The article examines the state and legal provision of children's rights to education in Ukraine i... more The article examines the state and legal provision of children's rights to education in Ukraine in the 1920s. The prescriptions of normative legal acts which regulated the realization of children's right to education were analysed. The actual state of affairs in the field of state and legal provision of children's rights to education is considered using examples. The article is structurally divided into five parts based on the logic of the material's presentation. Thus, the first part emphasizes the relevance of this study for Ukraine, given that the COVID-19 epidemic and the Russian invasion of Ukraine will inevitably have a negative impact on children's right to education. Statistics on damage and destruction of educational institutions are provided, which impedes access to education for children throughout the country, especially in conflict-affected areas. The state-legal provision of children's rights to general school education and the specifics of its provision in Ukraine in the 1920s are analysed in the second part, as well as the specifics of guaranteeing and realizing the rights of children to special education, namely the education of children with physical and/or mental disabilities, pedagogical, craft and industrial schools and educational workshops, etc. are analysed in the third part. The fourth part of the article is devoted to consideration of new standards of state-legal provision of children's rights to education in the 1920s. The fifth section summarizes the results of the study and provides recommendations for overcoming the consequences of the COVID-19 pandemic and the war in Ukraine in the state-legal provision of children's rights to education. Key words: children's rights to education, education for children with disabilities, the Public Education Code of Ukrainian SSR of 1922, state and legal provision of education in critical conditions, appropriate level and quality of education.
With Russia’s full-scale invasion of Ukraine and other problems that have arisen in recent years,... more With Russia’s full-scale invasion of Ukraine and other problems that have arisen in recent years, the issue of Ukrainian children who find themselves in difficult life circumstances has become a significant problem. This situation demands urgent measures. For better or worse, Ukraine has experience in this regard and a history of combating the problem of child homelessness and neglect in the 1920s. Moreover, Ukraine’s neighbour, Poland, also has a history of combating the same problem in the 1920s. In this article, child homelessness and neglect in Ukraine and Poland were studied. Furthermore, legal measures to combat this problem were explored. It was useful to examine the state of the problem and legal measures to combat it to see what lessons could be learned from the successful experience in Ukraine and Poland in solving the problem of child homelessness and neglect in the 1920s.
LEGAL STATUS OF THE UNION REPUBLICS DURING THE REBUILDING (1985-1991), 2022
The relevance of the topic of the article is determined by the very specific features of coexiste... more The relevance of the topic of the article is determined by the very specific features of coexistence and interaction of central and local authorities, which is expressed in the objective need to find in each case effective mechanisms for balancing and reconciling their interests. The purpose of the article is to study the complex and contradictory processes of the rebuilding period in the USSR, related to the implementation of administrative reform by M.S. Horbachov, in particular, such an important component as the separation of powers between the union and republican bodies of state power and administration. With the use of formal-legal, logical-legal and historical-genetic methods, thorough conclusions are made about the reasons for the failure of M.S. Horbachov in the separation of powers between the center and the seats. Based on the application of the comparative historical and legal method, the peculiarities of administrative reform in some Soviet republics are singled out. The activities of the ruling elite of the USSR aimed at transforming the state mechanism through the redistribution of powers between the union and republican authorities are gradually analysed with the involvement of normative and legal material. The concrete steps of the union republics to declare their sovereignty in the conditions of deteriorating domestic political situation in the USSR are considered. The process of preparation for the adoption by the Soviet republics of the new Union Treaty as a way of overcoming the crisis that engulfed the USSR at the end of the perestroika M.S. Horbachov. The practical value of scientific work is manifested in the following provisions: decentralisation processes through the redistribution of powers between central and local authorities should be comprehensive, well-planned and conducted based on scientifically developed models; professionalism and general competence of elites become a critical factor in the context of large-scale managerial reforms; the category of time is the most important resource during the state and legal transformations in the conditions of intensive technological development
One of the most pressing issues in the world today is the protection of children’s rights. A majo... more One of the most pressing issues in the world today is the protection of children’s rights. A major event in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However, the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations and therefore participated in the development and adoption of the UN Convention on the Rights of the Child, like Turkey, whose observers also participated in this process. This article examines the participation of Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights of the Child. However, the adoption and ratification of the Convention is only the first step in the realization of children’s rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the field of protection of children’s rights are also studied. This article concludes on the different direction of the special laws of these countries. Moreover, there are some differences in the content of the laws, namely some of them includes not only rights, but also the duties of the child. The state of protection of children’s rights in Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs to be improved. The conclusions provide recommendations for improving the legislation of these countries.
