Pub Date : 2020-11-30DOI: 10.15330/apiclu.54.101-118
D. Kosse
The article deals with the issues of legal support and an integrated legal approach to the analysis and research of issues of provision, receipt, use of tax information in relation to individuals at the interstate level. The legal grounds for the current procedures for the exchange of tax information in Ukraine and the Hellenic Republic, the existing legal possibilities for obtaining tax information on possible tax residents of the respective countries have been determined. The author analyzes the powers of banks and other financial structures to obtain tax information, the legal responsibility of taxpayers, lists of financial structures that must take part in the receipt and transmission of such information are determined. An analysis of the implementation of the Multilateral Convention on Cooperation between Competent Bodies on the Automatic Exchange of Information According to the CRS (Common Reporting Standard) standard in Ukraine and Greece shows the need for legal mechanisms and legislative actions in Ukraine to launch multilateral automatic exchange of tax information on CRS standard. Specific complexes of legal actions for the implementation of multilateral automatic exchange of tax information according to the CRS standard in Ukraine are proposed. The proposed implementations of automatic exchange of tax information will allow the regulatory authorities to fully implement the policy of objective and transparent administration of taxes from income received outside Ukraine by tax residents of Ukraine. In fact, when such an exchange functions, the regulatory authorities will have the same information as inside the country and use it for the correct administration of taxes. This approach will help implement the principles of fairness in the payment of taxes. The effectiveness of such an exchange of tax information is confirmed by the results of the implementation in Ukraine of the FATCA (Foreign Account Tax Compliance Act) on tax reporting on foreign accounts, which was adopted to combat tax evasion by US residents and is already in force in Ukraine for tax residents of Ukraine in USA and US tax residents in Ukraine.
{"title":"Legal Support For Automatic Exchange Of Tax Information According To The CRS Standard For Tax Residents Of Ukraine","authors":"D. Kosse","doi":"10.15330/apiclu.54.101-118","DOIUrl":"https://doi.org/10.15330/apiclu.54.101-118","url":null,"abstract":"The article deals with the issues of legal support and an integrated legal approach to the analysis and research of issues of provision, receipt, use of tax information in relation to individuals at the interstate level. The legal grounds for the current procedures for the exchange of tax information in Ukraine and the Hellenic Republic, the existing legal possibilities for obtaining tax information on possible tax residents of the respective countries have been determined. \u0000The author analyzes the powers of banks and other financial structures to obtain tax information, the legal responsibility of taxpayers, lists of financial structures that must take part in the receipt and transmission of such information are determined. \u0000An analysis of the implementation of the Multilateral Convention on Cooperation between Competent Bodies on the Automatic Exchange of Information According to the CRS (Common Reporting Standard) standard in Ukraine and Greece shows the need for legal mechanisms and legislative actions in Ukraine to launch multilateral automatic exchange of tax information on CRS standard. Specific complexes of legal actions for the implementation of multilateral automatic exchange of tax information according to the CRS standard in Ukraine are proposed. \u0000The proposed implementations of automatic exchange of tax information will allow the regulatory authorities to fully implement the policy of objective and transparent administration of taxes from income received outside Ukraine by tax residents of Ukraine. In fact, when such an exchange functions, the regulatory authorities will have the same information as inside the country and use it for the correct administration of taxes. This approach will help implement the principles of fairness in the payment of taxes. \u0000The effectiveness of such an exchange of tax information is confirmed by the results of the implementation in Ukraine of the FATCA (Foreign Account Tax Compliance Act) on tax reporting on foreign accounts, which was adopted to combat tax evasion by US residents and is already in force in Ukraine for tax residents of Ukraine in USA and US tax residents in Ukraine.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125830341","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}
Pub Date : 2020-11-30DOI: 10.15330/apiclu.54.36-45
M. Pyzhova
The article covers the issues of factors influencing the formation of fair wages. The principles on which the system of guarantees of realization of the rights of workers to a fair wage should be based are considered. There are two groups of factors in the formation of wages: a) market; b) non-market or socio-legal. The first group includes: 1) changes in supply and demand in the market of goods and services in the production of which this work is used; 2) the usefulness of the resource of the entrepreneur; 3) the elasticity of demand for labor at price; 4) interchangeability of resources; 5) change in prices for consumer goods and services. The second group includes: 1) measures of state regulation related to the establishment of the minimum wage, minimum salary, subsistence level; 2) the level of wages and conditions of employment can have a significant impact on trade union policy, the strength of the trade union movement; 3) the final results of the enterprise and the personal contribution of the employee; 4) the existence of a system of guarantees for the realization of employees’ rights to fair remuneration. It is pointed out that we cannot study the institution of wages in isolation from the current economic situation in the country, so we need to know what factors affect the determination of the level of wages. There are four principles on which the system of guarantees for the realization of employees’ rights to fair remuneration should be based: 1) equality of remuneration; 2) timeliness of remuneration; 3) completeness of payment of wages; 4) fair pay. It is concluded that the proposed and analyzed factors that affect the formation of wages should be studied and taken into account during the regulatory reform of the institution of wages. In our opinion, the principles on which the system of guarantees for the realization of workers’ rights to fair remuneration should be based must be enshrined in law. It is argued that the institution of wages needs comprehensive reform. And above all, it is necessary to pay attention to the principles on which it should be built, because these are the fundamental foundations.
