The relevance of this study is determined by the need to develop the theoretical foundations of forensic veterinary medicine as a science and educational discipline, namely, to justify, test and put into practice the methods, means, and methodology of expert research of specific objects. The purpose of this study was to argue the meaning and outline the functions of each of the stages of expert examination of live animals in forensic veterinary examination. The methodological framework of this study included a systematic approach determined by the specific features of the subject under study and associated with the use of general scientific and special scientific methods, including analysis, synthesis, induction, deduction, analogy, formal-logical, comparative-legal, system-structural methods, modelling, observation, description, analysis of the practice of forensic veterinary examination, special methods, the functions of which are performed by methods of intravital clinical forensic veterinary diagnostics of animals. Based on the conducted research and generalization of the practice of forensic veterinary examination of live animals, it is argued in the work that this process consists of four stages: preparatory, analytical, comparative and synthesis stage. The separation of certain stages was substantiated, due to the diverse nature of the tasks that the forensic expert solves, the application of algorithms and methods of forensic examination of animals of different complexity, and the involvement of various technical techniques and equipment at each particular stage. The study proved that the sequence of applying the stages of the forensic veterinary examination of a live animal contributes to the correct assessment of the detected signs of injury or health disorder of the animal based on their comprehensive assessment, is designed to solve intermediate expert tasks, trace the process of conducting the examination and evaluate the obtained results for the justified establishment of a forensic veterinary diagnosis and formation of an expert’s opinion. It was proved that the rules (methodical recommendations) of the forensic veterinary determination of the degree of severity of damage caused to the animal’s health, the method of forensic veterinary examination of animals to establish their mutilation, and the method of forensic veterinary examination of animal corpses are the basis of the conducted research. The theoretical substantiation of the stages of the expert examination of a live animal and the coverage of their praxeological significance will be positively reflected in the conduct of a forensic veterinary examination and compilation of the results of forensic veterinary examinations.
{"title":"Theoretical justification and praxeological significance of the stages of expert research of a living animal","authors":"I. Yatsenko","doi":"10.31548/law/1.2023.107","DOIUrl":"https://doi.org/10.31548/law/1.2023.107","url":null,"abstract":"The relevance of this study is determined by the need to develop the theoretical foundations of forensic veterinary medicine as a science and educational discipline, namely, to justify, test and put into practice the methods, means, and methodology of expert research of specific objects. The purpose of this study was to argue the meaning and outline the functions of each of the stages of expert examination of live animals in forensic veterinary examination. The methodological framework of this study included a systematic approach determined by the specific features of the subject under study and associated with the use of general scientific and special scientific methods, including analysis, synthesis, induction, deduction, analogy, formal-logical, comparative-legal, system-structural methods, modelling, observation, description, analysis of the practice of forensic veterinary examination, special methods, the functions of which are performed by methods of intravital clinical forensic veterinary diagnostics of animals. Based on the conducted research and generalization of the practice of forensic veterinary examination of live animals, it is argued in the work that this process consists of four stages: preparatory, analytical, comparative and synthesis stage. The separation of certain stages was substantiated, due to the diverse nature of the tasks that the forensic expert solves, the application of algorithms and methods of forensic examination of animals of different complexity, and the involvement of various technical techniques and equipment at each particular stage. The study proved that the sequence of applying the stages of the forensic veterinary examination of a live animal contributes to the correct assessment of the detected signs of injury or health disorder of the animal based on their comprehensive assessment, is designed to solve intermediate expert tasks, trace the process of conducting the examination and evaluate the obtained results for the justified establishment of a forensic veterinary diagnosis and formation of an expert’s opinion. It was proved that the rules (methodical recommendations) of the forensic veterinary determination of the degree of severity of damage caused to the animal’s health, the method of forensic veterinary examination of animals to establish their mutilation, and the method of forensic veterinary examination of animal corpses are the basis of the conducted research. The theoretical substantiation of the stages of the expert examination of a live animal and the coverage of their praxeological significance will be positively reflected in the conduct of a forensic veterinary examination and compilation of the results of forensic veterinary examinations.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127136475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study investigated the prospects for the development of antimonopoly policy concerning the regulation of the market of agricultural products. The relevance of this study is determined by the need to update the legal framework of Ukraine on antimonopoly regulation of agricultural product markets, considering the current challenges and international standards. The purpose of this study was to analyse the features of antimonopoly policy as a leading area of the economic policy of Ukraine, to analyse the features of antimonopoly policy in the field of agricultural product markets and to identify the prospects for their development. To fulfil the purpose, the following scientific methods were used: dialectic, analysis, formal-legal, comparative-legal. The result of the conducted study was the determination of the following measures to improve the antimonopoly regulation of agricultural product markets in Ukraine: to adopt the Draft Law of Ukraine “On the Association of Agricultural Producers” No. 8149, after finalizing it; to supplement the current legislation of Ukraine in the field of antimonopoly policy concerning the regulation of the market of agricultural products with a norm according to which the most vulnerable category of agricultural producers (small producers) will be able to unite to solve problems related to the full-scale invasion of the Russian Federation on the territory of Ukraine and response to wartime challenges; in the development of the project of such changes regarding the regulation of the relevant monopoly exceptions, to consider the available international practices. The practical significance of the present study is that the results can be used to develop draft laws on the antimonopoly regulation of agricultural product markets in Ukraine, as well as to prepare studies on the legal regulation of the antimonopoly policy of Ukraine.
