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International scientific journal "Internauka". Series: "Juridical Sciences"最新文献

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CONCEPTS AND PRINCIPLES OF STAFFING MANAGEMENT IN NATIONAL POLICE BODIES OF UKRAINE 乌克兰国家警察机构人员编制管理的概念和原则
Pub Date : 2023-08-31 DOI: 10.25313/2520-2308-2023-8-9108
I. Shopina
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引用次数: 0
PROBLEMS OF MODERN REGULATION OF RELATIONSHIPS ON THE INTERNET NETWORK 现代互联网网络关系规制的若干问题
Pub Date : 2023-08-31 DOI: 10.25313/2520-2308-2023-8-9134
Anton Busakevych, O. Stets
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引用次数: 0
ESSENCE OF THE RIGHT TO ACCESS PUBLIC INFORMATION:AND INDIVIDUAL PROBLEMS IN CIRCUMSTANCES OF MARTIAL LAW 公共信息获取权的实质:与戒严环境下的个体问题
Pub Date : 2023-03-23 DOI: 10.25313/2520-2308-2023-6-8948
O. Kalinichenko, V. Omelchuk
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引用次数: 0
ADMINISTRATIVE AND LEGAL ENSURING THE RIGHT TO HOUSING IN UKRAINE BY CITIZENS 在行政和法律上保障公民在乌克兰的住房权利
Pub Date : 2022-06-23 DOI: 10.25313/2520-2308-2022-6-8241
O. Ostapenko, A. Kryzhanovskyi
The article examines issues related to the administrative and legal support for the regulation of relations in the housing sphere and the conditions for the realization of the right to housing by citizens of Ukraine. Special attention is paid to the analysis of the provisions enshrined in the Constitution of Ukraine (Article 47) regarding the right of every citizen to housing, as well as the role of the state in realizing this right by creating conditions for building housing, for purchasing housing as ownership, for using housing in the form of rent [1]. It is noted that the grounds for administrative responsibility for violations of: development and approval of state standards, norms and rules in the housing sector have been expanded; carrying out state examination of projects, specific residential objects; licensing of special types of work during construction and repair of residential premises; when registering legal entities and individual entrepreneurs as owners (users) of residential and non-residential premises; when granting permits for the construction, repair and maintenance of objects in the residential sector. At the same time, it is noted that the opinion of T. V. Shapovalova is relevant in terms of content, which, analyzing the well-being of the population, among the indicators of qualitative assessment of the standard of living and its well-being, singles out its living conditions, the presence of which is one of the human needs and indicates the standard of living of a person [2 , p. 52−53]. An analysis of compliance with the principles and implementation of the tasks enshrined in the Housing Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Law of Ukraine «On the State-wide Program for Reforming Housing and Communal Services for 2009−2014», the Law of Ukraine «On Housing and Communal Services» and other normative-legal acts designed to regulate relations in the housing sector. The principles are characterized as the main fundamental provisions that are the foundation of each separate field of law, and at the same time establish the rights of citizens in the housing sphere and the state's duty to ensure citizens’ realization of the right to housing. The principle provision is that the state guarantees the conditions for: the opportunity for citizens to realize the right to housing through their own construction or purchase of housing on the basis of general or preferential lending, as well as the use of housing on lease terms. The state’s obligation to provide social protection to citizens in terms of safe use of housing was noted. It has been proven that the principle of inviolability of housing provides evidence of ensuring the safety of citizens, both in peacetime and wartime conditions. It was concluded that the issue of administrative and legal provision of citizens’ realization of the right to housing has political, economic, legal and social content. The conducted analysis testifies to the existence of o