{"title":"Factors And Principles Of Fair Pay","authors":"M. Pyzhova","doi":"10.15330/apiclu.54.36-45","DOIUrl":"https://doi.org/10.15330/apiclu.54.36-45","url":null,"abstract":"The article covers the issues of factors influencing the formation of fair wages. The principles on which the system of guarantees of realization of the rights of workers to a fair wage should be based are considered. There are two groups of factors in the formation of wages: a) market; b) non-market or socio-legal. The first group includes: \u00001) changes in supply and demand in the market of goods and services in the production of which this work is used; 2) the usefulness of the resource of the entrepreneur; 3) the elasticity of demand for labor at price; 4) interchangeability of resources; 5) change in prices for consumer goods and services. The second group includes: 1) measures of state regulation related to the establishment of the minimum wage, minimum salary, subsistence level; 2) the level of wages and conditions of employment can have a significant impact on trade union policy, the strength of the trade union movement; \u00003) the final results of the enterprise and the personal contribution of the employee; \u00004) the existence of a system of guarantees for the realization of employees’ rights to fair remuneration. It is pointed out that we cannot study the institution of wages in isolation from the current economic situation in the country, so we need to know what factors affect the determination of the level of wages. \u0000There are four principles on which the system of guarantees for the realization of employees’ rights to fair remuneration should be based: 1) equality of remuneration; \u00002) timeliness of remuneration; 3) completeness of payment of wages; 4) fair pay. \u0000It is concluded that the proposed and analyzed factors that affect the formation of wages should be studied and taken into account during the regulatory reform of the institution of wages. \u0000In our opinion, the principles on which the system of guarantees for the realization of workers’ rights to fair remuneration should be based must be enshrined in law. It is argued that the institution of wages needs comprehensive reform. And above all, it is necessary to pay attention to the principles on which it should be built, because these are the fundamental foundations.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126705158","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}
Pub Date : 2020-11-30DOI: 10.15330/apiclu.54.129-138
A.S. Mikish
In recent years, the legal literature has begun to use the concept of secondary crime, which has long been used in German criminal law and is based on the theory of involvement in a crime. An analysis of the domestic criminal law literature suggests that this concept has not yet been sufficiently disclosed by anyone. It should be noted that the problems of involvement in the crime are given much less attention than, for example, complicity. This can be explained by the fact that involvement is considered by individual scholars within the institute of complicity. The term «preceding» is intended to emphasize the fact that the commission of the main elements of a criminal offense is not possible without a previous, simultaneous or subsequent actual commission, or without a previously formed intention to commit another criminal offense. In this regard, it should be noted: speaking of «precedence», we do not mean strictly temporal dependence, when one action objectively precedes in time another, and mental-logical dependence, when one action or actually precedes another, or on at least exists in the plan to commit the latter. The previous crime is not part of the main structure of the criminal offense, remaining an independent component. Such a criminal offense only complements the feature of the main criminal offense with a special meaning, narrows it and thus describes, although in itself does not turn into a feature of this composition of the main criminal offense.