{"title":"Current issues of antimonopoly policy in the market of agricultural products of Ukraine","authors":"Yu.S. Kanaryk, B. Surzhok","doi":"10.31548/law/1.2023.37","DOIUrl":"https://doi.org/10.31548/law/1.2023.37","url":null,"abstract":"This study investigated the prospects for the development of antimonopoly policy concerning the regulation of the market of agricultural products. The relevance of this study is determined by the need to update the legal framework of Ukraine on antimonopoly regulation of agricultural product markets, considering the current challenges and international standards. The purpose of this study was to analyse the features of antimonopoly policy as a leading area of the economic policy of Ukraine, to analyse the features of antimonopoly policy in the field of agricultural product markets and to identify the prospects for their development. To fulfil the purpose, the following scientific methods were used: dialectic, analysis, formal-legal, comparative-legal. The result of the conducted study was the determination of the following measures to improve the antimonopoly regulation of agricultural product markets in Ukraine: to adopt the Draft Law of Ukraine “On the Association of Agricultural Producers” No. 8149, after finalizing it; to supplement the current legislation of Ukraine in the field of antimonopoly policy concerning the regulation of the market of agricultural products with a norm according to which the most vulnerable category of agricultural producers (small producers) will be able to unite to solve problems related to the full-scale invasion of the Russian Federation on the territory of Ukraine and response to wartime challenges; in the development of the project of such changes regarding the regulation of the relevant monopoly exceptions, to consider the available international practices. The practical significance of the present study is that the results can be used to develop draft laws on the antimonopoly regulation of agricultural product markets in Ukraine, as well as to prepare studies on the legal regulation of the antimonopoly policy of Ukraine.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125928211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Presently, not only the equality of rights and freedoms is vital, but also the legal consolidation of equality between men and women in the ability to fully use all those rights and freedoms in various spheres of social life, which are guaranteed and ensured by the state. The purpose of this study was to investigate the terms “gender” and “gender equality” in the context of international regulatory documents and Ukrainian legislation on ensuring equal rights and opportunities for women and men as an integral part of the general rights of a person and a citizen. Among the key research methods were dialectical, logical-legal, and hermeneutic, which helped analyse the terms “gender” and “gender equality” and determine the regulatory framework of documents on ensuring and guaranteeing gender equality of both sexes. Using the comparative method, the compliance of Ukrainian legislation with international standards of gender policy was compared and analysed. This paper presents the results of the characterization and interpretation of the norms of legal documents and legislation regarding their compliance with the principles of gender equality. The essence of terms “gender” and “gender equality” was covered. The main areas of ensuring the equality of men and women, which are guaranteed by Ukrainian and international legislation, were outlined. The need to include in all state programs some measures that ensure gender equality and meet the Sustainable Development Goals was substantiated. It was proved that both at the state and regional levels, it is expedient to conduct various trainings that cover gender aspects and raise awareness among employees to develop a professional gender-sensitive culture of the working environment. Emphasis was placed on the importance of measures to prevent violations of human and citizen rights and freedoms, as well as to ensure gender equality between men and women under martial law. The importance of mandatory prosecution and punishment of the Russian military, guilty of violence against Ukrainian women and men, was emphasized. The results of the study can be used both by scientists who investigate issues of gender equality and discrimination based on gender, and by representatives of state bodies whose sphere of competence includes the implementation of gender equality policy, as well as by students and teachers of law schools, everyone who is interested in issues of gender and equality.