Background: The rights of the child have always been a focus of international organisations, incl... more Background: The rights of the child have always been a focus of international organisations, including the United Nations. This is evidenced by the fact that in 1979 the UN Commission on Human Rights established a Working Group to draft a convention on the rights of the child, which from 1979 to 1989 worked on establishing a universal treaty for children around the world. Among other articles, members of the Working Group developed provisions on juvenile justice. The result of this hard work was that international standards of juvenile justice were established in Arts. 37 and 40 of the UN Convention on the Rights of the Child.
Methods: The historical and legal methods were the main methods of the research, which allowed us to make a comparison of the draft texts of Arts. 37 and 40. This comparison gave us an opportunity to trace the development of thoughts of states parties about the treatment of children in penal matters and punishments for committed crimes. The paper begins by considering the draft texts of Art. 20 (which would become Arts. 37 and 40) of the Convention that were proposed for discussion. We reveal the main discussions and contradictions of the members of the Working Group. The next part describes the reason for dividing the initial article about juvenile justice into two separate parts. The final important comments and suggestions of
state parties are also highlighted.
Results and Conclusions: The process of adopting these articles was long and difficult, as it turned out that developing universal proposals with which all member states would agree was a complex task. Nowadays, Ukraine is trying to reform its legislation, particularly in the sphere of juvenile justice. That is why some useful ecommendations for Ukrainian legislation are proposed in the concluding remarks.
Journal of the National Academy of Legal Sciences of Ukraine, 2021
Children's medical rights were actively developed in the twentieth century after the First World ... more Children's medical rights were actively developed in the twentieth century after the First World War. It was an event of a global scale that prompted legislative changes in national legislations, including Ukraine. Ukraine's experience in children's health care is rich in examples of both successful reforms in this field, and also not that successful ones. The development of children's medical rights in Ukraine had passed different stages of its development. The period from 1919 to the beginning of the 21st century was taken to resolve this issue. The choice of this historical period is justified by the
presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular.
The methodology of comparative historical and legal research is extremely
complex, as each stage ... more The methodology of comparative historical and legal research is extremely complex, as each stage puts forward a number of specific requirements for the qualification of a historian, as well as for the procedure for working with historical and legal material. However, despite the importance of comparative analysis, which consists of comparing historical and legal objects, the stage of interpreting and evaluating the results of comparative research remains the priority in the context of heuristic knowledge. However, there are still no clear algorithms by which the comparative historian can perform this task, nor is there a general understanding of the direction in which the data obtained during the historicallegal comparison should be explained. Particular difficulties arise in interpreting the results of the comparison of specific historical and legal objects such as the court and the judiciary. In this article, we try to overcome this discrepancy between the theory and practice of the comparative historical and legal method using the comparative analysis of juvenile justice in Ukraine and Poland in the 1920s, recreating the sequence of actions of a comparative historian, which lead to important scientific results. The structure of the article is determined by its main task and therefore begins with the coverage of theoretical and methodological principles of interpretation and evaluation of the results of comparative historical and legal analysis. In particular, this part deals with the main approaches to the explanation of the data obtained during the comparison of historical and legal objects, as well as the primary rules and principles of their interpretation. The next part of the article is devoted to a specific example comparing juvenile commissions of the Ukrainian SSR and juvenile courts and probation officers of Poland in the 1920s and further explanation of the information obtained. Finally, the last part of the article explores the possibilities and prospects of historical and legal forecasting at the stage of evaluating the results of a comparative study.
This article studies establishment of juvenile courts in some European countries and Ukraine. Als... more This article studies establishment of juvenile courts in some European countries and Ukraine. Also the provisions of the constitutions of some European countries of the first third of the twentieth century concerning the rights of children and the consolidation of children's rights in sectoral legislation in Europe and Ukraine are examined. Experience of some European countries and Ukraine is summarized in the final conclusions and reader finds some recommendations for the Ukrainian legislators.