{"title":"Prior Criminal Offense As A Prerequisite For Secondary Criminal Activity","authors":"A.S. Mikish","doi":"10.15330/apiclu.54.129-138","DOIUrl":"https://doi.org/10.15330/apiclu.54.129-138","url":null,"abstract":"In recent years, the legal literature has begun to use the concept of secondary crime, which has long been used in German criminal law and is based on the theory of involvement in a crime. An analysis of the domestic criminal law literature suggests that this concept has not yet been sufficiently disclosed by anyone. It should be noted that the problems of involvement in the crime are given much less attention than, for example, complicity. This can be explained by the fact that involvement is considered by individual scholars within the institute of complicity. \u0000The term «preceding» is intended to emphasize the fact that the commission of the main elements of a criminal offense is not possible without a previous, simultaneous or subsequent actual commission, or without a previously formed intention to commit another criminal offense. In this regard, it should be noted: speaking of «precedence», we do not mean strictly temporal dependence, when one action objectively precedes in time another, and mental-logical dependence, when one action or actually precedes another, or on at least exists in the plan to commit the latter. The previous crime is not part of the main structure of the criminal offense, remaining an independent component. Such a criminal offense only complements the feature of the main criminal offense with a special meaning, narrows it and thus describes, although in itself does not turn into a feature of this composition of the main criminal offense.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129356774","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 purpose of the article is to study the provisions of the current legislative acts of Ukraine, which regulate the legal status and duties of the company’s officials, compare the completeness and detail of the regulation of duties of officials for joint stock companies, limited liability companies and additional liability companies. The main methods of research applied by the author are analysis and comparison. The norms of the Civil and Commercial Codes of Ukraine, laws of Ukraine on JSC, LLC and ALC were investigated. The article explores the provisions of the proposed draft law on joint stock companies; proposals for improving the legal regulation of this issue are analyzed. The author explored that new law contains such general provisions on duties of the joint stock company officials: the officials must act in the interests of the company, within the powers granted to them by the charter of the company and the legislation; act in good faith and reason; act in a manner that, in their good faith, will contribute to achieving the goal of the company. Also new regulation is supposed to include a list of duties of officials such as: 1) the duty to facilitate the company’s achievement of successful results in accordance with this Law; 2) the duty to make independent decisions in accordance with this Law; 3) duty to act with a reasonable degree of diligence, professionalism and diligence in accordance with this Law; 4) duty to avoid conflicts of interest; 5) duty to refrain from accepting benefits (benefits) from third parties; 6) duty of notification about the interest in the company’s agreement. The author expressed positive comments on certain proposed changes, such as establishing a list of duties for officials of the joint stock company and determining the responsibility for these duties breaking, as well as negative comments on law drafting technique, vague concepts and providing the possibility of an exceptional approach towards responsibility for duties breach.
{"title":"General Provisions On Duties Of Company Officials In The Legislation Of Ukraine","authors":"V. Vasylieva","doi":"10.15330/apiclu.54.3-10","DOIUrl":"https://doi.org/10.15330/apiclu.54.3-10","url":null,"abstract":"The purpose of the article is to study the provisions of the current legislative acts of Ukraine, which regulate the legal status and duties of the company’s officials, compare the completeness and detail of the regulation of duties of officials for joint stock companies, limited liability companies and additional liability companies. The main methods of research applied by the author are analysis and comparison. The norms of the Civil and Commercial Codes of Ukraine, laws of Ukraine on JSC, LLC and ALC were investigated. The article explores the provisions of the proposed draft law on joint stock companies; proposals for improving the legal regulation of this issue are analyzed. The author explored that new law contains such general provisions on duties of the joint stock company officials: the officials must act in the interests of the company, within the powers granted to them by the charter of the company and the legislation; act in good faith and reason; act in a manner that, in their good faith, will contribute to achieving the goal of the company. Also new regulation is supposed to include a list of duties of officials such as: 1) the duty to facilitate the company’s achievement of successful results in accordance with this Law; 2) the duty to make independent decisions in accordance with this Law; 3) duty to act with a reasonable degree of diligence, professionalism and diligence in accordance with this Law; 4) duty to avoid conflicts of interest; 5) duty to refrain from accepting benefits (benefits) from third parties; 6) duty of notification about the interest in the company’s agreement. \u0000The author expressed positive comments on certain proposed changes, such as establishing a list of duties for officials of the joint stock company and determining the responsibility for these duties breaking, as well as negative comments on law drafting technique, vague concepts and providing the possibility of an exceptional approach towards responsibility for duties breach.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125879833","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}
