Pub Date : 2024-05-11DOI: 10.24144/2788-6018.2024.02.98
N. Kolomiets, Y. Luhyna
The article presents a study in the field of military criminal offenses. It is noted that military criminal offenses are enshrined in a separate Chapter XIX of the Special Part of the Criminal Code of Ukraine. They are united by the risk of loss of sufficient combat capability, which in the context of the modern Russian-Ukrainian war means the loss of the ability to maintain peace and statehood. The focus of the study is on one of such criminal acts, namely Absence without Leave or place of service (hereinafter - AWOL). The authors provide statistics on the number of cases and registered criminal offenses qualified under Art. 407 of the Criminal Code of Ukraine. As of the first half of 2022, the number of Art. 407 of the Criminal Code of Ukraine amounted to almost 2,000, which is 4 times more than before the full-scale invasion of the Russian Federation into the territory of Ukraine. Therefore, it was noted that despite the possibility of applying state coercion in the form of criminal punishment, military personnel still commit AWOLs massively, indicating the need to strengthen mechanisms for preventing and combating these criminal offenses. During the analysis of the norms of the Criminal Code, the following mandatory features of military criminal offenses, which are inherent in AWOL in particular, were established: the act affects a special object; the presence of a special subject: military personnel, conscripts, and reservists during training; the act constitutes a military criminal offense only when it is enshrined in Chapter XIX of the Special Part of the Criminal Code of Ukraine. It is noted that Art. 407 of the Criminal Code of Ukraine provides for simple, qualified, and especially qualified criminal compositions of AWOL. The possibility of applying administrative liability for AWOL is emphasized. Regarding the composition of the criminal offense, the generic and special object of AWOL was analyzed, it was established that the objective side is presented in two forms of action, emphasizing the presence of a special subject of AWOL, and the subjective side includes guilt in the form of intent or negligence depending on the form of action. Preconceived intent is also considered as a mandatory feature of the subjective side of AWOL.
{"title":"Criminal-legal characteristics of absence without leave or place of service. Аnalysis of objective and subjective features","authors":"N. Kolomiets, Y. Luhyna","doi":"10.24144/2788-6018.2024.02.98","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.98","url":null,"abstract":"The article presents a study in the field of military criminal offenses. It is noted that military criminal offenses are enshrined in a separate Chapter XIX of the Special Part of the Criminal Code of Ukraine. They are united by the risk of loss of sufficient combat capability, which in the context of the modern Russian-Ukrainian war means the loss of the ability to maintain peace and statehood. The focus of the study is on one of such criminal acts, namely Absence without Leave or place of service (hereinafter - AWOL). The authors provide statistics on the number of cases and registered criminal offenses qualified under Art. 407 of the Criminal Code of Ukraine. As of the first half of 2022, the number of Art. 407 of the Criminal Code of Ukraine amounted to almost 2,000, which is 4 times more than before the full-scale invasion of the Russian Federation into the territory of Ukraine. Therefore, it was noted that despite the possibility of applying state coercion in the form of criminal punishment, military personnel still commit AWOLs massively, indicating the need to strengthen mechanisms for preventing and combating these criminal offenses. During the analysis of the norms of the Criminal Code, the following mandatory features of military criminal offenses, which are inherent in AWOL in particular, were established: the act affects a special object; the presence of a special subject: military personnel, conscripts, and reservists during training; the act constitutes a military criminal offense only when it is enshrined in Chapter XIX of the Special Part of the Criminal Code of Ukraine. It is noted that Art. 407 of the Criminal Code of Ukraine provides for simple, qualified, and especially qualified criminal compositions of AWOL. The possibility of applying administrative liability for AWOL is emphasized. Regarding the composition of the criminal offense, the generic and special object of AWOL was analyzed, it was established that the objective side is presented in two forms of action, emphasizing the presence of a special subject of AWOL, and the subjective side includes guilt in the form of intent or negligence depending on the form of action. Preconceived intent is also considered as a mandatory feature of the subjective side of AWOL.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 401","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989848","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.113
M. Kukos
The scientific article discloses the circumstances to be established during the investigation of the involvement of minors in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues. As a result of a detailed analysis of the scientific literature on criminology and the criminal process, it was established that at the current stage of development, this issue remains insufficiently researched. The positions of scientists regarding the importance of the circumstances to be established in certain methods of investigation of criminal offenses are considered. It is established that in criminal offenses committed by minors, in addition to the circumstances provided for in Art. 91 of the Criminal Procedure Code of Ukraine, it is also necessary to find out: 1) complete and comprehensive information about the person of the minor: his age (date, month, year of birth), state of health and level of development, other social and psychological features of the person, which must be taken into account when individualizing responsibility or selected educational events. If there is evidence of a minor's mental retardation not related to mental illness, it should also be determined whether he could fully understand the meaning of his actions and to what extent he could control them; 2) the minor's attitude towards the act committed by him; 3) living conditions and upbringing of a minor; 4) the presence of adult instigators and other accomplices of the criminal offense. In the course of the study, it was found that every circumstance that must be established at the beginning of the pre-trial investigation of this category of crimes in accordance with Art. 91 of the Criminal Procedure Code of Ukraine should be considered in relation to the circumstances provided for in Art. 485 of the Criminal Code of Ukraine (taking into account the age and socio-psychological characteristics of minors) in order to achieve the objectives of criminal proceedings, in particular when establishing: a) the circumstances of the fact (event) involving a minor in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotics means, psychotropic substances or their analogues; the circumstances of the minor's culpability (it is necessary to establish the exact age in order to be able to prosecute); b) circumstances characterizing the person of a minor (their living conditions, upbringing, state of health, level of development).