У статті досліджено питання забезпечення охорони здоров’я дітей в Україні з моменту встановлення ... more У статті досліджено питання забезпечення охорони здоров’я дітей в Україні з моменту встановлення радянської влади і до проголошення у 1991 р. незалежності Розглянуто і проаналізовано закони, конституційні та інші нормативно-правові акти, що стосувалися охорони здоров’я дітей, стан гарантування й забезпечення медичних прав дітей, а також медичні реформи в галузі охорони здоров’я дітей. Зроблено висновок, що в означений період спостерігається позитивна тенденція розвитку законодавчого закріплення, гарантування й забезпечення медичних прав дітей в Україні.
The article examines the issue of children’s health care in Ukraine since the establishment of Soviet regime until independence in 1991. Constitutional acts, laws and other legal acts related to the children’s health care, the state of guarantee and protection of children's health rights, and medical reforms in the field of children's health have been reviewed and analyzed. The conclusion about the positive tendency of development of legislative consolidation, guarantee and maintenance of medical rights of children in Ukraine in the studied period was made.
У дослідженні розглянуто питання боротьби з правопорушенням неповнолітніх і правопорушенн... more У дослідженні розглянуто питання боротьби з правопорушенням неповнолітніх і правопорушеннями, де вони були постраждалою стороною.Упершій частині проаналізованозаконодавствоз питань правопорушень неповнолітніх та щодо них. Надана характеристика закладівдля неповнолітніх правопорушників, встановлені особливості утримання в них неповнолітніх й основні заходи впливу (пере-виховання). Друга частина присвячена органам, які здійснювали захист порушених прав неповнолітніх і ведення справ неповнолітніх правопорушників. Проаналізовано повноваження вказаних органів, а також наголошено на провідній ролі комісій у справах неповнолітніх. Прослідковано зміни у структурі, складі йповноваженнях комісій у справах неповнолітніх. Акцентовано на позитивному досвіді обслідувача-інструктора у справах неповнолітніх правопорушників.
The article examines the state and legal provision of children's rights to education in Ukraine i... more The article examines the state and legal provision of children's rights to education in Ukraine in the 1920s. The prescriptions of normative legal acts which regulated the realization of children's right to education were analysed. The actual state of affairs in the field of state and legal provision of children's rights to education is considered using examples. The article is structurally divided into five parts based on the logic of the material's presentation. Thus, the first part emphasizes the relevance of this study for Ukraine, given that the COVID-19 epidemic and the Russian invasion of Ukraine will inevitably have a negative impact on children's right to education. Statistics on damage and destruction of educational institutions are provided, which impedes access to education for children throughout the country, especially in conflict-affected areas. The state-legal provision of children's rights to general school education and the specifics of its provision in Ukraine in the 1920s are analysed in the second part, as well as the specifics of guaranteeing and realizing the rights of children to special education, namely the education of children with physical and/or mental disabilities, pedagogical, craft and industrial schools and educational workshops, etc. are analysed in the third part. The fourth part of the article is devoted to consideration of new standards of state-legal provision of children's rights to education in the 1920s. The fifth section summarizes the results of the study and provides recommendations for overcoming the consequences of the COVID-19 pandemic and the war in Ukraine in the state-legal provision of children's rights to education. Key words: children's rights to education, education for children with disabilities, the Public Education Code of Ukrainian SSR of 1922, state and legal provision of education in critical conditions, appropriate level and quality of education.
With Russia’s full-scale invasion of Ukraine and other problems that have arisen in recent years,... more With Russia’s full-scale invasion of Ukraine and other problems that have arisen in recent years, the issue of Ukrainian children who find themselves in difficult life circumstances has become a significant problem. This situation demands urgent measures. For better or worse, Ukraine has experience in this regard and a history of combating the problem of child homelessness and neglect in the 1920s. Moreover, Ukraine’s neighbour, Poland, also has a history of combating the same problem in the 1920s. In this article, child homelessness and neglect in Ukraine and Poland were studied. Furthermore, legal measures to combat this problem were explored. It was useful to examine the state of the problem and legal measures to combat it to see what lessons could be learned from the successful experience in Ukraine and Poland in solving the problem of child homelessness and neglect in the 1920s.