Pub Date : 2020-11-30DOI: 10.15330/apiclu.54.118-128
T. Lutskyi
The article covers the methodology and results of the analysis of sentencing for violation of traffic safety rules or operation of transport by persons who drive vehicles which caused caused the death of the victim or death (Part 2 and part 3 of Article 286 of the Criminal Code of Ukraine). The ratio of the type and amount of punishment imposed by courts under this articleі of the Criminal Code of Ukraine on the basis of sentences passed by courts during 2019 is given. The appointment of the courts under the sanction of Part 2 and 3 of Article 286 of the Criminal Code of Ukraine of each of the types of penalty is analyzed. The author outlined the main aspects in the using of these types of punishments by the courts. The article also reveals the characteristics of the application by the courts of the provisions of Articles 69 and 75 of the Criminal Code of Ukraine. Among other things, the author examined the state of application by the courts of additional punishment in the form of deprivation of the right to drive vehicles. According to the results, such an additional punishment in 2019 was applied by courts in less than half of the analyzed sentences. All court verdicts for 2019, contained in the Unified State Register of court decisions rendered in respect of crimes under Part 2 and Part 3 of Art. 286 of the Criminal Code of Ukraine, which resulted in negligent death of another person. In addition, the author of the article suggested possible solutions to the problem, which are likely to arise as a result of the mandatory deprivation of the right to drive vehicles. According to the results of the analysis, the author identified the problems that arise when sentencing courts under Part 2 and part 3 of Art. 286 of the Criminal Code of Ukraine and suggested possible ways to solve them. It also covers the expediency of release by a court from serving a sentence of reprimand for negligent death of a person as a result of violation of traffic safety rules and operation of transport, as well as the imposition of a milder punishment than provided by law.
{"title":"Analysis Of The Punishment Of Penalties By Courts For Wrongful Death During Violation Of Rules Of Road Safety Or Operation Of Transport","authors":"T. Lutskyi","doi":"10.15330/apiclu.54.118-128","DOIUrl":"https://doi.org/10.15330/apiclu.54.118-128","url":null,"abstract":"The article covers the methodology and results of the analysis of sentencing for violation of traffic safety rules or operation of transport by persons who drive vehicles which caused caused the death of the victim or death (Part 2 and part 3 of Article 286 of the Criminal Code of Ukraine). \u0000The ratio of the type and amount of punishment imposed by courts under this articleі of the Criminal Code of Ukraine on the basis of sentences passed by courts during 2019 is given. The appointment of the courts under the sanction of Part 2 and 3 of Article 286 of the Criminal Code of Ukraine of each of the types of penalty is analyzed. The author outlined the main aspects in the using of these types of punishments by the courts. The article also reveals the characteristics of the application by the courts of the provisions of Articles 69 and 75 of the Criminal Code of Ukraine. Among other things, the author examined the state of application by the courts of additional punishment in the form of deprivation of the right to drive vehicles. According to the results, such an additional punishment in 2019 was applied by courts in less than half of the analyzed sentences. \u0000All court verdicts for 2019, contained in the Unified State Register of court decisions rendered in respect of crimes under Part 2 and Part 3 of Art. 286 of the Criminal Code of Ukraine, which resulted in negligent death of another person. \u0000In addition, the author of the article suggested possible solutions to the problem, which are likely to arise as a result of the mandatory deprivation of the right to drive vehicles. According to the results of the analysis, the author identified the problems that arise when sentencing courts under Part 2 and part 3 of Art. 286 of the Criminal Code of Ukraine and suggested possible ways to solve them. It also covers the expediency of release by a court from serving a sentence of reprimand for negligent death of a person as a result of violation of traffic safety rules and operation of transport, as well as the imposition of a milder punishment than provided by law.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122532197","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}
Pub Date : 2020-11-30DOI: 10.15330/apiclu.54.169-180
V. Knysh
The article examines the peculiarities of the genesis and further development of constitutional and legal responsibility in the Ukrainian lands in the Lithuanian- Polish era. The author’s conviction that during the Lithuanian-Polish period in the Ukrainian lands the main administrative tendencies and sources of law of this period influenced the formation and development of the institution of constitutional and legal responsibility in the Ukrainian lands. To such features of the investigated type of responsibility, it is necessary to carry a number of features. The first of them was a combination of centralization and decentralization in the field of positive constitutional and legal responsibility and the implementation of state policy between the Grand Duke of Lithuania and local princes in the fourteenth century. In this case, the relationship between the Grand Duke and local princes were vassal. Local princes had broad autonomy in internal affairs, but, at the request of the Grand Duke, had to participate in military campaigns with his army and pay tribute. Thus, the centralizing tendencies of responsibility concerned the Grand Duke of Lithuania and were reduced to positive responsibility for the military-defence sphere and national taxes. As for the decentralization principles of responsibility, it was the sphere of local princes, which was reduced to broad internal powers in the lands under their control. The second significant feature was the centralization of power and the growing