{"title":"Legal aspects of gender equality and their legislative consolidation","authors":"L. Protosavitska","doi":"10.31548/law/1.2023.88","DOIUrl":"https://doi.org/10.31548/law/1.2023.88","url":null,"abstract":"Presently, not only the equality of rights and freedoms is vital, but also the legal consolidation of equality between men and women in the ability to fully use all those rights and freedoms in various spheres of social life, which are guaranteed and ensured by the state. The purpose of this study was to investigate the terms “gender” and “gender equality” in the context of international regulatory documents and Ukrainian legislation on ensuring equal rights and opportunities for women and men as an integral part of the general rights of a person and a citizen. Among the key research methods were dialectical, logical-legal, and hermeneutic, which helped analyse the terms “gender” and “gender equality” and determine the regulatory framework of documents on ensuring and guaranteeing gender equality of both sexes. Using the comparative method, the compliance of Ukrainian legislation with international standards of gender policy was compared and analysed. This paper presents the results of the characterization and interpretation of the norms of legal documents and legislation regarding their compliance with the principles of gender equality. The essence of terms “gender” and “gender equality” was covered. The main areas of ensuring the equality of men and women, which are guaranteed by Ukrainian and international legislation, were outlined. The need to include in all state programs some measures that ensure gender equality and meet the Sustainable Development Goals was substantiated. It was proved that both at the state and regional levels, it is expedient to conduct various trainings that cover gender aspects and raise awareness among employees to develop a professional gender-sensitive culture of the working environment. Emphasis was placed on the importance of measures to prevent violations of human and citizen rights and freedoms, as well as to ensure gender equality between men and women under martial law. The importance of mandatory prosecution and punishment of the Russian military, guilty of violence against Ukrainian women and men, was emphasized. The results of the study can be used both by scientists who investigate issues of gender equality and discrimination based on gender, and by representatives of state bodies whose sphere of competence includes the implementation of gender equality policy, as well as by students and teachers of law schools, everyone who is interested in issues of gender and equality.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121126489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the subject under study is determined by the fact that five years ago in Ukraine, the transition to the electronic justice system began with the purpose of increasing the level of public trust in judicial bodies, speeding up the terms of consideration of cases and saving time. However, as of the end of 2022, the operation of electronic courts faced certain difficulties. The purpose of this study was a comprehensive regulatory analysis of the transition of the judicial system to the implementation of electronic legal proceedings. The methods used in this study included system-structural, comparative, comparative legal, formal legal. The results of the present study found that the process of launching electronic legal proceedings began in 2017 after the adoption of the Law of Ukraine “On Amendments to the Economic Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts” and continues until now. It was found that in the conditions when the legal regime of martial law is in effect, the accession of all courts of Ukraine to the subsystem of the “Electronic court” would substantially speed up the consideration of cases and relieve the courts that were not under occupation. The paper substantiated the necessity of considering the practices of Estonia, which has one of the best automated judicial systems in the world. It was established that despite the perfect statutory regulation of electronic legal proceedings, it is also necessary to provide financial and technical support for courts to fully join such a subsystem. The materials of this study can be useful in investigating the disciplines “Judicial and Law Enforcement Agencies”, “Problems of Judicial Proceedings in Ukraine”, “Information Law”, etc.
