Browsing by Author "Tytykalo, Roman"

Now showing 1 - 2 of 2
  • No Thumbnail Available
    Item
    Legal aspects of temporary protection for Ukrainians in the member states of the European Union
    (Societatea de Stiinte Juridice si Administrative, 2023-06) Kuzmenko, Oksana; Кузьменко, Оксана Володимирівна; Ryndiuk, Vira; Риндюк, Віра Іванівна; Kozhura, Liudmila; Кожура, Людмила Олександрівна; Chorna, Viktoriia; Чорна, Вікторія Григорівна; Tytykalo, Roman
    In the article two different international protection mechanisms for persons who are forced to leave their homes for the sake of personal safety and the safety of their children (refugee status and temporary protection) which are currently provided for in European law are examined and compared. The main international document that regulates the issue of refugees is the UN Convention on the Status of Refugees of 1951. The issue of temporary protection is regulated by the EU Council Directive № 2001/55/EC of 07/20/2001, which was activated for the first time in history by the EU Council Decision № 2022/382 of 03/04/2022 to protect persons fleeing Ukraine due to a large-scale invasion by Russian armed forces began on 24 February 2022. The grounds for obtaining refugee status are individual and internal in nature (reasonable fears of a person becoming a victim of persecution), and therefore a long and complex administrative procedure for obtaining it. The grounds for obtaining temporary protection have a collective and obvious external nature (a mass influx of forcibly displaced persons in connection with a real threat), and, accordingly, the maximally simplified and fast (immediate) procedure confirming that the person is covered temporary protection.
  • No Thumbnail Available
    Item
    The socio-economic role of local governments in the field of guardianship and conservatorship of adults in Ukraine
    (Izdevnieciba «Baltija Punlishing», 2023-05) Sotska, Alla; Tytykalo, Roman; Yemelianov, Volodymyr; Ємельянов, Володимир Романович
    Based on the content of Article 55 of the Civil Code of Ukraine, the task of guardianship and conservatorship of adult incapacitated persons and persons with limited legal capacity – is to ensure the personal non-property and property rights and interests of such persons, and as practice shows, there are currently a significant number of problems. The relevant problems are, inter alia, of a social and economic nature and affect a large number of subjects, with a special role being assigned to local self-government bodies, whose executive bodies, according to the definition of Ukrainian legislation, are guardianship and conservatorship bodies. This problem has a significant negative impact on the quality of life of adults in need of care and assistance, as well as on the exercise of relevant powers by local authorities. The above testifies to the usefulness of the study of the socio-economic role of local self-government bodies in the field of guardianship and conservatorship of adult incapacitated persons and persons with limited legal capacity. In this regard, an attempt was made to characterize the legislative basis and practical organization of the activities of local self-government bodies during their performance and powers of guardianship and conservatorship of adults, to determine and analyze the relevant duties, which, according to the results of the study, are proposed to be classified into three main groups (ensuring, protecting and defending the rights and legitimate interests of adults in need of guardianship and conservatorship; controlling and supervising the activities of guardianship and conservatorship entities (guardians, conservators and special institutions); controlling and supervising the preservation and management of property of persons under guardianship and conservatorship).