Pub Date : 2024-05-11DOI: 10.24144/2788-6018.2024.02.94
T.V. Burdina
Incentive measures may be applied to juvenile convicts for conscientious behavior and attitude to work and education, active participation in the work of amateur organizations and educational activities (paragraph 1, part 1, article 144 of the Criminal Executive Code of Ukraine). However, the legislator does not define the content of most of the grounds for the application of incentive measures established by him, therefore the article clarifies the essence and peculiarities of each of them. The author analyzed the difference between such reasons and the reasons for applying incentive measures to adult convicts, defined in paragraph 1, part 1, article 130 CECU. The article establishes the meaning of the evaluative nature of the grounds for applying incentive measures. The author revealed the meaning of the terms "conscientious" and "active". The author considered the interpretation of the essence of the analyzed grounds in the Methodological recommendations of the State Department of Ukraine for Execution of Punishments regarding the organization of work related to the application of parole to persons deprived of their liberty by 2005, in the Methodological recommendations of the SDUEP for drawing up a characteristic of convicts by 2008 and in the Methodological recommendations for assessing the degree of correction of convicts by 1979. The article reveals various views of scientists regarding the understanding of the content and scope of the researched grounds for the use of incentive measures. Therefore, the author clarified the criteria for determining the presence of signs of conscientiousness in the convict's behavior and characterized the essence of the conscientious behavior of the convict, his conscientious attitude to work and education; and features of active participation of convicts both in the work of amateur organizations and in educational activities were revealed. The article states the need to more clearly formalize the content and scope of the grounds for applying incentive measures to juvenile convicts at the legislative level. The author proposed to legally distinguish 5 types of the following grounds: 1) conscientious behavior; 2) conscientious attitude to work; 3) conscientious attitude to education; 4) active participation in the work of amateur organizations; 5) active participation in educational activities.
{"title":"Peculiarities and debatable aspects of the grounds for applying incentive measures to juvenile prisoners","authors":"T.V. Burdina","doi":"10.24144/2788-6018.2024.02.94","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.94","url":null,"abstract":"Incentive measures may be applied to juvenile convicts for conscientious behavior and attitude to work and education, active participation in the work of amateur organizations and educational activities (paragraph 1, part 1, article 144 of the Criminal Executive Code of Ukraine). However, the legislator does not define the content of most of the grounds for the application of incentive measures established by him, therefore the article clarifies the essence and peculiarities of each of them. \u0000The author analyzed the difference between such reasons and the reasons for applying incentive measures to adult convicts, defined in paragraph 1, part 1, article 130 CECU. \u0000The article establishes the meaning of the evaluative nature of the grounds for applying incentive measures. The author revealed the meaning of the terms \"conscientious\" and \"active\". \u0000The author considered the interpretation of the essence of the analyzed grounds in the Methodological recommendations of the State Department of Ukraine for Execution of Punishments regarding the organization of work related to the application of parole to persons deprived of their liberty by 2005, in the Methodological recommendations of the SDUEP for drawing up a characteristic of convicts by 2008 and in the Methodological recommendations for assessing the degree of correction of convicts by 1979. \u0000The article reveals various views of scientists regarding the understanding of the content and scope of the researched grounds for the use of incentive measures. Therefore, the author clarified the criteria for determining the presence of signs of conscientiousness in the convict's behavior and characterized the essence of the conscientious behavior of the convict, his conscientious attitude to work and education; and features of active participation of convicts both in the work of amateur organizations and in educational activities were revealed. \u0000The article states the need to more clearly formalize the content and scope of the grounds for applying incentive measures to juvenile convicts at the legislative level. The author proposed to legally distinguish 5 types of the following grounds: 1) conscientious behavior; 2) conscientious attitude to work; 3) conscientious attitude to education; 4) active participation in the work of amateur organizations; 5) active participation in educational activities.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 842","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989504","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: 10.24144/2788-6018.2024.02.98
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: 10.24144/2788-6018.2024.02.110
V. Hryhoruk
The scientific article explores the essence of the defense function at the beginning of the pretrial investigation concerning a member of the Parliament of Ukraine. The relevance of the chosen topic is justified by the pivotal role that Ukrainian MPs play in the country's political and legislative life, with their defense function at the initial stage of investigation being crucial for safeguarding the constitutional rights of government representatives and maintaining citizens' trust in the institution of elected officials. The paper defines the defense function in criminal proceedings, highlighting its peculiarities and differences from other functions of criminal procedure. The author also delves into the legal basis for implementing the defense function at the outset of the pre-trial investigation concerning a member of the Ukrainian Parliament, particularly emphasizing the intricacies of initiating such an investigation during a state of war. It is underscored that errors made by authorized individuals at the initial stage of the pre-trial investigation may lead to unjustified arrest, prosecution of innocent individuals, or impunity for perpetrators, hence the importance of providing a Member of Parliament with legal defense at the initial stage of the pre-trial investigation, justified by their unique status in the state. Additionally, the paper draws attention to the fact that involving a defense attorney in criminal proceedings at the initial stage of the investigation serves the interests of both the suspect and the investigating party, as it allows the suspect to receive qualified legal assistance, fully exercise their rights, formulate mitigating circumstances more substantively, and justify their defense strategy. Based on the research findings, the author concludes that the defense function at the beginning of the pre-trial investigation concerning a member of the Ukrainian Parliament manifests in two forms: 1) the independent protection of rights, freedoms, and legitimate interests by the Member of Parliament, and 2) the protection of the rights, freedoms, and legitimate interests of the Member of Parliament by a defense attorney in criminal proceedings.