LEGAL STATUS OF THE UNION REPUBLICS DURING THE REBUILDING (1985-1991), 2022
The relevance of the topic of the article is determined by the very specific features of coexiste... more The relevance of the topic of the article is determined by the very specific features of coexistence and interaction of central and local authorities, which is expressed in the objective need to find in each case effective mechanisms for balancing and reconciling their interests. The purpose of the article is to study the complex and contradictory processes of the rebuilding period in the USSR, related to the implementation of administrative reform by M.S. Horbachov, in particular, such an important component as the separation of powers between the union and republican bodies of state power and administration. With the use of formal-legal, logical-legal and historical-genetic methods, thorough conclusions are made about the reasons for the failure of M.S. Horbachov in the separation of powers between the center and the seats. Based on the application of the comparative historical and legal method, the peculiarities of administrative reform in some Soviet republics are singled out. The activities of the ruling elite of the USSR aimed at transforming the state mechanism through the redistribution of powers between the union and republican authorities are gradually analysed with the involvement of normative and legal material. The concrete steps of the union republics to declare their sovereignty in the conditions of deteriorating domestic political situation in the USSR are considered. The process of preparation for the adoption by the Soviet republics of the new Union Treaty as a way of overcoming the crisis that engulfed the USSR at the end of the perestroika M.S. Horbachov. The practical value of scientific work is manifested in the following provisions: decentralisation processes through the redistribution of powers between central and local authorities should be comprehensive, well-planned and conducted based on scientifically developed models; professionalism and general competence of elites become a critical factor in the context of large-scale managerial reforms; the category of time is the most important resource during the state and legal transformations in the conditions of intensive technological development
One of the most pressing issues in the world today is the protection of children’s rights. A majo... more One of the most pressing issues in the world today is the protection of children’s rights. A major event in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However, the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations and therefore participated in the development and adoption of the UN Convention on the Rights of the Child, like Turkey, whose observers also participated in this process. This article examines the participation of Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights of the Child. However, the adoption and ratification of the Convention is only the first step in the realization of children’s rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the field of protection of children’s rights are also studied. This article concludes on the different direction of the special laws of these countries. Moreover, there are some differences in the content of the laws, namely some of them includes not only rights, but also the duties of the child. The state of protection of children’s rights in Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs to be improved. The conclusions provide recommendations for improving the legislation of these countries.
Background: The rights of the child have always been a focus of international organisations, incl... more Background: The rights of the child have always been a focus of international organisations, including the United Nations. This is evidenced by the fact that in 1979 the UN Commission on Human Rights established a Working Group to draft a convention on the rights of the child, which from 1979 to 1989 worked on establishing a universal treaty for children around the world. Among other articles, members of the Working Group developed provisions on juvenile justice. The result of this hard work was that international standards of juvenile justice were established in Arts. 37 and 40 of the UN Convention on the Rights of the Child.
Methods: The historical and legal methods were the main methods of the research, which allowed us to make a comparison of the draft texts of Arts. 37 and 40. This comparison gave us an opportunity to trace the development of thoughts of states parties about the treatment of children in penal matters and punishments for committed crimes. The paper begins by considering the draft texts of Art. 20 (which would become Arts. 37 and 40) of the Convention that were proposed for discussion. We reveal the main discussions and contradictions of the members of the Working Group. The next part describes the reason for dividing the initial article about juvenile justice into two separate parts. The final important comments and suggestions of
state parties are also highlighted.
Results and Conclusions: The process of adopting these articles was long and difficult, as it turned out that developing universal proposals with which all member states would agree was a complex task. Nowadays, Ukraine is trying to reform its legislation, particularly in the sphere of juvenile justice. That is why some useful ecommendations for Ukrainian legislation are proposed in the concluding remarks.
Journal of the National Academy of Legal Sciences of Ukraine, 2021
Children's medical rights were actively developed in the twentieth century after the First World ... more Children's medical rights were actively developed in the twentieth century after the First World War. It was an event of a global scale that prompted legislative changes in national legislations, including Ukraine. Ukraine's experience in children's health care is rich in examples of both successful reforms in this field, and also not that successful ones. The development of children's medical rights in Ukraine had passed different stages of its development. The period from 1919 to the beginning of the 21st century was taken to resolve this issue. The choice of this historical period is justified by the
presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular.