{"title":"Circumstances to be established during investigation of the involvement of minors in the illegal production, manufacture, purchase, storage, transportation, shipment or sale of narcotics, psychotropic substances or their analogues","authors":"M. Kukos","doi":"10.24144/2788-6018.2024.02.113","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.113","url":null,"abstract":"The scientific article discloses the circumstances to be established during the investigation of the involvement of minors in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues. As a result of a detailed analysis of the scientific literature on criminology and the criminal process, it was established that at the current stage of development, this issue remains insufficiently researched. The positions of scientists regarding the importance of the circumstances to be established in certain methods of investigation of criminal offenses are considered. It is established that in criminal offenses committed by minors, in addition to the circumstances provided for in Art. 91 of the Criminal Procedure Code of Ukraine, it is also necessary to find out: 1) complete and comprehensive information about the person of the minor: his age (date, month, year of birth), state of health and level of development, other social and psychological features of the person, which must be taken into account when individualizing responsibility or selected educational events. If there is evidence of a minor's mental retardation not related to mental illness, it should also be determined whether he could fully understand the meaning of his actions and to what extent he could control them; 2) the minor's attitude towards the act committed by him; 3) living conditions and upbringing of a minor; 4) the presence of adult instigators and other accomplices of the criminal offense. \u0000In the course of the study, it was found that every circumstance that must be established at the beginning of the pre-trial investigation of this category of crimes in accordance with Art. 91 of the Criminal Procedure Code of Ukraine should be considered in relation to the circumstances provided for in Art. 485 of the Criminal Code of Ukraine (taking into account the age and socio-psychological characteristics of minors) in order to achieve the objectives of criminal proceedings, in particular when establishing: a) the circumstances of the fact (event) involving a minor in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotics means, psychotropic substances or their analogues; the circumstances of the minor's culpability (it is necessary to establish the exact age in order to be able to prosecute); b) circumstances characterizing the person of a minor (their living conditions, upbringing, state of health, level of development).","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" May","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989929","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.83
Jа.P. Pavlovych-Seneta
The article highlights the administrative and legal mechanism of providing public services in Ukraine. In particular, the study of theoretical and legal approaches to the concept of public services and their differentiation from other types of services provided by state authorities and local governments. It is noted that the definition of "public services” is significantly influenced by the scientific discipline in the context of which this phenomenon is studied. It was established that the concept of "public services” unites the broadest understanding of various services provided by the state or local authorities to citizens and legal entities. These can be health care services, education, transportation and social services, financial services and insurance, law enforcement services and administrative services, as well as other services aimed at meeting the needs of all members of society. At the same time, attention is drawn to the fact that the provision of public services must always be oriented to the category of "public interest”, which is a variable social value that, in certain political and legal conditions, reflects the interest of the entire or dominant part of society, as determined by legislation and implemented through the activities of public administration. A direct relationship has been established with other types of services that can be obtained in the field of public administration, in particular, state, municipal, administrative, and social services. The formation of the institute of public services in Ukraine and the peculiarities of its formation are disclosed. It is noted that today there is a considerable legislative basis for the provision of public services and a whole system of bodies that provide them. At the same time, it is stated that the scientific, legal, organizational and information support of the system of providing public services, the formation of mechanisms for scientific and informational monitoring of their provision, constantly needs improvement.