{"title":"Features of e-court regulation in Ukraine","authors":"O. Uliutina, O. Artemenko","doi":"10.31548/law2022.04.006","DOIUrl":"https://doi.org/10.31548/law2022.04.006","url":null,"abstract":"The relevance of the subject under study is determined by the fact that five years ago in Ukraine, the transition to the electronic justice system began with the purpose of increasing the level of public trust in judicial bodies, speeding up the terms of consideration of cases and saving time. However, as of the end of 2022, the operation of electronic courts faced certain difficulties. The purpose of this study was a comprehensive regulatory analysis of the transition of the judicial system to the implementation of electronic legal proceedings. The methods used in this study included system-structural, comparative, comparative legal, formal legal. The results of the present study found that the process of launching electronic legal proceedings began in 2017 after the adoption of the Law of Ukraine “On Amendments to the Economic Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts” and continues until now. It was found that in the conditions when the legal regime of martial law is in effect, the accession of all courts of Ukraine to the subsystem of the “Electronic court” would substantially speed up the consideration of cases and relieve the courts that were not under occupation. The paper substantiated the necessity of considering the practices of Estonia, which has one of the best automated judicial systems in the world. It was established that despite the perfect statutory regulation of electronic legal proceedings, it is also necessary to provide financial and technical support for courts to fully join such a subsystem. The materials of this study can be useful in investigating the disciplines “Judicial and Law Enforcement Agencies”, “Problems of Judicial Proceedings in Ukraine”, “Information Law”, etc.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128884787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the subject under study is conditioned upon the fact that the strengthening of Ukraine’s European integration requires the introduction of new, alternative methods of dispute resolution in national legislation and practice, among which mediation occupies a prominent place, the functioning of which has successfully proven itself in developed European countries. The purpose of this study was to figure out the current state of development of legal support for mediation in Ukraine, to outline prospects for improving legal regulation, considering International and European standards of mediation. The study used a system of general scientific methods of cognition (dialectical method, formal logical method, method of analysis and synthesis), as well as special legal methods (comparative legal method, formal legal method). The authors analysed the international and national practices of legal regulation of mediation in the system of alternative dispute resolution methods. Doctrinal and legislative approaches to the interpretation of the mediation were described, its main advantages in the system of alternative dispute resolution methods were found, types of mediation were outlined, and the content of the main international, European, and Ukrainian regulations governing relations in mediation were covered. It was found that mediation occupies a priority position in the international practices of conflict resolution, since it is much more effective than judicial and administrative forms of protection of rights and legitimate interests. It was proved that the attractiveness of mediation lies precisely in the simplicity and convenience of the procedure, a calm atmosphere of dialogue and the obligation to consider the opinions of all involved parties. It was found that this legal institution is based on voluntariness, confidentiality, impartiality, and neutrality, the possibility for participants to make their own decisions, and the presence of independent support of each participant from the mediator. It was noted that, despite the national legal framework for mediation developed in Ukraine, the outlined sphere of public relations requires improvement of the relevant legal mechanism and the institutional basis for its implementation. The results obtained can be used in further studies, as well as in the development of new and changing the existing regulations that determine the legal basis of mediation in the practice of implementing relevant legislation.
{"title":"Mediation as an alternative method of dispute resolution: International and national practices in legal regulation","authors":"M. Deineha","doi":"10.31548/law2022.04.002","DOIUrl":"https://doi.org/10.31548/law2022.04.002","url":null,"abstract":"The relevance of the subject under study is conditioned upon the fact that the strengthening of Ukraine’s European integration requires the introduction of new, alternative methods of dispute resolution in national legislation and practice, among which mediation occupies a prominent place, the functioning of which has successfully proven itself in developed European countries. The purpose of this study was to figure out the current state of development of legal support for mediation in Ukraine, to outline prospects for improving legal regulation, considering International and European standards of mediation. The study used a system of general scientific methods of cognition (dialectical method, formal logical method, method of analysis and synthesis), as well as special legal methods (comparative legal method, formal legal method). The authors analysed the international and national practices of legal regulation of mediation in the system of alternative dispute resolution methods. Doctrinal and legislative approaches to the interpretation of the mediation were described, its main advantages in the system of alternative dispute resolution methods were found, types of mediation were outlined, and the content of the main international, European, and Ukrainian regulations governing relations in mediation were covered. It was found that mediation occupies a priority position in the international practices of conflict resolution, since it is much more effective than judicial and administrative forms of protection of rights and legitimate interests. It was proved that the attractiveness of mediation lies precisely in the simplicity and convenience of the procedure, a calm atmosphere of dialogue and the obligation to consider the opinions of all involved parties. It was found that this legal institution is based on voluntariness, confidentiality, impartiality, and neutrality, the possibility for participants to make their own decisions, and the presence of independent support of each participant from the mediator. It was noted that, despite the national legal framework for mediation developed in Ukraine, the outlined sphere of public relations requires improvement of the relevant legal mechanism and the institutional basis for its implementation. The results obtained can be used in further studies, as well as in the development of new and changing the existing regulations that determine the legal basis of mediation in the practice of implementing relevant legislation.