Journal №4 (32) vol. 3 / 2020|KELM

LIST OF FILES

VECTORS OF LIFE SUPPORT MANAGEMENT OF FOOD INDUSTRY ENTERPRISES

Svitlana Markova

Candidate of Sciences (Economics), Associate Professor, Department of Business Administration and Management of Foreign Economic Activity
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0003-0675-0235

Anotation. The purpose of the research is to define the vectors of life support management of the enterprise as the basis for the existence and conduct of business in the conditions of threats and weaknesses, internal and external environment of the organization. The study provided the definition of the economic category of «life support of the enterprise», as well as developed a conceptual model for the formation and provision of the life support management system of the enterprise. The influence of external and internal environmental factors on the company's activities was emphasized. The author determines the role of production factors in the creation of the foundations for the life support of the enterprise. The study conducted a detailed SNW analysis of the activities of the food industry. The analysis identified the existence of vectors that aggravate or improve the situation of the company (vectors of strengthening or weakening of life support) and enables top management to develop a strategy taking into account the vectors of life support weakening. The work provides a map of the goals, compliance and implementation of which will allow the company the level of its life support.
Keywords: The purpose of the research is to define the vectors of life support management of the enterprise as the basis for the existence and conduct of business in the conditions of threats and weaknesses, internal and external environment of the organization. The study provided the definition of the economic category of «life support of the enterprise», as well as developed a conceptual model for the formation and provision of the life support management system of the enterprise. The influence of external and internal environmental factors on the company's activities was emphasized. The author determines the role of production factors in the creation of the foundations for the life support of the enterprise. The study conducted a detailed SNW analysis of the activities of the food industry. The analysis identified the existence of vectors that aggravate or improve the situation of the company (vectors of strengthening or weakening of life support) and enables top management to develop a strategy taking into account the vectors of life support weakening. The work provides a map of the goals, compliance and implementation of which will allow the company the level of its life support.

FINANCIAL COMPONENT OF STATE POLICY IN THE FIELDS OF NATIONAL SECURITY AND DEFENSE OF UKRAINE

Antonina Murasko

Postgraduate student
Chernihiv Polytechnic National University (Chernihiv, Ukraine)

ORCID ID: 0000-0002-6991-2003

Anotation. The article identifies the key features of the financial component of state policy in the areas of national security and defense of Ukraine at the present stage. Prospects for defense spending in Ukraine and abroad are analyzed. Ways to a more rational use of available financial resources have been identified, and emphasis has been placed on increasing the amount of funding for national security and defense to ensure their long-term development and strengthen the defense capabilities of our state. The processes of economic support of military construction in Ukraine in recent years are characterized by diversity and complexity. Their main content can be considered changes in the management system of the military economy in general and the creation of military products, in particular weapons, as well as significant changes in military budget policy and the transformation of military and social policy of Ukraine.
Keywords: The article identifies the key features of the financial component of state policy in the areas of national security and defense of Ukraine at the present stage. Prospects for defense spending in Ukraine and abroad are analyzed. Ways to a more rational use of available financial resources have been identified, and emphasis has been placed on increasing the amount of funding for national security and defense to ensure their long-term development and strengthen the defense capabilities of our state. The processes of economic support of military construction in Ukraine in recent years are characterized by diversity and complexity. Their main content can be considered changes in the management system of the military economy in general and the creation of military products, in particular weapons, as well as significant changes in military budget policy and the transformation of military and social policy of Ukraine.

RESTORATIVE JUSTICE AS A WAY TO PROTECT THE RIGHTS OF CHILDREN

Inna Borysyuk

PhD Student of the Department of the General Theoretical Jurisprudence
National University «Odessa Academy of Law» (Odessa, Ukraine)