本文审查了与管理住房领域关系的行政和法律支持以及乌克兰公民实现住房权的条件有关的问题。特别注意分析乌克兰宪法(第47条)中关于每个公民住房权的规定,以及国家在实现这一权利方面的作用,为建造住房、购买住房作为所有权、以租金形式使用住房创造条件[1]。委员会注意到,对违反下列规定追究行政责任的理由有所扩大:制定和批准住房部门的国家标准、规范和规则;实施项目、特定居住对象的国家审查;在建造和维修住宅楼宇期间签发特殊工作的牌照;登记法人和个体工商户为住宅和非住宅物业的业主(使用者)时;在为住宅部门的建筑、维修和保养物品颁发许可证时。同时,值得注意的是,T. V. Shapovalova的观点在内容上是相关的,它分析了人口的福祉,在生活水平及其福祉的定性评估指标中,挑出了其生活条件,其存在是人类需求之一,并表明了一个人的生活水平[2,第52 - 53页]。对《乌克兰住房法》、《乌克兰行政犯罪法》、《2009 - 2014年全国住房和公共服务改革方案》、《乌克兰住房和公共服务法》以及旨在规范住房部门关系的其他规范性法律文件中规定的原则和任务的遵守情况进行分析。这些原则的特点是主要的基础性规定,是每个单独法律领域的基础,同时确立了公民在住房领域的权利和国家保障公民住房权利实现的义务。主要规定是国家保障以下条件:公民有机会通过自己建造住房或在一般贷款或优惠贷款的基础上购买住房实现住房权利,以及以租赁方式使用住房。有人指出,国家有义务在安全使用住房方面向公民提供社会保护。事实证明,住房不可侵犯的原则提供了在和平时期和战时条件下确保公民安全的证据。结论认为,公民住房权实现的行政和法律规定问题具有政治、经济、法律和社会四个方面的内容。所进行的分析证明了苏联时代对住房和公共领域关系的过时解释的存在,以及它们在公民实现住房权过程中的不一致性。
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引用次数: 0
IMPLEMENTATION OF DECISIONS ON DEPRIVATION OF THE RIGHT TO DRIVE A VEHICLE IN UKRAINE 在乌克兰,关于剥夺驾驶车辆权利的决定的执行情况
Pub Date : 2022-06-01 DOI: 10.25313/2520-2308-2022-5-7996
M. Kovaliv, M. Khmyz, S. Yesimov, R. Skrynkovskyy, Yurii Nazar, T. Tkachuk, Leontii Chystokletov, O. Khytra, Khrystyna Kaydrovych
The article reveals the issues of implementation of decisions on deprivation of the right to drive a vehicle in Ukraine. It has been established that the problem of ensuring road safety is one of the important topics in ensuring public safety, since it is primarily related to the preservation of the life and health of each road user. In ensuring road safety, attention is paid to the implementation of administrative coercion measures, which over a long period of time remain key tool for influencing road users. It is noted that among the legal means of coercion, an administrative penalty in the form of deprivation of the right to drive a vehicle is effective, has a personal, and not material, nature. Decisions to deprive the right to drive a vehicle are made by the courts on the basis of a case of an administrative offense, not only as the main, but also as an additional administrative penalty. It is indicated that the collection of materials for the administrative case and the implementation of the court decision is carried out by the patrol police units. It was found that the presence of a different legal status of road traffic subjects regarding the imposition of an administrative penalty in the form of deprivation of the right to drive a vehicle, defined by the current legislation of Ukraine, does not contribute to improving the efficiency of the application and ensuring road safety.
该条揭示了在乌克兰执行关于剥夺驾驶车辆权利的决定的问题。已经确定,确保道路安全是确保公共安全的重要议题之一,因为它主要关系到维护每一个道路使用者的生命和健康。在确保道路安全方面,注意实施行政强制措施,这在很长一段时间内仍然是影响道路使用者的关键工具。委员会指出,在法律强制手段中,以剥夺驾驶车辆权利为形式的行政处罚是有效的,具有个人性质而非物质性质。剥夺车辆驾驶权的决定由法院根据行政违法案件作出,不仅作为主要行政处罚,而且作为附加行政处罚。说明行政案件材料的收集和法院判决的执行是由巡逻民警单位进行的。委员会认为,在乌克兰现行立法规定的以剥夺驾驶车辆权利的形式施加行政处罚方面,道路交通主体存在不同的法律地位,这无助于提高适用的效率和确保道路安全。
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引用次数: 0
JUDICIAL CONTROL AS A GUARANTEE OF THE ACTIVITIES OF THE PROSECUTOR'S OFFICE FOR THE OBSERVANCE OF HUMAN RIGHTS IN UKRAINE 司法控制是对检察官办公室在乌克兰境内遵守人权的活动的保障
Pub Date : 2022-05-01 DOI: 10.25313/2520-2308-2022-4-7975
S. Yesimov, R. Skrynkovskyy, M. Kovaliv, V. Serdiuk, M. Khmyz, Leontii Chystokletov, O. Khytra, Serhii Slinko
The article reveals the features of the implementation of judicial control as a guarantee of the activities of the prosecutor's office for the observance of human rights in Ukraine. It has been established that judicial control acts as a separate institution, the main role in the functioning of which is to regulate social relations in order to ensure the protection of the rights and legitimate interests of a human and a citizen. It has been established that judicial control over the activities of the prosecutor's office in the context of respect for the rights and freedoms of man and citizen is a special type of state control exercised by the judicial branch of power in Ukraine. It was found that the subject of judicial control over the activities of the prosecutor's office is the direct activities of prosecuting authorities, in particular the legality and validity of such activities in the context of making managerial or procedural decisions. It has been established that the subjects of judicial control over the activities of the prosecutor's office are the Supreme Court, courts of appeal and local courts. It is determined that judicial control over the observance of human and civil rights and freedoms should be carried out in the process of applying the measures that will ensure criminal proceedings. It is noted that the prospects for further research in this direction are to study the features and improve the mechanism of administrative and legal regulation of the legal protection of the rights and freedoms of man and citizen in the activities of the prosecutor's office of Ukraine.