{"title":"Administrative and legal mechanism of public service provision in Ukraine","authors":"Jа.P. Pavlovych-Seneta","doi":"10.24144/2788-6018.2024.02.83","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.83","url":null,"abstract":"The article highlights the administrative and legal mechanism of providing public services in Ukraine. In particular, the study of theoretical and legal approaches to the concept of public services and their differentiation from other types of services provided by state authorities and local governments. It is noted that the definition of \"public services” is significantly influenced by the scientific discipline in the context of which this phenomenon is studied. It was established that the concept of \"public services” unites the broadest understanding of various services provided by the state or local authorities to citizens and legal entities. These can be health care services, education, transportation and social services, financial services and insurance, law enforcement services and administrative services, as well as other services aimed at meeting the needs of all members of society. At the same time, attention is drawn to the fact that the provision of public services must always be oriented to the category of \"public interest”, which is a variable social value that, in certain political and legal conditions, reflects the interest of the entire or dominant part of society, as determined by legislation and implemented through the activities of public administration. \u0000A direct relationship has been established with other types of services that can be obtained in the field of public administration, in particular, state, municipal, administrative, and social services. The formation of the institute of public services in Ukraine and the peculiarities of its formation are disclosed. It is noted that today there is a considerable legislative basis for the provision of public services and a whole system of bodies that provide them. At the same time, it is stated that the scientific, legal, organizational and information support of the system of providing public services, the formation of mechanisms for scientific and informational monitoring of their provision, constantly needs improvement.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" December","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990045","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.129
T. Fedchuk
Efforts by states to regulate the development of technology become a unique problem when it comes to artificial intelligence (AI). It is impossible to predict all possible consequences of its use in the military sphere, making a choice in favor of its advantages. The world has realized the fact that the use of weapons controlled by AI requires not only legal regulation, but also control of compliance with international legal norms, revision of methods of warfare in accordance with the new reality. The definition of what constitutes an "weapon with artificial intelligence”, "artificial intelligence” itself, and their legal status - remain open to interpretation in technical, military and legal circles. The article analyzes separate issues of regulating the development, distribution and use of weapons with artificial intelligence (hereinafter - AI). It is emphasized that although AI systems are a fundamentally new way of waging war, controlling their use and imposing restrictions does not constitute a completely new task for international humanitarian law (hereinafter - IHL). It is still based on the established principles that were used to regulate existing types of weapons and should be extended to the use of anti-aircraft weapons: the principle of distinguishing targets, the principle of proportionality, the principle of using precautionary measures during an attack. At the same time, AI has a number of characteristics that make it difficult to control. As a general-purpose technology, AI has many nonmilitary and defense applications. Unlike military technology, it is developed primarily in the civilian sector. And although the widespread use of AI calls into question a complete ban on its military use, the international community should work together to regulate or ban certain types of military AI use. The optimal solution to the problem could be the adoption of a corresponding international codified act, which would define the concept, regulate the creation and application of autonomous systems of the ZHI, as well as contain mechanisms of control and responsibility for violations of these norms.
{"title":"Control of compliance with norms of international humanitarian law when using weapons controlled by artificial intelligence","authors":"T. Fedchuk","doi":"10.24144/2788-6018.2024.02.129","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.129","url":null,"abstract":"Efforts by states to regulate the development of technology become a unique problem when it comes to artificial intelligence (AI). It is impossible to predict all possible consequences of its use in the military sphere, making a choice in favor of its advantages. The world has realized the fact that the use of weapons controlled by AI requires not only legal regulation, but also control of compliance with international legal norms, revision of methods of warfare in accordance with the new reality. The definition of what constitutes an \"weapon with artificial intelligence”, \"artificial intelligence” itself, and their legal status - remain open to interpretation in technical, military and legal circles. \u0000The article analyzes separate issues of regulating the development, distribution and use of weapons with artificial intelligence (hereinafter - AI). It is emphasized that although AI systems are a fundamentally new way of waging war, controlling their use and imposing restrictions does not constitute a completely new task for international humanitarian law (hereinafter - IHL). It is still based on the established principles that were used to regulate existing types of weapons and should be extended to the use of anti-aircraft weapons: the principle of distinguishing targets, the principle of proportionality, the principle of using precautionary measures during an attack. \u0000At the same time, AI has a number of characteristics that make it difficult to control. As a general-purpose technology, AI has many nonmilitary and defense applications. Unlike military technology, it is developed primarily in the civilian sector. And although the widespread use of AI calls into question a complete ban on its military use, the international community should work together to regulate or ban certain types of military AI use. \u0000The optimal solution to the problem could be the adoption of a corresponding international codified act, which would define the concept, regulate the creation and application of autonomous systems of the ZHI, as well as contain mechanisms of control and responsibility for violations of these norms.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"9 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987948","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.128
Yu.A. Slyusarenko