role of constitutional and legal responsibility of the Grand Duke during the fifteenth century with a simultaneous narrowing of the powers and responsibilities of local princes. In particular, the Privilege of 1434 finally consolidated the loss of state rights of local princes and turned them into subjects of the Grand Duke. The third feature was the redistribution of the principles of positive constitutional and legal responsibility based on caste-representative principles, the priority of collegial (collective) responsibility over individual. This was manifested in the fact that at the end of the fifteenth century. Century expanded the competence of the lords of the council, which was formed of the most influential vassals of the Grand Duke (princes, magnates, boyars, lords, including Ukrainian, church hierarchs) and acted initially as an advisory body. In particular, under the privilege of 1492, the prince decided the most important state affairs together with the gentlemen-advisers. This included issues of foreign policy, the issuance and repeal of laws, the appointment and dismissal of senior government officials, the implementation of expenditures from the state treasury, court decisions. The privilege of 1506 further strengthened the legal position of the council. Now, if the opinions of the gentlemen-advisers did not coincide with the views of the prince, the latter had to obey the council. In the absence of the Grand Duke, the council was to govern all
{"title":"Formation And Development Of Constitutional And Legal Responsibility In The Ukrainian Lands In The Lithuanian-Polish Period","authors":"V. Knysh","doi":"10.15330/apiclu.54.169-180","DOIUrl":"https://doi.org/10.15330/apiclu.54.169-180","url":null,"abstract":"The article examines the peculiarities of the genesis and further development of constitutional and legal responsibility in the Ukrainian lands in the Lithuanian- Polish era. The author’s conviction that during the Lithuanian-Polish period in the Ukrainian lands the main administrative tendencies and sources of law of this period influenced the formation and development of the institution of constitutional and legal responsibility in the Ukrainian lands. To such features of the investigated type of responsibility, it is necessary to carry a number of features. The first of them was a combination of centralization and decentralization in the field of positive constitutional and legal responsibility and the implementation of state policy between the Grand Duke of Lithuania and local princes in the fourteenth century. In this case, the relationship between the Grand Duke and local princes were vassal. Local princes had broad autonomy in internal affairs, but, at the request of the Grand Duke, had to participate in military campaigns with his army and pay tribute. Thus, the centralizing tendencies of responsibility concerned the Grand Duke of Lithuania and were reduced to positive responsibility for the military-defence sphere and national taxes. As for the decentralization principles of responsibility, it was the sphere of local princes, which was reduced to broad internal powers in the lands under their control. \u0000The second significant feature was the centralization of power and the growing role of constitutional and legal responsibility of the Grand Duke during the fifteenth century with a simultaneous narrowing of the powers and responsibilities of local princes. In particular, the Privilege of 1434 finally consolidated the loss of state rights of local princes and turned them into subjects of the Grand Duke. \u0000The third feature was the redistribution of the principles of positive constitutional and legal responsibility based on caste-representative principles, the priority of collegial (collective) responsibility over individual. This was manifested in the fact that at the end of the fifteenth century. Century expanded the competence of the lords of the council, which was formed of the most influential vassals of the Grand Duke (princes, magnates, boyars, lords, including Ukrainian, church hierarchs) and acted initially as an advisory body. In particular, under the privilege of 1492, the prince decided the most important state affairs together with the gentlemen-advisers. This included issues of foreign policy, the issuance and repeal of laws, the appointment and dismissal of senior government officials, the implementation of expenditures from the state treasury, court decisions. The privilege of 1506 further strengthened the legal position of the council. Now, if the opinions of the gentlemen-advisers did not coincide with the views of the prince, the latter had to obey the council. In the absence of the Grand Duke, the council was to govern all","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127724305","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}
Pub Date : 2020-11-30DOI: 10.15330/apiclu.54.139-149
Yu.D. Nikitina, Y. Balan, N. Lashchuk
The pros and cons arguments of the possibility of granting legal education to the students on the speciality “Law” in the higher educational establishments with specific learning conditions are considered in the article. There are the following options: 1) the possibility of training on the speciality “Law Enforcement” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities exclusively; 2) the possibility of training on the speciality “Law Enforcement” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities exclusively, but at the same time training of “broad” lawyers on the speciality “Law” at the expense of individuals and legal entities; 3) the possibility of training both on the specialities “Law Enforcement” and “Law” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities and “broad” lawyers on the speciality “Law” at the expense of individuals and legal entities. It is stated that legal education of lawyers in higher educational establishments with specific learning conditions is not only possible but also appropriate. Legislative restriction of the range of educational institutions that can train lawyers leads to a lack of competition as competition is the key to improving quality of education.