ORCID ID: 0000-0002-5085-0711

Anotation. In the article the author explores the ideas of restorative justice as an alternative to the punitive approach in criminal proceedings. Restorative justice is considered as a direction of development of the system of criminal justice concerning the juveniles in Ukraine. The legislative basis for the introduction of restorative justice in Ukraine is determined. The practice of realization of the Restorative Justice Program for juveniles who committed criminal offences is analyzed. The conditions and procedure of application of the program are characterized. One of the stages is the mediation procedure as an effective way of voluntary reconciliation of the victim and juvenile offender. It was revealed that successful application of the Restorative Program to a great extent depends, firstly, on the will of the parties, secondly, on the institutions acting in the field of child protection, thirdly, on the readiness of the society itself to perceive restorative justice. The need to popularize the idea of restorative justice both among professionals and in society as a whole is confirmed.
Keywords: In the article the author explores the ideas of restorative justice as an alternative to the punitive approach in criminal proceedings. Restorative justice is considered as a direction of development of the system of criminal justice concerning the juveniles in Ukraine. The legislative basis for the introduction of restorative justice in Ukraine is determined. The practice of realization of the Restorative Justice Program for juveniles who committed criminal offences is analyzed. The conditions and procedure of application of the program are characterized. One of the stages is the mediation procedure as an effective way of voluntary reconciliation of the victim and juvenile offender. It was revealed that successful application of the Restorative Program to a great extent depends, firstly, on the will of the parties, secondly, on the institutions acting in the field of child protection, thirdly, on the readiness of the society itself to perceive restorative justice. The need to popularize the idea of restorative justice both among professionals and in society as a whole is confirmed.

SUBJECTS OF ABUSE IN THE BANKRUPTCY CASE

Vitalii Dutka

Judge
The Economic court of Chernivtsi region (Chernivtsi, Ukraine)

ORCID ID: 0000-0002-2858-5624

Anotation. The article is devoted to the study of subjects of abuse of rights in bankruptcy. The main subjects of abuse of the right in the bankruptcy case, such as the debtor, creditors and the arbitration trustee, were analyzed. It is emphasized that the Bankruptcy Code of Ukraine uses the concept of “abuse of rights” only towards to the arbitral trustee. According to the research, the author concludes that the complexity of bankruptcy legislation, as well as the availability of contradictions and gaps, often permits unscrupulous entities to use bankruptcy proceedings to their advantage and contrary to the interests of other individuals and legal entities, society and the state. In addition to the main participants in the bankruptcy case – the debtor, creditors and the trustee, other situational participants in the case – the auction organizer, founders (participants) of the debtor etc. may abuse rights in the bankruptcy case.
Keywords: The article is devoted to the study of subjects of abuse of rights in bankruptcy. The main subjects of abuse of the right in the bankruptcy case, such as the debtor, creditors and the arbitration trustee, were analyzed. It is emphasized that the Bankruptcy Code of Ukraine uses the concept of “abuse of rights” only towards to the arbitral trustee. According to the research, the author concludes that the complexity of bankruptcy legislation, as well as the availability of contradictions and gaps, often permits unscrupulous entities to use bankruptcy proceedings to their advantage and contrary to the interests of other individuals and legal entities, society and the state. In addition to the main participants in the bankruptcy case – the debtor, creditors and the trustee, other situational participants in the case – the auction organizer, founders (participants) of the debtor etc. may abuse rights in the bankruptcy case.

LEGAL REGULATION OF THE ADMINISTRATIVE AND LEGAL STATUS OF A CIVIL SERVANT IN THE SYSTEM OF LAW ENFORCEMENT AGENCIES: A COMPARATIVE ANALYSIS

Oleksandr Yermak

Candidate of Economic Sciences

ORCID ID: 0000-0003-3854-2051

Anotation. The article is devoted to issues related to the establishment of the legal regulation of the administrative and legal status of civil servants in the law enforcement system by determining the specifics of the normative consolidation of the administrative and legal status of civil servants in Germany, France, Poland, and the United States. Emphasis is placed on the fact that in the countries selected for the study there is a special legal regulation of the administrative and legal status of civil servants. At the same time, there is no special separation of the status of civil servants in the law enforcement system. In order to increase the efficiency of civil servants in the law enforcement system, it is appropriate for the Ukrainian state to introduce the German practice of exempting civil servants from paying social security contributions; borrowing the experience of France on the special standardization of ethical norms and rules that must be followed by civil servants; borrowing the Polish practice of introducing preparatory service as an element of a civil servant’s career; borrowing the experience of the United States of America in recognizing the increased importance of advanced training programs established by the Office of Civil Service Affairs as a condition for further promotion in the civil service.
Keywords: The article is devoted to issues related to the establishment of the legal regulation of the administrative and legal status of civil servants in the law enforcement system by determining the specifics of the normative consolidation of the administrative and legal status of civil servants in Germany, France, Poland, and the United States. Emphasis is placed on the fact that in the countries selected for the study there is a special legal regulation of the administrative and legal status of civil servants. At the same time, there is no special separation of the status of civil servants in the law enforcement system. In order to increase the efficiency of civil servants in the law enforcement system, it is appropriate for the Ukrainian state to introduce the German practice of exempting civil servants from paying social security contributions; borrowing the experience of France on the special standardization of ethical norms and rules that must be followed by civil servants; borrowing the Polish practice of introducing preparatory service as an element of a civil servant’s career; borrowing the experience of the United States of America in recognizing the increased importance of advanced training programs established by the Office of Civil Service Affairs as a condition for further promotion in the civil service.