A range of international acts of a regional nature, which are designed to restore a civilized, liberal state based on the principle of the rule of law, as well as those international acts that regulate social relations arising in the member states of the Council of Europe during the purge of power, have been identified. Resolution of the Parliamentary Assembly of the Council of Europe No. 1096 (1996) "On measures aimed at eliminating the legacy of former communist totalitarian regimes” was analyzed. Attention is focused on such negative phenomena, which are indicated in it and which, despite the fact that regulatory and organizational and legal mechanisms for the purification of power were created, could not be eradicated, which led to threats to the newly created democracy. Attention is drawn to the application of procedural means inherent in such a state, as well as to the balance that must be observed in their application, so that a state with a young democracy does not become no better than a totalitarian regime that must be eliminated. It is emphasized that human rights in themselves are a value and rights should be ensured even to those people who, when they were in power, did not observe them themselves. The Guiding Principles for ensuring compliance of lustration laws and similar administrative measures with the requirements of a state based on the principle of the rule of law have been analyzed. The following requirements for the national legislation on the purification of power are singled out: 1) lustration is directed at the following two threats: a threat to fundamental human rights and a threat to the democratization process; 2) prohibition of revenge, including political revenge; 3) prohibited by abuse of the results of the lustration process (including - prohibition of police abuse; prohibition of social abuse); 3) the purpose of lustration is to protect the newly created democracy; 4) creation of a special independent commission on lustration, which includes citizens respected by society; 5) lustration is applied to a subject who holds a specific position and uses this position to commit actions/inactions that pose a threat to the creation of a free democracy - uses the position to violate human rights, block democratic processes; 6) the range of positions to which lustration is applied must be limited; 7) grounds for choosing positions for lustration - civil service positions that involve significant responsibility for defining or implementing state policy and measures related to internal security or civil service positions that involve issuing an order and/or committing a violation of human rights (law enforcement agencies, service security and intelligence, judicial authorities and prosecutor's office); 8) the term of deprivation of office on the basis of lustration - no longer than five years; 9) persons who gave orders, committed or significantly contributed to the commission of serious violations of human rights may be pro
{"title":"Ensuring compliance of laws on lustration with the requirements of a state based on the principle of the rule of law: European standards","authors":"Yu.A. Slyusarenko","doi":"10.24144/2788-6018.2024.02.128","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.128","url":null,"abstract":"A range of international acts of a regional nature, which are designed to restore a civilized, liberal state based on the principle of the rule of law, as well as those international acts that regulate social relations arising in the member states of the Council of Europe during the purge of power, have been identified. Resolution of the Parliamentary Assembly of the Council of Europe No. 1096 (1996) \"On measures aimed at eliminating the legacy of former communist totalitarian regimes” was analyzed. Attention is focused on such negative phenomena, which are indicated in it and which, despite the fact that regulatory and organizational and legal mechanisms for the purification of power were created, could not be eradicated, which led to threats to the newly created democracy. Attention is drawn to the application of procedural means inherent in such a state, as well as to the balance that must be observed in their application, so that a state with a young democracy does not become no better than a totalitarian regime that must be eliminated. It is emphasized that human rights in themselves are a value and rights should be ensured even to those people who, when they were in power, did not observe them themselves. \u0000The Guiding Principles for ensuring compliance of lustration laws and similar administrative measures with the requirements of a state based on the principle of the rule of law have been analyzed. The following requirements for the national legislation on the purification of power are singled out: 1) lustration is directed at the following two threats: a threat to fundamental human rights and a threat to the democratization process; 2) prohibition of revenge, including political revenge; 3) prohibited by abuse of the results of the lustration process (including - prohibition of police abuse; prohibition of social abuse); 3) the purpose of lustration is to protect the newly created democracy; 4) creation of a special independent commission on lustration, which includes citizens respected by society; 5) lustration is applied to a subject who holds a specific position and uses this position to commit actions/inactions that pose a threat to the creation of a free democracy - uses the position to violate human rights, block democratic processes; 6) the range of positions to which lustration is applied must be limited; 7) grounds for choosing positions for lustration - civil service positions that involve significant responsibility for defining or implementing state policy and measures related to internal security or civil service positions that involve issuing an order and/or committing a violation of human rights (law enforcement agencies, service security and intelligence, judicial authorities and prosecutor's office); 8) the term of deprivation of office on the basis of lustration - no longer than five years; 9) persons who gave orders, committed or significantly contributed to the commission of serious violations of human rights may be pro","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"118 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988106","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.99
O. V. Lemak
The article is devoted to the analysis of the main aspects of the impact of globalization on the security of the national state, as well as certain threats associated, on the one hand, with the active expansion of the social and state nature of unresolved problems of individual societies beyond their natural territories, and on the other hand, with a decrease in the level of management of society at the level of the nation-state itself. The purpose of the research was to determine the essence of globalization as a phenomenon, its economic, political and social aspects, risks and challenges, as well as the peculiarities of the functioning of the institution of the welfare state in the conditions of globalization, where the problem of the principles of coexistence of states, their citizens, as well as the peculiarities of the organization and regulation of all existing relations, where it is necessary to preserve the state (national) identity and at the same time take into account or join the world experience, organize life in accordance with this experience. The article examines the problems of issues related to globalization, which is manifested in ascertaining both positive and negative trends of this process. Much attention was paid to establishing the economic, political, legal and criminological causes, social prerequisites and consequences of the influence of the inevitable processes of globalization on conflicts for the equal distribution