{"title":"Legal Education In Higher Educational Establishments Of The Ministry Of Internal Affairs Of Ukraine: Pro E Contra","authors":"Yu.D. Nikitina, Y. Balan, N. Lashchuk","doi":"10.15330/apiclu.54.139-149","DOIUrl":"https://doi.org/10.15330/apiclu.54.139-149","url":null,"abstract":"The pros and cons arguments of the possibility of granting legal education to the students on the speciality “Law” in the higher educational establishments with specific learning conditions are considered in the article. There are the following options: 1) the possibility of training on the speciality “Law Enforcement” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities exclusively; 2) the possibility of training on the speciality “Law Enforcement” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities exclusively, but at the same time training of “broad” lawyers on the speciality “Law” at the expense of individuals and legal entities; 3) the possibility of training both on the specialities “Law Enforcement” and “Law” of investigators, interrogating officers, operatives employees, forensic scientists for the needs of the national police or other public authorities and “broad” lawyers on the speciality “Law” at the expense of individuals and legal entities. \u0000It is stated that legal education of lawyers in higher educational establishments with specific learning conditions is not only possible but also appropriate. Legislative restriction of the range of educational institutions that can train lawyers leads to a lack of competition as competition is the key to improving quality of education.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121934966","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}
Pub Date : 2020-02-28DOI: 10.15330/apiclu.52.22-30
I. Kozych
The author argues that the policy in the field of combating crime as a component of state legal policy ensures the implementation of certain functions on the basis of the relevant principles. Anti-crime policy performs a number of functions inherent in politics in general. In particular, the integrative function ensures the unity, integrity and stability of society. The managerial and regulatory function is that the policy expresses the socially significant interests of all segments of society by defining specific goals and objectives of the relevant bodies. The function of rationalization forms the tactical and strategic goals of society, determines effective methods of their implementation. The function of innovation is to respond to anti-crime policies to new forms of social life using appropriate dynamic methods and techniques. The function of resource mobilization ensures the use of appropriate efforts to address the tasks assigned to the studied policy area (and, accordingly, the effectiveness of policy implementation in the field of combating crime in general). The human rights function is aimed at criminal law protection of human rights and freedoms. The function of political socialization «includes» people, public organizations in the world of criminal law regulation and protection, giving them various opportunities to influence the implementation of criminal law policy. The author points to the survival of the following formative (incoming) functions of criminal law policy: 1) the function of forming a request; 2) the function of determining resources. Among the implementation («initial») functions of criminal law policy should be noted: 1) rule-making function, 2) rule-making function, 3) control function. Service functions are: 1) interpretive function; 2) information and communication function.
{"title":"Systematization Of Functions Of Criminal Law Policy","authors":"I. Kozych","doi":"10.15330/apiclu.52.22-30","DOIUrl":"https://doi.org/10.15330/apiclu.52.22-30","url":null,"abstract":"The author argues that the policy in the field of combating crime as a component of state legal policy ensures the implementation of certain functions on the basis of the relevant principles. Anti-crime policy performs a number of functions inherent in politics in general. In particular, the integrative function ensures the unity, integrity and stability of society. \u0000The managerial and regulatory function is that the policy expresses the socially significant interests of all segments of society by defining specific goals and objectives of the relevant bodies. The function of rationalization forms the tactical and strategic goals of society, determines effective methods of their implementation. The function of innovation is to respond to anti-crime policies to new forms of social life using appropriate dynamic methods and techniques. The function of resource mobilization ensures the use of appropriate efforts to address the tasks assigned to the studied policy area (and, accordingly, the effectiveness of policy implementation in the field of combating crime in general). \u0000The human rights function is aimed at criminal law protection of human rights and freedoms. The function of political socialization «includes» people, public organizations in the world of criminal law regulation and protection, giving them various opportunities to influence the implementation of criminal law policy. \u0000The author points to the survival of the following formative (incoming) functions of criminal law policy: 1) the function of forming a request; 2) the function of determining resources. Among the implementation («initial») functions of criminal law policy should be noted: 1) rule-making function, 2) rule-making function, 3) control function. \u0000Service functions are: 1) interpretive function; 2) information and communication function.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"1002 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116238304","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}
Pub Date : 2019-08-06DOI: 10.15330/apiclu.51.88-99
H. V. Moroz