{"title":"The essence of the defense function at the beginning of the pre-trial investigation in ralation of the People’s Deputy of Ukraine","authors":"V. Hryhoruk","doi":"10.24144/2788-6018.2024.02.110","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.110","url":null,"abstract":"The scientific article explores the essence of the defense function at the beginning of the pretrial investigation concerning a member of the Parliament of Ukraine. The relevance of the chosen topic is justified by the pivotal role that Ukrainian MPs play in the country's political and legislative life, with their defense function at the initial stage of investigation being crucial for safeguarding the constitutional rights of government representatives and maintaining citizens' trust in the institution of elected officials. \u0000The paper defines the defense function in criminal proceedings, highlighting its peculiarities and differences from other functions of criminal procedure. The author also delves into the legal basis for implementing the defense function at the outset of the pre-trial investigation concerning a member of the Ukrainian Parliament, particularly emphasizing the intricacies of initiating such an investigation during a state of war. It is underscored that errors made by authorized individuals at the initial stage of the pre-trial investigation may lead to unjustified arrest, prosecution of innocent individuals, or impunity for perpetrators, hence the importance of providing a Member of Parliament with legal defense at the initial stage of the pre-trial investigation, justified by their unique status in the state. Additionally, the paper draws attention to the fact that involving a defense attorney in criminal proceedings at the initial stage of the investigation serves the interests of both the suspect and the investigating party, as it allows the suspect to receive qualified legal assistance, fully exercise their rights, formulate mitigating circumstances more substantively, and justify their defense strategy. \u0000Based on the research findings, the author concludes that the defense function at the beginning of the pre-trial investigation concerning a member of the Ukrainian Parliament manifests in two forms: 1) the independent protection of rights, freedoms, and legitimate interests by the Member of Parliament, and 2) the protection of the rights, freedoms, and legitimate interests of the Member of Parliament by a defense attorney in criminal proceedings.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"125 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987514","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: 10.24144/2788-6018.2024.02.99
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: 10.24144/2788-6018.2024.02.76
Ye.S. Zelenskyi
The scientific article is devoted to determining the role of the National Police in ensuring the rights of the child during the legal regime of martial law in Ukraine. The work analyzes and summarizes the existing practice of ensuring children's rights by units of the National Police. The key role of the state in ensuring the rights of the child during martial law is noted. It was emphasized that it is the bodies of juvenile prevention in the conditions of the armed conflict in Ukraine that ensure the basic rights of children and ensure that illegal actions are committed against them, in situations that are mostly atypical in peacetime, and also make efforts to prevent the increase in the number of children in Ukraine, available to deviant behavior. The author singles out the areas of activity of the National Police in ensuring the safety of children in the conditions of martial law: organizing the evacuation of children from occupied, front-line and other territories of Ukraine; forced evacuation of children from territories that are zones of active hostilities; assistance in arranging living conditions for families with children; organization of humanitarian assistance to families with children; preventive work with internally displaced persons whose families have children; providing assistance to children who suffered as a result of the armed conflict, bringing the guilty parties to justice; providing assistance to children who lost their families as a result of the armed conflict; search for missing children; carrying out proceedings on administrative offenses in cases of bullying on the basis of internal displacement of children; application of measures to combat domestic violence against children in families affected by the armed conflict; participation in the implementation of measures for the return of illegally deported children by the Russian Federation from the territory of Ukraine; educational, educational and patriotic work with children. A conclusion was made about the importance of the activities of the National Police units in ensuring the rights of the child during the legal regime of martial law in Ukraine. The interaction of the police with social services and public organizations for the effective protection of children's rights is emphasized.
{"title":"The role of the National Police in ensuring the rights of the child during the legal regime of martial law in Ukraine","authors":"Ye.S. Zelenskyi","doi":"10.24144/2788-6018.2024.02.76","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.76","url":null,"abstract":"The scientific article is devoted to determining the role of the National Police in ensuring the rights of the child during the legal regime of martial law in Ukraine. \u0000The work analyzes and summarizes the existing practice of ensuring children's rights by units of the National Police. The key role of the state in ensuring the rights of the child during martial law is noted. It was emphasized that it is the bodies of juvenile prevention in the conditions of the armed conflict in Ukraine that ensure the basic rights of children and ensure that illegal actions are committed against them, in situations that are mostly atypical in peacetime, and also make efforts to prevent the increase in the number of children in Ukraine, available to deviant behavior. \u0000The author singles out the areas of activity of the National Police in ensuring the safety of children in the conditions of martial law: organizing the evacuation of children from occupied, front-line and other territories of Ukraine; forced evacuation of children from territories that are zones of active hostilities; assistance in arranging living conditions for families with children; organization of humanitarian assistance to families with children; preventive work with internally displaced persons whose families have children; providing assistance to children who suffered as a result of the armed conflict, bringing the guilty parties to justice; providing assistance to children who lost their families as a result of the armed conflict; search for missing children; carrying out proceedings on administrative offenses in cases of bullying on the basis of internal displacement of children; application of measures to combat domestic violence against children in families affected by the armed conflict; participation in the implementation of measures for the return of illegally deported children by the Russian Federation from the territory of Ukraine; educational, educational and patriotic work with children. \u0000A conclusion was made about the importance of the activities of the National Police units in ensuring the rights of the child during the legal regime of martial law in Ukraine. The interaction of the police with social services and public organizations for the effective protection of children's rights is emphasized.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"114 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988034","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}
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: 10.24144/2788-6018.2024.02.70
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}
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