THE ROLE AND SIGNIFICANCE OF THE HEADMAN IN THE SYSTEM OF LOCAL SELF-GOVERNMENT AT THE BASIC LEVEL: PROBLEMATIC ISSUES AND WAYS TO IMPROVE

Yuliya Kovalchuk

Graduate Student
The Central'noukrainsky of state pedagogical university of the name of Volodymyr Vinnichenko (Kropivnitsky, Ukraine)

ORCID ID: 0000-0022-7817-4436

Anotation. Since the receipt of independence for Ukraine the process of perfection of the system of local self-government lasts in our state. For today we look after the duty stage in reformation of the system of local self-government, that includes for itself transformation of not only the system of organs but also parcel of land of communities by financial possibility, implementation of considerable spectrum of functions. One of aspects of present reform there is an input of institute of head. A self concept is not new for Ukraine in a historical plane, however for history of modern Ukraine it acquires a new value and needs additional attention from the side of legislator and scientific association. Analyse the state of efficiency and effectiveness of institute of head at base level, to set forth suggestions in relation to their perfection - is one of key aspects of publication.
Keywords: Since the receipt of independence for Ukraine the process of perfection of the system of local self-government lasts in our state. For today we look after the duty stage in reformation of the system of local self-government, that includes for itself transformation of not only the system of organs but also parcel of land of communities by financial possibility, implementation of considerable spectrum of functions. One of aspects of present reform there is an input of institute of head. A self concept is not new for Ukraine in a historical plane, however for history of modern Ukraine it acquires a new value and needs additional attention from the side of legislator and scientific association. Analyse the state of efficiency and effectiveness of institute of head at base level, to set forth suggestions in relation to their perfection - is one of key aspects of publication.

PROBLEMATIC ISSUES OF DETERMINING LEGAL FORMS IMPLEMENTATION OF THE FUNCTIONS OF THE STATE

Svitlana Kosharnovska

Lecturer at the Department of State and Law Disciplines, International Law and European Union Law
H.S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraina)

ORCID ID: 0000-0002-2351-4288

Anotation. The purpose of the scientific article is to identify certain problems in defining the concept of legal forms of implementation of the social function of the state, as such activities are performed by separate bodies and officials authorized by the state and only in the manner prescribed by law. The content of state power is revealed in its functions, competences of subjects, forms and methods of realization of their powers. The article proposes the definition of legal forms of state power, in addition, analyzes other forms of social function, among which an important place is the control and supervision form, which provides for control over the activities of state bodies in the social sphere not only parliament, government and other bodies. are part of the vertical of state executive power, but also the bodies that administer justice.
Keywords: The purpose of the scientific article is to identify certain problems in defining the concept of legal forms of implementation of the social function of the state, as such activities are performed by separate bodies and officials authorized by the state and only in the manner prescribed by law. The content of state power is revealed in its functions, competences of subjects, forms and methods of realization of their powers. The article proposes the definition of legal forms of state power, in addition, analyzes other forms of social function, among which an important place is the control and supervision form, which provides for control over the activities of state bodies in the social sphere not only parliament, government and other bodies. are part of the vertical of state executive power, but also the bodies that administer justice.

THE SYSTEM OF FINANCIAL CONTROL OF EXPENDITURE ON HIGHER EDUCATION

Zhanna Lytvynenko

Graduate student
The Classical Private University (Zaporizhzhia,Ukraine)

ORCID ID: 0000-0001-6652-0250

Anotation. The article is dedicated to the financial control over expenditures of higher education institutions, types and methods of financial control of higher education institutions, the author singles out public financial control of higher education institutions, proposes to exercise public financial control of higher education institutions by creating two main entities: Chamber of Ukraine and the Ukrainian Students’ Union, proposed such a variety of methods of financial control as endowment monitoring, which is an observation of the cash flow of higher education institutions.
Keywords: The article is dedicated to the financial control over expenditures of higher education institutions, types and methods of financial control of higher education institutions, the author singles out public financial control of higher education institutions, proposes to exercise public financial control of higher education institutions by creating two main entities: Chamber of Ukraine and the Ukrainian Students’ Union, proposed such a variety of methods of financial control as endowment monitoring, which is an observation of the cash flow of higher education institutions.