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117173536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the study is explained by the strengthening of the adverse impact of tobacco smuggling on economic and social processes in Ukraine. The purpose of the study was to determine the specific features of the interpretation of the category “smuggling” in the legislative and general scientific contexts, to explore the problem of smuggling of tobacco products in Ukraine. General scientific methods of analysis, synthesis, observation and the graph-analytical method of presenting research results are used in the research. The definition of “smuggling” was analysed according to Ukrainian and foreign legislation, and according to general approaches. The interpretation of the smuggling category differs depending on the aspects of the application. Thus, according to the general lexical content, smuggling is understood as the illegal movement of goods across the customs border. And at the legislative level, smuggling usually includes the illegal import or export of specific groups of goods, the list of which is established by the legislation of the state. The adverse influence of smuggling on the economic and social processes in the state is determined. The problem of tobacco smuggling in Ukraine is analysed. In recent years the area of smuggling flows of tobacco products in Ukraine has changed significantly. Conventionally, Ukraine was one of the main source countries smuggling tobacco products that were illegally supplied to EU countries. The need to introduce criminal liability for the smuggling of tobacco products in Ukraine is substantiated based on the study of foreign experience and the determination of the consequences of such smuggling for the economy and social sphere.
{"title":"Problems of tobacco smuggling in Ukraine","authors":"O. Kostiana","doi":"10.31548/law2022.04.004","DOIUrl":"https://doi.org/10.31548/law2022.04.004","url":null,"abstract":"The relevance of the study is explained by the strengthening of the adverse impact of tobacco smuggling on economic and social processes in Ukraine. The purpose of the study was to determine the specific features of the interpretation of the category “smuggling” in the legislative and general scientific contexts, to explore the problem of smuggling of tobacco products in Ukraine. General scientific methods of analysis, synthesis, observation and the graph-analytical method of presenting research results are used in the research. The definition of “smuggling” was analysed according to Ukrainian and foreign legislation, and according to general approaches. The interpretation of the smuggling category differs depending on the aspects of the application. Thus, according to the general lexical content, smuggling is understood as the illegal movement of goods across the customs border. And at the legislative level, smuggling usually includes the illegal import or export of specific groups of goods, the list of which is established by the legislation of the state. The adverse influence of smuggling on the economic and social processes in the state is determined. The problem of tobacco smuggling in Ukraine is analysed. In recent years the area of smuggling flows of tobacco products in Ukraine has changed significantly. Conventionally, Ukraine was one of the main source countries smuggling tobacco products that were illegally supplied to EU countries. The need to introduce criminal liability for the smuggling of tobacco products in Ukraine is substantiated based on the study of foreign experience and the determination of the consequences of such smuggling for the economy and social sphere.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131094246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Forensic veterinary examination is a new type of forensic examination that is actively developing in the forensic examination institutions of the Ministry of Justice of Ukraine. Since its theory and methodology are yet forming, there is a need to develop its terminology, methods, and means of conducting and formalizing research results. The purpose of this study was to single out the problematic issues of drafting an expert’s opinion based on the results of a forensic veterinary examination of a live animal and to outline ways to solve them. The study employed various scientific methods, namely dialectical, methods of logic (formal legal, system-structural analysis, modelling, analysis, synthesis, induction, deduction), general cognitive methods (description, observation), special methods, the functions of which are performed by methods of lifetime clinical forensic veterinary diagnostics of animals. The present paper focuses on the fact that the specific feature of the introductory part of the conclusion of a forensic expert is that it indicates the object of examination – a live animal. A list of issues to be resolved by the authorized body or person who appointed the forensic veterinary examination was developed in this study. The structure of the investigative part of the forensic expert’s opinion was covered and substantiated for the first time, which is based on a forensic veterinary examination of the subject animal based on the principle of analysing the state of individual body systems, including blood circulation, breathing, urination, sexual, nervous, and sensory. The description in the expert opinion of the results of the analysis of individual veterinary documents concerning the subject of proof was substantiated. It was shown that based on the results of the clinical forensic-veterinary examination of a live animal under expert examination, the forensic expert outlines the forensic-veterinary diagnosis, and in the section of the examination part of the opinion, which synthesizes the results, summarizes the obtained data. It is stated that the final part of the forensic expert opinion contains comprehensive, scientifically sound, consistently laid out, clear, specific, expressive, understandable answers to the questions raised, the list of which is indicated in the introductory part of the opinion. The present paper outlined the structure of appendices to the opinion of a forensic expert, which is most often photo illustrations of injuries found in an animal under examination. The solutions developed in this paper concerning the drafting of an expert’s opinion based on the results of a forensic veterinary examination of a live animal are guaranteed to be reflected in the conduct and drafting of the results of forensic veterinary research.