The methodology of comparative historical and legal research is extremely
complex, as each stage ... more The methodology of comparative historical and legal research is extremely complex, as each stage puts forward a number of specific requirements for the qualification of a historian, as well as for the procedure for working with historical and legal material. However, despite the importance of comparative analysis, which consists of comparing historical and legal objects, the stage of interpreting and evaluating the results of comparative research remains the priority in the context of heuristic knowledge. However, there are still no clear algorithms by which the comparative historian can perform this task, nor is there a general understanding of the direction in which the data obtained during the historicallegal comparison should be explained. Particular difficulties arise in interpreting the results of the comparison of specific historical and legal objects such as the court and the judiciary. In this article, we try to overcome this discrepancy between the theory and practice of the comparative historical and legal method using the comparative analysis of juvenile justice in Ukraine and Poland in the 1920s, recreating the sequence of actions of a comparative historian, which lead to important scientific results. The structure of the article is determined by its main task and therefore begins with the coverage of theoretical and methodological principles of interpretation and evaluation of the results of comparative historical and legal analysis. In particular, this part deals with the main approaches to the explanation of the data obtained during the comparison of historical and legal objects, as well as the primary rules and principles of their interpretation. The next part of the article is devoted to a specific example comparing juvenile commissions of the Ukrainian SSR and juvenile courts and probation officers of Poland in the 1920s and further explanation of the information obtained. Finally, the last part of the article explores the possibilities and prospects of historical and legal forecasting at the stage of evaluating the results of a comparative study.
This article studies establishment of juvenile courts in some European countries and Ukraine. Als... more This article studies establishment of juvenile courts in some European countries and Ukraine. Also the provisions of the constitutions of some European countries of the first third of the twentieth century concerning the rights of children and the consolidation of children's rights in sectoral legislation in Europe and Ukraine are examined. Experience of some European countries and Ukraine is summarized in the final conclusions and reader finds some recommendations for the Ukrainian legislators.
У статті досліджено питання забезпечення охорони здоров’я дітей в Україні з моменту встановлення ... more У статті досліджено питання забезпечення охорони здоров’я дітей в Україні з моменту встановлення радянської влади і до проголошення у 1991 р. незалежності Розглянуто і проаналізовано закони, конституційні та інші нормативно-правові акти, що стосувалися охорони здоров’я дітей, стан гарантування й забезпечення медичних прав дітей, а також медичні реформи в галузі охорони здоров’я дітей. Зроблено висновок, що в означений період спостерігається позитивна тенденція розвитку законодавчого закріплення, гарантування й забезпечення медичних прав дітей в Україні.
The article examines the issue of children’s health care in Ukraine since the establishment of Soviet regime until independence in 1991. Constitutional acts, laws and other legal acts related to the children’s health care, the state of guarantee and protection of children's health rights, and medical reforms in the field of children's health have been reviewed and analyzed. The conclusion about the positive tendency of development of legislative consolidation, guarantee and maintenance of medical rights of children in Ukraine in the studied period was made.
У дослідженні розглянуто питання боротьби з правопорушенням неповнолітніх і правопорушенн... more У дослідженні розглянуто питання боротьби з правопорушенням неповнолітніх і правопорушеннями, де вони були постраждалою стороною.Упершій частині проаналізованозаконодавствоз питань правопорушень неповнолітніх та щодо них. Надана характеристика закладівдля неповнолітніх правопорушників, встановлені особливості утримання в них неповнолітніх й основні заходи впливу (пере-виховання). Друга частина присвячена органам, які здійснювали захист порушених прав неповнолітніх і ведення справ неповнолітніх правопорушників. Проаналізовано повноваження вказаних органів, а також наголошено на провідній ролі комісій у справах неповнолітніх. Прослідковано зміни у структурі, складі йповноваженнях комісій у справах неповнолітніх. Акцентовано на позитивному досвіді обслідувача-інструктора у справах неповнолітніх правопорушників.