of material goods, the economic dependence of some countries on others, the growth of poverty, national and international crime, the strengthening of social and economic tensions due to the failure of competition in the global economy, the spread of economic and financial crises, which many countries are unable to withstand. The issues and directions of international legal and organizational-institutional organization of counteraction and compensation of the impact of uncontrolled globalization on the national state in the direction of the formation of a modern social state as a legal, democratic state that ensures fundamental human rights and freedoms, dignified conditions for its existence, safety and well-being have been studied. An analysis of the relationship and interdependence of the globalization of crime with the consequences of economic, political, technological and cultural globalization was carried out, where the spread of interdependence between countries in the sphere of economic relations, credit and banking activities, political and cultural interactions, as well as the growth of cooperation in the technical and technological spheres leads a natural reproduction of criminal practices in them. It is concluded that the process of globalization of the entire world is an inevitable, objective, and to a large extent a natural process of human development, but this process is only indirectly managed and in the interests of the competitively oriented most influential world centers, primarily
{"title":"Impact of globalization on the security of the nation-state: legal and criminology aspects","authors":"O. V. Lemak","doi":"10.24144/2788-6018.2024.02.99","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.99","url":null,"abstract":"The article is devoted to the analysis of the main aspects of the impact of globalization on the security of the national state, as well as certain threats associated, on the one hand, with the active expansion of the social and state nature of unresolved problems of individual societies beyond their natural territories, and on the other hand, with a decrease in the level of management of society at the level of the nation-state itself. \u0000The purpose of the research was to determine the essence of globalization as a phenomenon, its economic, political and social aspects, risks and challenges, as well as the peculiarities of the functioning of the institution of the welfare state in the conditions of globalization, where the problem of the principles of coexistence of states, their citizens, as well as the peculiarities of the organization and regulation of all existing relations, where it is necessary to preserve the state (national) identity and at the same time take into account or join the world experience, organize life in accordance with this experience. \u0000The article examines the problems of issues related to globalization, which is manifested in ascertaining both positive and negative trends of this process. Much attention was paid to establishing the economic, political, legal and criminological causes, social prerequisites and consequences of the influence of the inevitable processes of globalization on conflicts for the equal distribution of material goods, the economic dependence of some countries on others, the growth of poverty, national and international crime, the strengthening of social and economic tensions due to the failure of competition in the global economy, the spread of economic and financial crises, which many countries are unable to withstand. \u0000The issues and directions of international legal and organizational-institutional organization of counteraction and compensation of the impact of uncontrolled globalization on the national state in the direction of the formation of a modern social state as a legal, democratic state that ensures fundamental human rights and freedoms, dignified conditions for its existence, safety and well-being have been studied. \u0000An analysis of the relationship and interdependence of the globalization of crime with the consequences of economic, political, technological and cultural globalization was carried out, where the spread of interdependence between countries in the sphere of economic relations, credit and banking activities, political and cultural interactions, as well as the growth of cooperation in the technical and technological spheres leads a natural reproduction of criminal practices in them. \u0000It is concluded that the process of globalization of the entire world is an inevitable, objective, and to a large extent a natural process of human development, but this process is only indirectly managed and in the interests of the competitively oriented most influential world centers, primarily ","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988238","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.6
I. Lukashevych
In the content of the article, the author investigated the peculiarities of the legal provision of mediation in Ukraine and the countries of the European Union. Despite the fact that today in legal science, a significant body of scientific works has been formed, which relate to certain aspects of mediation, it is worth noting that the issue of legal support for mediation in Ukraine has not been properly studied scientifically. Modern studies of the legal provision of mediation are especially relevant, given the high degree of its variability in Ukraine. On the basis of a critical analysis of the provisions of Ukrainian legislation in the field of mediation, its shortcomings and prospects for improvement were determined. The following are noted as shortcomings of the legal provision of mediation in Ukraine: a) the absence of provisions that would regulate the issues of mediation procedures, in particular before submitting an appeal to the court, during court proceedings, as well as during the execution of a court decision, etc.; b) inconsistency of its categorical and conceptual apparatus with established legislative terminology (for example, the terms "conflict” and "dispute”); c) inaccuracy of the legal provision of mediation principles; d) superficial, too general regulation of the mediation process itself; e) failure to take into account the European standard of mediation transparency, etc. The analysis of the peculiarities of the legal provision of the EU countries (France, Germany, Italy, Austria, etc.) made it possible to substantiate the prospects for improving the legal provision of mediation in Ukraine. It is summarized that the Ukrainian legislation has experienced legal transformations in the field of mediation, moving from the least effective and least reliable informal model to a specialized model by adopting the framework Law of Ukraine "On Mediation”. In our opinion, the most effective model of legal support for mediation is the specialized model chosen by Ukraine, which, among other things, should be complemented by effective mechanisms of self-regulation of this legal activity through the development and application of acts of the so-called "unofficial law” adopted by professional associations of mediators. The combination of the legal regulation of mediation in Ukraine was noted: a) the typicality of the law "On Mediation”, which established the legal foundation of mediation and regulated the most general and important issues in this area; b) self-regulating mechanisms of mediation, designed to ensure a quick response to the dynamic development of mediation and relations where it should be applied.