该条揭示了实施司法控制的特点,以保证检察官办公室在乌克兰遵守人权的活动。已经确定,司法控制作为一个单独的机构发挥作用,其主要作用是调节社会关系,以确保保护人和公民的权利和合法利益。已经确定,在尊重人和公民的权利和自由的情况下对检察官办公室活动的司法控制是乌克兰司法权力部门行使的一种特殊类型的国家控制。调查发现,对检察官办公室的活动进行司法控制的对象是检察当局的直接活动,特别是这些活动在作出管理或程序决定方面的合法性和有效性。已经确定,对检察官办公室的活动进行司法控制的对象是最高法院、上诉法院和地方法院。委员会决定,应在实施确保刑事诉讼的措施的过程中对遵守人权和公民权利及自由的情况进行司法控制。委员会指出,在这方面进一步研究的前景是研究在乌克兰检察官办公室的活动中对人和公民的权利和自由的法律保护的行政和法律管理的特点和改进机制。
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引用次数: 0
THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY 乌克兰检察官办公室在确保保障法官的独立性和司法机关的权威方面的作用
Pub Date : 2021-12-31 DOI: 10.25313/2520-2308-2021-12-7701
Vasyl Khmyz, R. Skrynkovskyy, Tetiana Protsiuk, M. Khmyz, P. Harasym, Andriy Pryveda, S. Yesimov, M. Mykytiuk
The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.
该条揭示了乌克兰检察官办公室在这一进程中的作用,目的是确保法官的独立性和司法机构的权威。对乌克兰立法框架的研究表明,在确保法官独立性和司法权威的过程中,检察官办公室的作用受到乌克兰宪法、乌克兰《检察官办公室法》、乌克兰《司法制度和法官地位法》、乌克兰《检察官职业道德和行为准则》、乌克兰《刑事诉讼法》、《乌克兰刑法》以及其他规范性文件。调查发现,法官在执行司法方面的专业活动时,不受各种非法影响、压力或干涉的影响。乌克兰的立法确定,法官的独立性原则表明,法官没有义务就未决案件的性质和内容作出解释,但法律规定的案件除外。国家当局、地方自治机构、这些机构的官员和官员、个人和法人实体以及这些人的社团应尊重法官的独立性,在任何情况下都不应侵犯法官的独立性。经确定,检察机关的专业活动所依据的原则之一是尊重法官独立性的原则。事实证明,高级司法理事会始终坚持无条件确保法官独立性的立场,并将这一方向确定为执法机构,特别是检察官办公室的优先活动类型。对与法官的专业活动有关的罪行进行快速和高质量的调查,首先将有助于遵守关于诉诸司法原则的宪法法律。委员会指出,在这方面进一步研究的前景是研究司法机构在进行专业活动时遵守法治和法制原则的法律基础。
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引用次数: 0
MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF RESPONSE TO BIOTERRORISM: INTERNATIONAL LEGAL ASPECTS 应对生物恐怖主义的行政和法律规制机制:国际法律方面
Pub Date : 2019-08-31 DOI: 10.25313/2520-2308-2019-5-5122
M. Kravchuk
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引用次数: 0
PRINCIPLES IN THE SPHERE OF ENVIRONMENTAL PROTECTION IN THE EU 欧盟环境保护领域的原则
Pub Date : 2019-08-31 DOI: 10.25313/2520-2308-2019-5-5118
I. Gyrenko
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引用次数: 0
THE DIRECTIONS OF IMPROVEMENT OF THE MECHANISM OF THE PROVISION OF HUMAN RIGHTS IN CONDUCTING OF THE SECRET INVESTIGATIVE (SEARCH) ACTIONS 改进秘密调查(搜查)行动中人权保障机制的方向
Pub Date : 2019-08-31 DOI: 10.25313/2520-2308-2019-5-5119
A. Koval’
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引用次数: 0
期刊
International scientific journal "Internauka". Series: "Juridical Sciences"
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