PERIODIZATION OF FUNDAMENTALS OF ADMINISTRATIVE AND LEGAL SUPPORT OF MODERN STATE SOCIAL POLICY

Vyacheslav Medyanik

Candidate of Political Sciences

ORCID ID: 0000-0003-3456-4472

Anotation. The article uses formal-logical, comparative and logical-semantic methods to analyze the main periods of formation and development of state social policy, summarize the main directions and features of social activity at different historical stages. It was found that the state social policy in Ukraine dates back to the time of Ukraine’s independence. Since independence, in different periods of historical development of state social policy, the relevant legal framework has been formed, which determines its content, directions and priorities, the subjects of this policy, the powers of public authorities in its formation and implementation. The opinion on the separation of six main periods in the history of formation and development of the legislation on the state social policy is substantiated: (crisis) – 1991-1996; (anti-crisis) – 1996-2000; (stabilization) – 2000-2004; (permanent) – 2004-2008; (pre-reform) – 2008-2014; (European integration) – since 2014 to this day. It is theoretically justified that the reforms carried out during the first years of independence were ineffective, which led to a decline in living standards and deepened the social crisis.
Keywords: The article uses formal-logical, comparative and logical-semantic methods to analyze the main periods of formation and development of state social policy, summarize the main directions and features of social activity at different historical stages. It was found that the state social policy in Ukraine dates back to the time of Ukraine’s independence. Since independence, in different periods of historical development of state social policy, the relevant legal framework has been formed, which determines its content, directions and priorities, the subjects of this policy, the powers of public authorities in its formation and implementation. The opinion on the separation of six main periods in the history of formation and development of the legislation on the state social policy is substantiated: (crisis) – 1991-1996; (anti-crisis) – 1996-2000; (stabilization) – 2000-2004; (permanent) – 2004-2008; (pre-reform) – 2008-2014; (European integration) – since 2014 to this day. It is theoretically justified that the reforms carried out during the first years of independence were ineffective, which led to a decline in living standards and deepened the social crisis.

PROVISION OF VERSIONS WHEN INVESTIGATING ROBBERY COMMITTED BY AN ORGANIZED GROUP

Oleksandr Mirkovets

Applicant
Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine (Mariupol, Ukraine)

ORCID ID: 0000-0003-4671-4415

Anotation. The article contains recommendations for building and verifying versions in criminal proceedings of robbery committed by an organized group. It has been established that in the presence of signs indicating the organized nature of the attackers' actions, it is necessary to build versions from general to private, ie from an organized group to a specific criminal, which will allow the pre-trial investigation body (investigator, operative) to solve strategic investigations more effectively. In another version of the version (eccentric scheme) - from individual to organized group (from partial to general) – is associated with a waste of time and does not provide timely setting of tasks at the strategic level, is less effective and underutilizes the heuristic capabilities of standard versions. It was stated that the planning of the investigation of robberies committed by an organized group ensures fast and effective procedural actions to identify the suspect. At the initial stage of the investigation of robberies committed by an organized group, typical, ie the most specific to a particular investigative situation, plans are widely used.
Keywords: The article contains recommendations for building and verifying versions in criminal proceedings of robbery committed by an organized group. It has been established that in the presence of signs indicating the organized nature of the attackers' actions, it is necessary to build versions from general to private, ie from an organized group to a specific criminal, which will allow the pre-trial investigation body (investigator, operative) to solve strategic investigations more effectively. In another version of the version (eccentric scheme) - from individual to organized group (from partial to general) – is associated with a waste of time and does not provide timely setting of tasks at the strategic level, is less effective and underutilizes the heuristic capabilities of standard versions. It was stated that the planning of the investigation of robberies committed by an organized group ensures fast and effective procedural actions to identify the suspect. At the initial stage of the investigation of robberies committed by an organized group, typical, ie the most specific to a particular investigative situation, plans are widely used.