{"title":"Problems of concluding an expert opinion based on the results of a forensic veterinary examination of a live animal and ways to solve them","authors":"I. Yatsenko","doi":"10.31548/law2022.04.008","DOIUrl":"https://doi.org/10.31548/law2022.04.008","url":null,"abstract":"Forensic veterinary examination is a new type of forensic examination that is actively developing in the forensic examination institutions of the Ministry of Justice of Ukraine. Since its theory and methodology are yet forming, there is a need to develop its terminology, methods, and means of conducting and formalizing research results. The purpose of this study was to single out the problematic issues of drafting an expert’s opinion based on the results of a forensic veterinary examination of a live animal and to outline ways to solve them. The study employed various scientific methods, namely dialectical, methods of logic (formal legal, system-structural analysis, modelling, analysis, synthesis, induction, deduction), general cognitive methods (description, observation), special methods, the functions of which are performed by methods of lifetime clinical forensic veterinary diagnostics of animals. The present paper focuses on the fact that the specific feature of the introductory part of the conclusion of a forensic expert is that it indicates the object of examination – a live animal. A list of issues to be resolved by the authorized body or person who appointed the forensic veterinary examination was developed in this study. The structure of the investigative part of the forensic expert’s opinion was covered and substantiated for the first time, which is based on a forensic veterinary examination of the subject animal based on the principle of analysing the state of individual body systems, including blood circulation, breathing, urination, sexual, nervous, and sensory. The description in the expert opinion of the results of the analysis of individual veterinary documents concerning the subject of proof was substantiated. It was shown that based on the results of the clinical forensic-veterinary examination of a live animal under expert examination, the forensic expert outlines the forensic-veterinary diagnosis, and in the section of the examination part of the opinion, which synthesizes the results, summarizes the obtained data. It is stated that the final part of the forensic expert opinion contains comprehensive, scientifically sound, consistently laid out, clear, specific, expressive, understandable answers to the questions raised, the list of which is indicated in the introductory part of the opinion. The present paper outlined the structure of appendices to the opinion of a forensic expert, which is most often photo illustrations of injuries found in an animal under examination. The solutions developed in this paper concerning the drafting of an expert’s opinion based on the results of a forensic veterinary examination of a live animal are guaranteed to be reflected in the conduct and drafting of the results of forensic veterinary research.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117222404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study investigates the problems of legal regulation of the safety of visitors – guests of rural estates during the provision of rural hospitality services. The relevance of this study is conditioned upon the urgent need to develop special legislation that would reflect the specifics of such a new area of agricultural diversification for Ukraine as rural hospitality, specifically one of the defining aspects for the development of this sphere – the safety of guests of rural estates. The purpose of this study was to characterize the state of legal support for the outlined area and formulate proposals for improving the legal regulation of the safety of visitors/guests of rural estates. The methodological framework of this paper included a set of general scientific and special legal methods of scientific cognition, namely dialectical, system-structural, formal logical, system analysis, and formal legal methods. As a result of the conducted study, the term “safety of rural hospitality” was defined in broad and narrow meanings, and the external and internal levels of safety in rural hospitality were also distinguished. The possibility of applying tourism legislation to regulate external security relations in rural hospitality was substantiated. The need to regulate internal security relations in rural hospitality in a special regulation on rural hospitality in the form of a law was proved. It is proposed to establish in this prospective regulation an imperative rule regarding the conclusion of a written agreement on rural hospitality services, and the substantial terms and conditions of such a contract were defined. A proposal was put forward to develop a model agreement for the provision of rural hospitality services. To streamline the safe rendering of services within rural hospitality to attract guests of a rural estate to perform agricultural work, it was proposed to develop safety instructions for attracting guests of rural estates to perform agricultural work. The obtained conclusions will help in the development of legislation on rural hospitality and can also be used in theoretical and applied scientific research on the specific features of legal regulation of relations concerning rural hospitality.