The article is aimed at studying the legal means (ways) of representing (formalizing) interests in the mechanism for the legal regulation of environmental relations. The conclusion is reached that it deems reasonable to pose a question about an optimal correlation between interests, i.e. about their sound compromise, not a balance between them, since the latter requires balancing them out which is neither factually, nor legally possible. One characteristic feature of environmental law is its simultaneous use of a permit-based way of the legal regulation by granting the corresponding rights and introducing prohibitions. It contributes to developing a rigid model of the behaviour between the subjects of environmental relations. One of the criteria determining the degree of the efficiency of the mechanism for the legal regulation of a certain type of relations is, among others, taking a full account of the interests of the subjects of this type of relations by means of representing (formalizing) these interests in legislation, their juridization. There exist several ways aimed at formalizing environmental interests: 1) permits, concerning only citizens and public unions, i.e the powers provided for by the environmental rights of the subjects of environmental law; 2) obligations - prescriptions binding on persons to be fulfilled, designed for state authorities, subjects of economic relations, citizens and their unions; 3) proscriptions. All of the components of the environmental law mechanism described in the article are complex in terms of their procedure and, in fact, constitute the public law mechanism being aimed at ensuring mostly public environmental interests. Furthermore, its implementation will definitely involve influencing private, often nonenvironmental interests, which should also be taken into consideration. This is what constitutes the very purpose of the environmental law mechanism as a comprehensive coherent system of normatively established measures and requirements, actions and processes aimed at gradually and effectively achieving the objectives of environmental law. This objective lies in developing environmental law and order as a guarantee for the fulfillment of the constitutional environmental rights and nature conservation, including the objective of conserving biodiversity. Considering the dynamic nature of the development of environmental and other relations with regard to the possibility of the direction of the interests of the subjects of these relations being changed, it deems necessary to reconsider the nature and content of those legal means that constitute the environmental law mechanism.
{"title":"The Representation Of Interests In The Mechanism For The Legal Regulation Of Environmental Relations: Certain Aspects","authors":"H. V. Moroz","doi":"10.15330/apiclu.51.88-99","DOIUrl":"https://doi.org/10.15330/apiclu.51.88-99","url":null,"abstract":"The article is aimed at studying the legal means (ways) of representing (formalizing) interests in the mechanism for the legal regulation of environmental relations. \u0000The conclusion is reached that it deems reasonable to pose a question about an optimal correlation between interests, i.e. about their sound compromise, not a balance between them, since the latter requires balancing them out which is neither factually, nor legally possible. \u0000One characteristic feature of environmental law is its simultaneous use of a permit-based way of the legal regulation by granting the corresponding rights and introducing prohibitions. It contributes to developing a rigid model of the behaviour between the subjects of environmental relations. \u0000One of the criteria determining the degree of the efficiency of the mechanism for the legal regulation of a certain type of relations is, among others, taking a full account of the interests of the subjects of this type of relations by means of representing (formalizing) these interests in legislation, their juridization. There exist several ways aimed at formalizing environmental interests: 1) permits, concerning only citizens and public unions, i.e the powers provided for by the environmental rights of the subjects of environmental law; 2) obligations - prescriptions binding on persons to be fulfilled, designed for state authorities, subjects of economic relations, citizens and their unions; 3) proscriptions. \u0000All of the components of the environmental law mechanism described in the article are complex in terms of their procedure and, in fact, constitute the public law mechanism being aimed at ensuring mostly public environmental interests. Furthermore, its implementation will definitely involve influencing private, often nonenvironmental interests, which should also be taken into consideration. This is what constitutes the very purpose of the environmental law mechanism as a comprehensive coherent system of normatively established measures and requirements, actions and processes aimed at gradually and effectively achieving the objectives of environmental law. This objective lies in developing environmental law and order as a guarantee for the fulfillment of the constitutional environmental rights and nature conservation, including the objective of conserving biodiversity. \u0000Considering the dynamic nature of the development of environmental and other relations with regard to the possibility of the direction of the interests of the subjects of these relations being changed, it deems necessary to reconsider the nature and content of those legal means that constitute the environmental law mechanism.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114258166","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}
Pub Date : 2019-08-06DOI: 10.15330/apiclu.51.213-221
V. Knysh