IMPROVEMENT OF LEGAL BASIS OF STATE LOAN MANAGEMENT

Viktoriia Stetsiuk

Postgraduate Student
Classic Private University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0003-2432-9970

Anotation. The author considers the issues of normative-legal regulation of public relations, which arise and develop in one of the spheres of financial activity of the state, its subjects, as: legal regulation of state credit and public debt; key legal issues of issue and circulation of government securities on the securities market. Peculiarities of legal regulation of the government securities market, problems of the named market, directions of legal regulation of the government securities market, among which it is possible to allocate: definition of the order of issue (placement) of securities, including regulation of conditions of issue (subjects of issue, their powers); volumes of issue, registration of terms of issue, etc.); regulation of the activities of professional participants in the securities market, including licensing of their activities (brokers, depositories, exchanges, etc.); determination of the procedure for conducting operations on the secondary securities market; protection of the rights of owners and control over the observance of their rights by issuers and professional participants of the securities market (including by disclosing information about securities and regulating advertising on the securities market); implementation of public law functions of Ukraine.
Keywords: The author considers the issues of normative-legal regulation of public relations, which arise and develop in one of the spheres of financial activity of the state, its subjects, as: legal regulation of state credit and public debt; key legal issues of issue and circulation of government securities on the securities market. Peculiarities of legal regulation of the government securities market, problems of the named market, directions of legal regulation of the government securities market, among which it is possible to allocate: definition of the order of issue (placement) of securities, including regulation of conditions of issue (subjects of issue, their powers); volumes of issue, registration of terms of issue, etc.); regulation of the activities of professional participants in the securities market, including licensing of their activities (brokers, depositories, exchanges, etc.); determination of the procedure for conducting operations on the secondary securities market; protection of the rights of owners and control over the observance of their rights by issuers and professional participants of the securities market (including by disclosing information about securities and regulating advertising on the securities market); implementation of public law functions of Ukraine.

CRIMINOLOGICAL MONITORING AND ITS FEATURES

Yuri Tarasevich

Postgraduate student of the Department of Administrative and Criminal Law
Oles Honchar Dnipro National University

ORCID ID: 0000-0003-4414-958X

Anotation. It is shown that one of the most effective means of control in the field of crime management in science is considered to be criminological monitoring. Criminological monitoring of legal regulation opens wide opportunities for information support of moderators of the crime prevention system on the actual situation, as well as the dynamics of changes and projected parameters in the object of criminal prevention, taking into account the provisions on regulatory determination of crime. Being substantively and procedurally quite complex formation in the system of crime prevention, criminological monitoring reflects, on the one hand, segmentation in accordance with the structural elements of the subject of criminological science, being in some cases a linking chain that combines knowledge of criminogenic determination, prevention, crime prevention features of a technique and the organization of criminological researches, criminological forecasting and planning. Criminological monitoring of the effectiveness of legal regulation is aimed at ensuring timely and comprehensive information of the management of the fight against crime about the actual and potential state of reproduction of adverse factors of positive law elements on the criminogenic situation, to form an information model of legal determination of crime in general organization of constant corrective influence within the limits of further research (criminological examination) and practical (law-making activity) procedures. Further development of the methodology of criminological monitoring should be associated, firstly, with the use of the whole causal complex of crime, in the presence of which this scenario can be implemented, and secondly, with the simplification of digitalization of crime and socio-economic, criminological indicators its signs. In addition, the methodology should be based on systems that can autonomously process information, generate indicators in the form of adaptive responses, without taking into account the subjective opinion of researchers.
Keywords: It is shown that one of the most effective means of control in the field of crime management in science is considered to be criminological monitoring. Criminological monitoring of legal regulation opens wide opportunities for information support of moderators of the crime prevention system on the actual situation, as well as the dynamics of changes and projected parameters in the object of criminal prevention, taking into account the provisions on regulatory determination of crime. Being substantively and procedurally quite complex formation in the system of crime prevention, criminological monitoring reflects, on the one hand, segmentation in accordance with the structural elements of the subject of criminological science, being in some cases a linking chain that combines knowledge of criminogenic determination, prevention, crime prevention features of a technique and the organization of criminological researches, criminological forecasting and planning. Criminological monitoring of the effectiveness of legal regulation is aimed at ensuring timely and comprehensive information of the management of the fight against crime about the actual and potential state of reproduction of adverse factors of positive law elements on the criminogenic situation, to form an information model of legal determination of crime in general organization of constant corrective influence within the limits of further research (criminological examination) and practical (law-making activity) procedures. Further development of the methodology of criminological monitoring should be associated, firstly, with the use of the whole causal complex of crime, in the presence of which this scenario can be implemented, and secondly, with the simplification of digitalization of crime and socio-economic, criminological indicators its signs. In addition, the methodology should be based on systems that can autonomously process information, generate indicators in the form of adaptive responses, without taking into account the subjective opinion of researchers.

