legislation, which should be relied upon when solving issues related to property rights, along with the norms of private and public law, are also contained in the provisions of international humanitarian law, which regulates the relevant legal relations in conditions of war. Attention is focused on the fact that in the event of a military conflict, the state is obliged to introduce appropriate legal mechanisms for compensation of the value of property, housing, land, in case of failure to ensure the possibility of returning to it or its destruction. It was concluded that it is necessary to develop and introduce a comprehensive law that will take into account all aspects of legal relations regarding ownership, use and disposal of property by individuals and legal entities.

The article offers a comparative legal analysis of the legislation in the regulation of the combat and prevention of gender violence by the police, studying, for this, the best international experience in this area. It indicates the need to define in the law profile the specific subdivisions of the National Police that carry out prevention of domestic violence, gender violence (Department of Preventive Activities; Patrol Service; Youth Prevention Units; District Police Service) to regulate its powers, competences and attributions. It is argued that a number of organizational and technical measures will help to increase the effectiveness of gender policy in the activities of the Ukrainian police: the creation of widely available databases showing statistics on cases of gender-based domestic violence, investigations and punishments, categories of victims and perpetrators. By way of conclusion, the desirability of introducing international best practices in policing in this area is demonstrated, in particular the adaptation of the «Blue Card» procedure carried out by the Polish police.