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Papers by Aisel Omarova
in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the
development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However,
the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations
and therefore participated in the development and adoption of the UN Convention on the Rights of the
Child, like Turkey, whose observers also participated in this process. This article examines the participation of
Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights
of the Child. However, the adoption and ratification of the Convention is only the first step in the realization
of children’s rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the
field of protection of children’s rights are also studied. This article concludes on the different direction of the
special laws of these countries. Moreover, there are some differences in the content of the laws, namely some
of them includes not only rights, but also the duties of the child. The state of protection of children’s rights in
Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs
to be improved. The conclusions provide recommendations for improving the legislation of these countries.
Methods: The historical and legal methods were the main methods of the research, which allowed us to make a comparison of the draft texts of Arts. 37 and 40. This comparison gave us an opportunity to trace the development of thoughts of states parties about the treatment of children in penal matters and punishments for committed crimes. The paper begins by considering the draft texts of Art. 20 (which would become Arts. 37 and 40) of the Convention that were proposed for discussion. We reveal the main discussions and contradictions of the members of the Working Group. The next part describes the reason for dividing the initial article about juvenile justice into two separate parts. The final important comments and suggestions of
state parties are also highlighted.
Results and Conclusions: The process of adopting these articles was long and difficult, as it turned out that developing universal proposals with which all member states would agree was a complex task. Nowadays, Ukraine is trying to reform its legislation, particularly in the sphere of juvenile justice. That is why some useful ecommendations for Ukrainian legislation are proposed in the concluding remarks.
presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular.
complex, as each stage puts forward a number of specific requirements for the
qualification of a historian, as well as for the procedure for working with historical and
legal material. However, despite the importance of comparative analysis, which consists
of comparing historical and legal objects, the stage of interpreting and evaluating the results of
comparative research remains the priority in the context of heuristic knowledge. However, there
are still no clear algorithms by which the comparative historian can perform this task, nor is
there a general understanding of the direction in which the data obtained during the historicallegal comparison should be explained. Particular difficulties arise in interpreting the results of the
comparison of specific historical and legal objects such as the court and the judiciary. In this article,
we try to overcome this discrepancy between the theory and practice of the comparative historical
and legal method using the comparative analysis of juvenile justice in Ukraine and Poland in the
1920s, recreating the sequence of actions of a comparative historian, which lead to important
scientific results. The structure of the article is determined by its main task and therefore begins
with the coverage of theoretical and methodological principles of interpretation and evaluation
of the results of comparative historical and legal analysis. In particular, this part deals with the
main approaches to the explanation of the data obtained during the comparison of historical and
legal objects, as well as the primary rules and principles of their interpretation. The next part of
the article is devoted to a specific example comparing juvenile commissions of the Ukrainian SSR
and juvenile courts and probation officers of Poland in the 1920s and further explanation of the
information obtained. Finally, the last part of the article explores the possibilities and prospects of
historical and legal forecasting at the stage of evaluating the results of a comparative study.
і до проголошення у 1991 р. незалежності Розглянуто і проаналізовано закони, конституційні та інші нормативно-правові
акти, що стосувалися охорони здоров’я дітей, стан гарантування й забезпечення медичних прав дітей, а також медичні
реформи в галузі охорони здоров’я дітей. Зроблено висновок, що в означений період спостерігається позитивна тенденція
розвитку законодавчого закріплення, гарантування й забезпечення медичних прав дітей в Україні.
The article examines the issue of children’s health care in Ukraine since the establishment of Soviet regime until independence
in 1991. Constitutional acts, laws and other legal acts related to the children’s health care, the state of guarantee and protection
of children's health rights, and medical reforms in the field of children's health have been reviewed and analyzed. The conclusion
about the positive tendency of development of legislative consolidation, guarantee and maintenance of medical rights of children
in Ukraine in the studied period was made.
Books by Aisel Omarova
in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the
development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However,
the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations
and therefore participated in the development and adoption of the UN Convention on the Rights of the
Child, like Turkey, whose observers also participated in this process. This article examines the participation of
Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights
of the Child. However, the adoption and ratification of the Convention is only the first step in the realization
of children’s rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the
field of protection of children’s rights are also studied. This article concludes on the different direction of the
special laws of these countries. Moreover, there are some differences in the content of the laws, namely some
of them includes not only rights, but also the duties of the child. The state of protection of children’s rights in
Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs
to be improved. The conclusions provide recommendations for improving the legislation of these countries.