DETERMINATION OF THE ROLE AND PLACE OF THE NATIONAL GUARD OF UKRAINE IN ENSURING THE PROTECTION AND SECURITY OF JUSTICE

Svitlana Khominich

Judge
The Saksagan District Court (Kryvyi Rih, Ukraine)

ORCID ID: 0000-0002-7393-4539

Anotation. The article defines the role and place of the National Guard of Ukraine in ensuring the protection and security of justice. The administrative and legal status of the National Guard of Ukraine is characterized, which represents the organizational position of the National Guard of Ukraine in the system of bodies authorized to ensure security and safety in courts, as well as the set of rights and responsibilities of servicemen of the National Guard of Ukraine, their powers and special responsibilities; additional rights; guarantees of personal safety and security of their family members. It is established that the National Guard of Ukraine is temporarily, for the period before the full implementation of the powers of the Judicial Protection Service, endowed with powers to maintain public order in court.
Keywords: The article defines the role and place of the National Guard of Ukraine in ensuring the protection and security of justice. The administrative and legal status of the National Guard of Ukraine is characterized, which represents the organizational position of the National Guard of Ukraine in the system of bodies authorized to ensure security and safety in courts, as well as the set of rights and responsibilities of servicemen of the National Guard of Ukraine, their powers and special responsibilities; additional rights; guarantees of personal safety and security of their family members. It is established that the National Guard of Ukraine is temporarily, for the period before the full implementation of the powers of the Judicial Protection Service, endowed with powers to maintain public order in court.

THE CONCEPT AND THE SUBJECT OF EVIDENCE IN CASES OF VIOLATION OF CUSTOMS RULES AS A NORMATIVE AND DOCTRINAL CATEGORY OF ADMINISTRATIVE LAW

Oksana Chernyavska

applicant the Department of Maritime and Customs Law
National University "Odessa Law Academy" (Odessa, Ukraine)

ORCID ID: 0000-0002-3263-5006

Anotation. The paper is dedicated to issues of the concept and the subject of evidence in cases of violation of Customs Rules as a normative and doctrinal category of Administrative Law. There is stressed, the evidence plays a significant role in proceedings in cases of administrative offenses as it is a tool for achieving objective truth in the case. The evidence in proceedings in cases of administrative offenses in the field of Customs Affair can be identified as a normatively regulated type of cognitive activity of administrative procedural nature of Customs Officials, declarants, experts, right holders, judges and individual participants of the proceedings that is aimed to achieving objective truth in cases of administrative offenses under the competence of Customs Authorities.
Keywords: The paper is dedicated to issues of the concept and the subject of evidence in cases of violation of Customs Rules as a normative and doctrinal category of Administrative Law. There is stressed, the evidence plays a significant role in proceedings in cases of administrative offenses as it is a tool for achieving objective truth in the case. The evidence in proceedings in cases of administrative offenses in the field of Customs Affair can be identified as a normatively regulated type of cognitive activity of administrative procedural nature of Customs Officials, declarants, experts, right holders, judges and individual participants of the proceedings that is aimed to achieving objective truth in cases of administrative offenses under the competence of Customs Authorities.

LEGAL PRINCIPLES OF PROVISION OF CUSTODY AND CARE (ON THE MATERIALS OF UKRAINIAN PROVINCES AS A PART OF THE RUSSIAN EMPIRE)

Dmytro Shevchenko

PhD of Law Science, doctoral student
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-7891-3331

Anotation. Taking into account the doctrinal study, it was concluded that according to the legislation of the second half of the XIX - early XX centuries, guardianship was enshrined in one of two types: either as a family regime under government supervision, or as a governmental aspect, such as some codes, obviously there was a desire to combine both of these types to some extent. At the same time, in all laws under legal guardianship, the preemptive right to hold a guardianship position belonged to the relatives of the minor, but with the exception of domestic law, which equalized the rights of relatives and outsiders. The essence and functions of guardianship and care changed depending on the peculiarities of the historical development of society and evolved within the concept of the need to preserve the property of minors and the education of the subject.
Keywords: Taking into account the doctrinal study, it was concluded that according to the legislation of the second half of the XIX - early XX centuries, guardianship was enshrined in one of two types: either as a family regime under government supervision, or as a governmental aspect, such as some codes, obviously there was a desire to combine both of these types to some extent. At the same time, in all laws under legal guardianship, the preemptive right to hold a guardianship position belonged to the relatives of the minor, but with the exception of domestic law, which equalized the rights of relatives and outsiders. The essence and functions of guardianship and care changed depending on the peculiarities of the historical development of society and evolved within the concept of the need to preserve the property of minors and the education of the subject.