The article explores the main aspects of legal consolidation of constitutional legal responsibility on Ukrainian lands in 1917-1920. In this case, the main attention is paid to the legislation of the Ukrainian People’s Republic (UNR) on this issue. On the author’s conviction, the responsibility of state authorities and local selfgovernment of the UPR was characterized by the following features: 1) the consolidation at the level of the Constitution of the general and specific features of the constitutional and legal responsibility of the parliament of the UPR (NationalAssembly ofthe UPR). In particular, the common features ofthe constitutional legal responsibility of the Parliament of the UPR are their clear correspondence with the main functions: law-making (responsibility for the exercise of the functions of the legislative power) and personnel (constitutional and legal responsibility for the formation of executive and judicial authorities). Specific features of constitutional legal responsibility were expressed in the functions of exclusive constitutional rulemaking (amending the Constitution of the UPR by at least 3/5 of the votes of the present deputies; the authority to approve political and economic treaties concluded in the name of the UPR and to be responsible for their content and execution); economic and fiscal functions (the impossibility of collecting taxes without a decision of the National Assembly; the impossibility of establishing loans and pledging state property without a resolution of the National Assembly) emergency functions (responsibility for the National Assembly to form troops and law enforcement agencies of the state, for declaring war and peace) 1) legal consolidation in relation to the government (Council of People’s Ministers) of sole retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the ministers themselves, as well as collective retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the entire government; 2) Determination of constitutional legal responsibility (both positive and negative) for the administration of justice in the state by the General Court of the UPR; 3) approval of the constitutional and legal responsibility of local authorities for the control function of the ministers of the UPR in relation to the elected Councils and Administrations of communities, volosts and lands, as well as through the jurisdictional function of the justice authorities; 4) Conditionality of the constitutional and legal responsibility of the autonomous rights of national Unions with the exclusive competence of the National Unions and bodies representing them with functions of a fiscal and economic nature. So, the basic principles of competence and constitutional legal responsibility of the organs of state power and local self-government of the UPR according to the Constit
{"title":"Historical Aspects Of Constitutional Responsibility In Ukrainian Lands In 1917-1920","authors":"V. Knysh","doi":"10.15330/apiclu.51.213-221","DOIUrl":"https://doi.org/10.15330/apiclu.51.213-221","url":null,"abstract":"The article explores the main aspects of legal consolidation of constitutional legal responsibility on Ukrainian lands in 1917-1920. In this case, the main attention is paid to the legislation of the Ukrainian People’s Republic (UNR) on this issue. \u0000On the author’s conviction, the responsibility of state authorities and local selfgovernment of the UPR was characterized by the following features: \u00001) the consolidation at the level of the Constitution of the general and specific features of the constitutional and legal responsibility of the parliament of the UPR (NationalAssembly ofthe UPR). In particular, the common features ofthe constitutional legal responsibility of the Parliament of the UPR are their clear correspondence with the main functions: law-making (responsibility for the exercise of the functions of the legislative power) and personnel (constitutional and legal responsibility for the formation of executive and judicial authorities). Specific features of constitutional legal responsibility were expressed in the functions of exclusive constitutional rulemaking (amending the Constitution of the UPR by at least 3/5 of the votes of the present deputies; the authority to approve political and economic treaties concluded in the name of the UPR and to be responsible for their content and execution); economic and fiscal functions (the impossibility of collecting taxes without a decision of the National Assembly; the impossibility of establishing loans and pledging state property without a resolution of the National Assembly) emergency functions (responsibility for the National Assembly to form troops and law enforcement agencies of the state, for declaring war and peace) \u00001) legal consolidation in relation to the government (Council of People’s Ministers) of sole retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the ministers themselves, as well as collective retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the entire government; \u00002) Determination of constitutional legal responsibility (both positive and negative) for the administration of justice in the state by the General Court of the UPR; \u00003) approval of the constitutional and legal responsibility of local authorities for the control function of the ministers of the UPR in relation to the elected Councils and Administrations of communities, volosts and lands, as well as through the jurisdictional function of the justice authorities; \u00004) Conditionality of the constitutional and legal responsibility of the autonomous rights of national Unions with the exclusive competence of the National Unions and bodies representing them with functions of a fiscal and economic nature. \u0000So, the basic principles of competence and constitutional legal responsibility of the organs of state power and local self-government of the UPR according to the Constit","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116813542","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}