id: 31963
Назва: Protection of property rights in the practice of the European Court of human rights and national courts of Ukraine
Автори: Tomliak T.
Ключові слова: YeSPL, ownership, protection of property rights, national courts, earth, credit dispute.
Дата публікації: 2022-11-08 10:28:19
Останні зміни: 2022-11-08 10:28:19
Рік видання: 2022
Аннотація: The collective monograph is devoted to the study of trends in the development of modern Ukrainian legal society. The research uses an interdisciplinary approach, which allows analyzing and characterizing various aspects, aspects and approaches to the development of socio-legal processes in Ukraine and obtaining socially significant scientific results. Leading scientists Tamila Mangora and Maryna Lukiyanova emphasize that the Ukrainian legislation, which is aimed at settling the issue of resolving labor disputes in court, needs improvement. However, in order to solve urgent problems in the specified area, studies devoted to the consideration of foreign experience in resolving labor disputes in court are of particular relevance. This is explained primarily by the fact that in many countries of Europe and the world, specialized labor courts have been operating for a long time, which play a leading role in the resolution of individual and collective labor disputes, while at the same time ensuring maximum consideration of the interests of participants in labor relations. In their research work, Olga Durach and Yuriy Damianchuk pay attention to the organization of the work of courts during martial law, emphasize the implementation of the definition of the basic principles of the organization of the judicial power of Ukraine. They reveal the peculiarities and problematic issues of the administration of justice during martial law, consider the administrative and legal principles of corruption prevention, offer ways to solve such issues and ensure the right to a fair trial during the administration of justice during martial law. Taisa Tomlyak examines the legal positions of the European Court of Human Rights. Explores the broad understanding in the practice of the Court of "society`s interests" in the application of measures of deprivation of the right to property and at the same time ensuring a proportional relationship between the goal set and the means used. The author analyzed the current civil legislation and judicial practice of the Civil Court of Cassation, the Commercial Court of Cassation of the Supreme Court and the Grand Chamber of the Supreme Court regarding certain categories of credit disputes and land cases, including the resolution of jurisdictional problems in the consideration of land disputes. In her chapter, Natalya Chernyshchuk states the fact that the growth of the role of a lawyer in modern society is objectively due to the complication of social infrastructure (democratization of social relations, liberalization of economic life, growth of private initiative), the development of the legal status of the individual, the expansion of individual rights and freedoms. The role of various forms of social and legal regulation is growing, which leads to the emergence of specific social mediators in relations between people and their groups, as well as the state.
In his chapter, Oleksandr Pogulyayev considered the legal approaches of the political forces of the Right Bank ethnic minorities in solving the issue of international relations during the years of struggle for Ukrainian statehood, the influence of foreign policy factors on the formation of national demands of political parties and public organizations.
Andrii Dzevelyuk, based on the study of the life path of M.Yu. Chizhov, considers his formation as a lawyer and a political scientist in an interconnected context. Analyzes his conclusions that a lawyer should study not only the forms in which law is made available to us, not only the forms in which it becomes mandatory, but also the awareness of law as one of the social phenomena, as a product of various social factors that act under the influence of certain laws. The section prepared by Vitaly Kaidashov is dedicated to solving the problem of the legal basis of the safety of the quality of agricultural products. The author emphasizes that despite the high degree of importance of the problem under investigation, the current legislation of Ukraine on the safety and quality of agricultural products is imperfect, contains many gaps in the legal regulation of the specified issues. Authors Andriy and Maryna Pravdyuk in the context of various aspects consider and give their practical characteristics to the constitutional obligations of citizens to pay taxes in Ukraine and the European Union.
In the research of Iryna Skichko, the legal prerequisites for the formation of modern vectors of French foreign policy are clearly observed. At the same time, the approach of temporal differentiation and subject analysis was used, which was carried out in accordance with the periods of the reign of French presidents and in relation to the key geopolitical directions of foreign policy - European, Atlantic, Middle Eastern, African. The content of the collective monograph corresponds to the research direction of the Department of Law of the Vinnytsia National Agrarian University "Legal protection of human rights and freedoms in the conditions of European integration". The monograph uses legal, social and legislative research methods.
URI: http://socrates.vsau.org/repository/getfile.php/31963.pdf
Тип виданя: Монографії видані за кордоном
Видавництво: Actual problems of modern development of the state and law. Monograph. – Primedia eLaunch,Boston, USA, 2022. Р. 95-135.
Розташовується в колекціях :
Ким внесений: Адміністратор
Файл : 31963.pdf Розмір : 1382795 байт Формат : Adobe PDF Доступ : Загально доступний
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