Methods: The historical and legal methods were the main methods of the research, which allowed us to make a comparison of the draft texts of Arts. 37 and 40. This comparison gave us an opportunity to trace the development of thoughts of states parties about the treatment of children in penal matters and punishments for committed crimes. The paper begins by considering the draft texts of Art. 20 (which would become Arts. 37 and 40) of the Convention that were proposed for discussion. We reveal the main discussions and contradictions of the members of the Working Group. The next part describes the reason for dividing the initial article about juvenile justice into two separate parts. The final important comments and suggestions of
state parties are also highlighted.
Results and Conclusions: The process of adopting these articles was long and difficult, as it turned out that developing universal proposals with which all member states would agree was a complex task. Nowadays, Ukraine is trying to reform its legislation, particularly in the sphere of juvenile justice. That is why some useful ecommendations for Ukrainian legislation are proposed in the concluding remarks.
presence of different stages of state and legal development of Ukraine, and, as a consequence, the development of children's medical rights. This is because the development of children's rights is inextricably linked with the development of state policy in the field of child protection. The aim of this research is to analyse the development of children’s medical rights on the example of Ukraine. To achieve this goal, international legal documents, legislation of Ukraine, and works of scholars from various countries were analysed. During the study of this issue, a variety of scientific methods were used. Among them are the dialectical, historical method, method of analysis and synthesis, method of analogy and method of interpretation of legal norms. The main results obtained are: analysis of the history of the development of children’s medical rights in Ukraine and influence of the World Health Organisation and the Convention on the Rights of the Child (1989) on this development. The value of this paper lies in obtaining practical recommendations regarding children’s rights in general and the medical rights of children in particular.
complex, as each stage puts forward a number of specific requirements for the
qualification of a historian, as well as for the procedure for working with historical and
legal material. However, despite the importance of comparative analysis, which consists
of comparing historical and legal objects, the stage of interpreting and evaluating the results of
comparative research remains the priority in the context of heuristic knowledge. However, there
are still no clear algorithms by which the comparative historian can perform this task, nor is
there a general understanding of the direction in which the data obtained during the historicallegal comparison should be explained. Particular difficulties arise in interpreting the results of the
comparison of specific historical and legal objects such as the court and the judiciary. In this article,
we try to overcome this discrepancy between the theory and practice of the comparative historical
and legal method using the comparative analysis of juvenile justice in Ukraine and Poland in the
1920s, recreating the sequence of actions of a comparative historian, which lead to important
scientific results. The structure of the article is determined by its main task and therefore begins
with the coverage of theoretical and methodological principles of interpretation and evaluation
of the results of comparative historical and legal analysis. In particular, this part deals with the
main approaches to the explanation of the data obtained during the comparison of historical and
legal objects, as well as the primary rules and principles of their interpretation. The next part of
the article is devoted to a specific example comparing juvenile commissions of the Ukrainian SSR
and juvenile courts and probation officers of Poland in the 1920s and further explanation of the
information obtained. Finally, the last part of the article explores the possibilities and prospects of
historical and legal forecasting at the stage of evaluating the results of a comparative study.
і до проголошення у 1991 р. незалежності Розглянуто і проаналізовано закони, конституційні та інші нормативно-правові
акти, що стосувалися охорони здоров’я дітей, стан гарантування й забезпечення медичних прав дітей, а також медичні
реформи в галузі охорони здоров’я дітей. Зроблено висновок, що в означений період спостерігається позитивна тенденція
розвитку законодавчого закріплення, гарантування й забезпечення медичних прав дітей в Україні.
The article examines the issue of children’s health care in Ukraine since the establishment of Soviet regime until independence
in 1991. Constitutional acts, laws and other legal acts related to the children’s health care, the state of guarantee and protection
of children's health rights, and medical reforms in the field of children's health have been reviewed and analyzed. The conclusion
about the positive tendency of development of legislative consolidation, guarantee and maintenance of medical rights of children
in Ukraine in the studied period was made.