{"title":"Rural hospitality: Problems of legal regulation of guest safety","authors":"T. Novak, Viktoriia Мelnyk","doi":"10.31548/law2022.04.005","DOIUrl":"https://doi.org/10.31548/law2022.04.005","url":null,"abstract":"This study investigates the problems of legal regulation of the safety of visitors – guests of rural estates during the provision of rural hospitality services. The relevance of this study is conditioned upon the urgent need to develop special legislation that would reflect the specifics of such a new area of agricultural diversification for Ukraine as rural hospitality, specifically one of the defining aspects for the development of this sphere – the safety of guests of rural estates. The purpose of this study was to characterize the state of legal support for the outlined area and formulate proposals for improving the legal regulation of the safety of visitors/guests of rural estates. The methodological framework of this paper included a set of general scientific and special legal methods of scientific cognition, namely dialectical, system-structural, formal logical, system analysis, and formal legal methods. As a result of the conducted study, the term “safety of rural hospitality” was defined in broad and narrow meanings, and the external and internal levels of safety in rural hospitality were also distinguished. The possibility of applying tourism legislation to regulate external security relations in rural hospitality was substantiated. The need to regulate internal security relations in rural hospitality in a special regulation on rural hospitality in the form of a law was proved. It is proposed to establish in this prospective regulation an imperative rule regarding the conclusion of a written agreement on rural hospitality services, and the substantial terms and conditions of such a contract were defined. A proposal was put forward to develop a model agreement for the provision of rural hospitality services. To streamline the safe rendering of services within rural hospitality to attract guests of a rural estate to perform agricultural work, it was proposed to develop safety instructions for attracting guests of rural estates to perform agricultural work. The obtained conclusions will help in the development of legislation on rural hospitality and can also be used in theoretical and applied scientific research on the specific features of legal regulation of relations concerning rural hospitality.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114380850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the subject under study is conditioned upon the fact that in Ukraine, during the period of the legal regime of martial law, special bodies of public power with the powers of a military management organization can be created. Such bodies are military administrations and civil-military administrations, whose separation of powers is a complex process that requires more research. The purpose of this study was the legal characterization of the activities of special bodies in the conditions of military threats in Ukraine and the formation of proposals for improving the legislation in the area under study. The methods employed for this study include comparative, system-structural, comparative legal, formal legal, and systematization. The results established that in the conditions of a full-scale invasion, supporting the proper level of activity of public administration bodies is a necessary component in the fight against the enemy that encroaches on the territorial integrity of the state. It was found that ordinary citizens often identify the activities of military administrations and military civil administrations, which have different powers. This paper argues the need to outline basic provisions in the Constitution of Ukraine regarding the organization of the activities of military administrations to harmonize the provisions of the Law of Ukraine “On the Legal Regime of Martial Law” with the provisions of the Constitution of Ukraine. The relevant practices of Israel and the United States of America were analysed. It was proposed, following the example of Israel, to introduce separate zones in Ukraine, considering the level of potential or existing military threat, and, depending on this, to give military administrations proper autonomy and powers. The materials of this study can be useful in studying the disciplines “Military law”, “Municipal law”, “Administrative law” since this study distinguishes the powers of military civil administrations and military administrations and provides examples of positive foreign practices in organizing the activities of public authorities in the context of military threats.