{"title":"Legal security of mediation in Ukraine: shortcomings and prospects for improvement through the prism of the experience of the countries of the European Union","authors":"I. Lukashevych","doi":"10.24144/2788-6018.2024.02.6","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.6","url":null,"abstract":"In the content of the article, the author investigated the peculiarities of the legal provision of mediation in Ukraine and the countries of the European Union. Despite the fact that today in legal science, a significant body of scientific works has been formed, which relate to certain aspects of mediation, it is worth noting that the issue of legal support for mediation in Ukraine has not been properly studied scientifically. Modern studies of the legal provision of mediation are especially relevant, given the high degree of its variability in Ukraine. On the basis of a critical analysis of the provisions of Ukrainian legislation in the field of mediation, its shortcomings and prospects for improvement were determined. The following are noted as shortcomings of the legal provision of mediation in Ukraine: a) the absence of provisions that would regulate the issues of mediation procedures, in particular before submitting an appeal to the court, during court proceedings, as well as during the execution of a court decision, etc.; b) inconsistency of its categorical and conceptual apparatus with established legislative terminology (for example, the terms \"conflict” and \"dispute”); c) inaccuracy of the legal provision of mediation principles; d) superficial, too general regulation of the mediation process itself; e) failure to take into account the European standard of mediation transparency, etc. The analysis of the peculiarities of the legal provision of the EU countries (France, Germany, Italy, Austria, etc.) made it possible to substantiate the prospects for improving the legal provision of mediation in Ukraine. It is summarized that the Ukrainian legislation has experienced legal transformations in the field of mediation, moving from the least effective and least reliable informal model to a specialized model by adopting the framework Law of Ukraine \"On Mediation”. In our opinion, the most effective model of legal support for mediation is the specialized model chosen by Ukraine, which, among other things, should be complemented by effective mechanisms of self-regulation of this legal activity through the development and application of acts of the so-called \"unofficial law” adopted by professional associations of mediators. The combination of the legal regulation of mediation in Ukraine was noted: a) the typicality of the law \"On Mediation”, which established the legal foundation of mediation and regulated the most general and important issues in this area; b) self-regulating mechanisms of mediation, designed to ensure a quick response to the dynamic development of mediation and relations where it should be applied.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"6 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988307","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.70
A. Harbinska-Rudenko, O.O. Pokutnii, V.R. Shymko
This article examines the content of corruption, its definition and impact on legal relations, in particular in the public procurement system. The damage of corruption in the system of budgetary legal relations and the set of measures that can be applied to minimize manifestations of corruption in the system of public procurement are indicated. It was analyzed that budgetary legal relations, as a system regulating the formation, distribution and use of budget funds, are extremely vulnerable to corruption risks. The efficiency and transparency of public procurement should ensure the stable development of the country, guarantee the wellbeing of citizens and provide opportunities for the implementation of important social and economic programs. It is argued that corruption in budgetary legal relations is not just individual cases of misconduct, but a systemic problem that has a significant negative impact on all spheres of the state's life. The system of corruption risks identified by the National Agency for the Prevention of Corruption of Ukraine in the field of public procurement and ways of solving them are analyzed. It was determined that the negative consequences of corruption in the public procurement system form such key corruption risks as overestimating the value of the price offer and obtaining illegal profits by bidders; waste of state funds; collusion between the participants and the customer for the purpose of obtaining an illegal benefit and others. The authors summarize that overcoming corruption in the field of public procurement requires complex measures, namely improving legislation, increasing the effectiveness of anticorruption bodies, ensuring their independence and applying effective accountability. It is concluded that corruption in budgetary legal relations is a systemic problem that carries significant risks for the sustainable development of Ukraine, affects the decrease of budget revenues, inefficient use of budget funds, undermines trust in the authorities and affects the financial security of the state's needs.
{"title":"Corruption risks during public procurement in the conditions of military status","authors":"A. Harbinska-Rudenko, O.O. Pokutnii, V.R. Shymko","doi":"10.24144/2788-6018.2024.02.70","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.70","url":null,"abstract":"This article examines the content of corruption, its definition and impact on legal relations, in particular in the public procurement system. The damage of corruption in the system of budgetary legal relations and the set of measures that can be applied to minimize manifestations of corruption in the system of public procurement are indicated. \u0000It was analyzed that budgetary legal relations, as a system regulating the formation, distribution and use of budget funds, are extremely vulnerable to corruption risks. The efficiency and transparency of public procurement should ensure the stable development of the country, guarantee the wellbeing of citizens and provide opportunities for the implementation of important social and economic programs. It is argued that corruption in budgetary legal relations is not just individual cases of misconduct, but a systemic problem that has a significant negative impact on all spheres of the state's life. \u0000The system of corruption risks identified by the National Agency for the Prevention of Corruption of Ukraine in the field of public procurement and ways of solving them are analyzed. \u0000It was determined that the negative consequences of corruption in the public procurement system form such key corruption risks as overestimating the value of the price offer and obtaining illegal profits by bidders; waste of state funds; collusion between the participants and the customer for the purpose of obtaining an illegal benefit and others. \u0000The authors summarize that overcoming corruption in the field of public procurement requires complex measures, namely improving legislation, increasing the effectiveness of anticorruption bodies, ensuring their independence and applying effective accountability. \u0000It is concluded that corruption in budgetary legal relations is a systemic problem that carries significant risks for the sustainable development of Ukraine, affects the decrease of budget revenues, inefficient use of budget funds, undermines trust in the authorities and affects the financial security of the state's needs.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"121 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987248","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.51
V.V. Andreev, V.O. Timashov
The article analyses the concepts of social standards and norms, the subsistence minimum as one of the basic indicators for providing various types of benefits, their objectives, scope and peculiarities of legal regulation. The formation of a system of social standards and norms and the role of the subsistence minimum in social protection of citizens are studied. A state that recognises itself as a state governed by the rule of law and social justice must ensure a living wage that covers the real basic needs of its citizens. The basic social standard should embody the idea of social justice and equalise incomes by means of its real size. Social payments from the state budget should not vary hundreds or thousands of times in material payments to different segments of the population where the subsistence minimum is used as the state standard. It is emphasised that the legislator uses a diverse approach to determining the level of low- income citizens, since it is not the same in legal acts, and the subsistence minimum is recognised as the main social standard at the state level. It is noted that the subsistence level set by the Law of Ukraine «On the State Budget for the respective year» is almost half as low as the actual cost of living of the main population groups. Most social payments do not meet the basic needs of citizens and their families, and state budget funds are distributed in violation of the principle of social justice, which leads to dissatisfaction among a significant number of citizens. The state reduction of the social standards of the population is proved. It is concluded that basic social standards and norms should be revised towards their increase to ensure a decent standard of living for citizens. It is proposed to adhere to the principle of social justice when assigning various types of payments provided at the expense of the State budget in order to reduce social tension in society. The State must comply with the constitutional provision on ensuring the standard of living of citizens for themselves and their families, as set out in Article 48 of the Basic Law.