{"title":"Activities of military administrations under martial law in Ukraine","authors":"O. Yara","doi":"10.31548/law2022.04.007","DOIUrl":"https://doi.org/10.31548/law2022.04.007","url":null,"abstract":"The relevance of the subject under study is conditioned upon the fact that in Ukraine, during the period of the legal regime of martial law, special bodies of public power with the powers of a military management organization can be created. Such bodies are military administrations and civil-military administrations, whose separation of powers is a complex process that requires more research. The purpose of this study was the legal characterization of the activities of special bodies in the conditions of military threats in Ukraine and the formation of proposals for improving the legislation in the area under study. The methods employed for this study include comparative, system-structural, comparative legal, formal legal, and systematization. The results established that in the conditions of a full-scale invasion, supporting the proper level of activity of public administration bodies is a necessary component in the fight against the enemy that encroaches on the territorial integrity of the state. It was found that ordinary citizens often identify the activities of military administrations and military civil administrations, which have different powers. This paper argues the need to outline basic provisions in the Constitution of Ukraine regarding the organization of the activities of military administrations to harmonize the provisions of the Law of Ukraine “On the Legal Regime of Martial Law” with the provisions of the Constitution of Ukraine. The relevant practices of Israel and the United States of America were analysed. It was proposed, following the example of Israel, to introduce separate zones in Ukraine, considering the level of potential or existing military threat, and, depending on this, to give military administrations proper autonomy and powers. The materials of this study can be useful in studying the disciplines “Military law”, “Municipal law”, “Administrative law” since this study distinguishes the powers of military civil administrations and military administrations and provides examples of positive foreign practices in organizing the activities of public authorities in the context of military threats.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121559658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The study is devoted to the theoretical and legal analysis of the main trends in the development of tourism legislation in Ukraine. The relevance of the chosen subject lies in the presence of grounds to consider the tourism industry promising, given the possible positive social and economic effect for Ukraine, if the state considers the factors necessary for such an increase. The purpose of this study is to analyse the main trends in the development of tourism legislation of Ukraine and international legislation as part of national legislation. The analysis, synthesis, historical-legal, and comparative-legal methods are applied to achieve this goal. This methodology enabled the analysis and comparison of the international and national regulatory framework through the prism of historical and legal experience and allowed the drawing of conclusions about the current main trends in legislative development in the field under study. The results of the study are: today, tourism in Ukraine remains a non-priority industry (this statement is based on the general trend towards stagnation of the tourism sector in Ukraine), is unattractive for foreign tourists (this is due to objective reasons, including not only external threats that exist today, but also scanty indicators recorded before the outbreak of the pandemic and armed aggression by the Russian Federation) and works mainly for domestic consumers, which is confirmed by the data of the state statistics service of Ukraine. The situation has developed, in particular, due to a number of factors that are presented in this study (considering the experience of foreign countries), and insufficient regulation of tourist relations at the legislative level, which is analysed in detail in the paper. The study can be useful for further disclosure of issues in the area and as a basis for discussion in scientific circles against the background of the decline of the industry.
{"title":"Main trends in the development of tourism legislation in Ukraine","authors":"O. Hafurova, Svitlana Holub","doi":"10.31548/law2022.04.001","DOIUrl":"https://doi.org/10.31548/law2022.04.001","url":null,"abstract":"The study is devoted to the theoretical and legal analysis of the main trends in the development of tourism legislation in Ukraine. The relevance of the chosen subject lies in the presence of grounds to consider the tourism industry promising, given the possible positive social and economic effect for Ukraine, if the state considers the factors necessary for such an increase. The purpose of this study is to analyse the main trends in the development of tourism legislation of Ukraine and international legislation as part of national legislation. The analysis, synthesis, historical-legal, and comparative-legal methods are applied to achieve this goal. This methodology enabled the analysis and comparison of the international and national regulatory framework through the prism of historical and legal experience and allowed the drawing of conclusions about the current main trends in legislative development in the field under study. The results of the study are: today, tourism in Ukraine remains a non-priority industry (this statement is based on the general trend towards stagnation of the tourism sector in Ukraine), is unattractive for foreign tourists (this is due to objective reasons, including not only external threats that exist today, but also scanty indicators recorded before the outbreak of the pandemic and armed aggression by the Russian Federation) and works mainly for domestic consumers, which is confirmed by the data of the state statistics service of Ukraine. The situation has developed, in particular, due to a number of factors that are presented in this study (considering the experience of foreign countries), and insufficient regulation of tourist relations at the legislative level, which is analysed in detail in the paper. The study can be useful for further disclosure of issues in the area and as a basis for discussion in scientific circles against the background of the decline of the industry.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125212896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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