{"title":"State social standards and norms in the system of social protection","authors":"V.V. Andreev, V.O. Timashov","doi":"10.24144/2788-6018.2024.02.51","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.51","url":null,"abstract":"The article analyses the concepts of social standards and norms, the subsistence minimum as one of the basic indicators for providing various types of benefits, their objectives, scope and peculiarities of legal regulation. The formation of a system of social standards and norms and the role of the subsistence minimum in social protection of citizens are studied. \u0000A state that recognises itself as a state governed by the rule of law and social justice must ensure a living wage that covers the real basic needs of its citizens. The basic social standard should embody the idea of social justice and equalise incomes by means of its real size. Social payments from the state budget should not vary hundreds or thousands of times in material payments to different segments of the population where the subsistence minimum is used as the state standard. It is emphasised that the legislator uses a diverse approach to determining the level of low- income citizens, since it is not the same in legal acts, and the subsistence minimum is recognised as the main social standard at the state level. \u0000It is noted that the subsistence level set by the Law of Ukraine «On the State Budget for the respective year» is almost half as low as the actual cost of living of the main population groups. Most social payments do not meet the basic needs of citizens and their families, and state budget funds are distributed in violation of the principle of social justice, which leads to dissatisfaction among a significant number of citizens. \u0000The state reduction of the social standards of the population is proved. It is concluded that basic social standards and norms should be revised towards their increase to ensure a decent standard of living for citizens. It is proposed to adhere to the principle of social justice when assigning various types of payments provided at the expense of the State budget in order to reduce social tension in society. The State must comply with the constitutional provision on ensuring the standard of living of citizens for themselves and their families, as set out in Article 48 of the Basic Law.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"112 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987655","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 : 2024-05-11DOI: 10.24144/2788-6018.2024.02.38
I. Machuska, S.B. Nedilchenko, I.V. Argatiuk, I.P. Leshchenko, V.V. Burliy
The article examines the historical and legal aspects of the development of insurance and the legal regulation of insurance relations in Italy. It is noted that the foundations of insurance relations and their legal regulation were observed in many countries of modern Europe, including Italy. It has been investigated that the first forms of insurance in Italy were observed as early as the times of the Roman Empire in the form of activities of religious societies and military colleges. It has been proven that the initial forms of insurance in the Roman Empire were built on the basis of the common interests of the participants, were non-commercial in nature and were not aimed at making a profit. It was established that from the 13th century. in Italy, there are mutual aid associations, which were created within the framework of craft guilds, which aimed to help their members in the event of certain insurance cases. It has been studied that starting from the 13th century. Italy becomes the center of marine insurance formation, centered in Genoa, Florence and Venice. The article states that the legal regulation of marine insurance was carried out in accordance with the norms specified in the Pisa Statute and other legislative acts, as well as insurance contracts that had a notarized certificate. It is noted that at the end of the 13th century. special courts were established to resolve disputes in the field of marine insurance. It has been studied that starting from the 14th century. in Italy, the formation of commercial insurance was observed, which was regulated by the Venetian Code of Marine Insurance and the Florentine Ordinance of 1523. It was analyzed that in the 15th-16th centuries. Art. in Italy, such types of insurance as dowry insurance, as well as annuities, tontines and loans, bets have become widespread. It was found that starting from the 18th century. in Italy, insurance companies are created in the form of joint-stock companies, marine insurance is provided by the Maritime Exchange Insurance Chamber, and fire insurance is developed. It is noted that since the XX century. in Italy is developing life insurance. It has been established that today Italy is one of the leading states that carries out insurance activities on the market of insurance services.
{"title":"Historical and legal foundations of the development of insurance in the Republic of Italy: theoretical and legal analysis","authors":"I. Machuska, S.B. Nedilchenko, I.V. Argatiuk, I.P. Leshchenko, V.V. Burliy","doi":"10.24144/2788-6018.2024.02.38","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.38","url":null,"abstract":"The article examines the historical and legal aspects of the development of insurance and the legal regulation of insurance relations in Italy. It is noted that the foundations of insurance relations and their legal regulation were observed in many countries of modern Europe, including Italy. \u0000It has been investigated that the first forms of insurance in Italy were observed as early as the times of the Roman Empire in the form of activities of religious societies and military colleges. It has been proven that the initial forms of insurance in the Roman Empire were built on the basis of the common interests of the participants, were non-commercial in nature and were not aimed at making a profit. \u0000It was established that from the 13th century. in Italy, there are mutual aid associations, which were created within the framework of craft guilds, which aimed to help their members in the event of certain insurance cases. It has been studied that starting from the 13th century. Italy becomes the center of marine insurance formation, centered in Genoa, Florence and Venice. The article states that the legal regulation of marine insurance was carried out in accordance with the norms specified in the Pisa Statute and other legislative acts, as well as insurance contracts that had a notarized certificate. It is noted that at the end of the 13th century. special courts were established to resolve disputes in the field of marine insurance. \u0000It has been studied that starting from the 14th century. in Italy, the formation of commercial insurance was observed, which was regulated by the Venetian Code of Marine Insurance and the Florentine Ordinance of 1523. It was analyzed that in the 15th-16th centuries. Art. in Italy, such types of insurance as dowry insurance, as well as annuities, tontines and loans, bets have become widespread. It was found that starting from the 18th century. in Italy, insurance companies are created in the form of joint-stock companies, marine insurance is provided by the Maritime Exchange Insurance Chamber, and fire insurance is developed. \u0000It is noted that since the XX century. in Italy is developing life insurance. It has been established that today Italy is one of the leading states that carries out insurance activities on the market of insurance services.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 620","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989407","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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