Pub Date : 2024-05-11DOI: 10.24144/2788-6018.2024.02.123
M. Gudyma
A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.
{"title":"Independence of judges as a constitutional principle and deontological basis of the judicial profession","authors":"M. Gudyma","doi":"10.24144/2788-6018.2024.02.123","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.123","url":null,"abstract":"A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. \u0000Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. \u0000Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. \u0000After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"101 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987215","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: 10.24144/2788-6018.2024.02.71
A. Hachkevych
Implementation of Singapore's Smart Nation program led to the emergence of a number of initiatives on the introduction of artificial intelligence technologies in different areas. One such initiative was the adoption of National AI Strategy. Executive authorities have shaped the policy and rules for the formation and use of artificial intelligence for the period from 2018 to the present day against the legislative background. Its high efficiency has been confirming by the creation of favorable conditions in Singapore for both technological advancements and ensuring the public safety. This article presents the author's vision of the Singapore administrative principles in the field of AI, at the base of which lies the concept of balance between promoting technological and business innovations on the one hand, on the other hand is the protection of citizens' interests. Innovative tools for the support of the introduction of artificial intelligence in the forms of soft law acts adopted by Infocomm Media Development Authority, Personal Data Protection Committee, Monetary Authority of Singapore and Ministry of Health are highlighted. Those include general and specific. Special attention is given to Model AI Governance Framework, which have been praised by the international expert community. The author examines the institutional infrastructure of the public administration in the field of artificial intelligence that goes beyond the Ministry of Communications and Information. He provides examples of the projects fulfilled for the national AI strategies implementation (AI Verify, Veritas, 100E). This article determines features of organizational and legal support for the introduction of artificial intelligence in Singapore that distinguish it from other world leaders. The author makes an attempt to conceptualize the set of rules for the formation and use of artificial intelligence technologies. It reflects the trends of Singapore's AI policy. The author concludes that certain types of AI technologies, for example, generative AI and continuous-learning, have become separate objects of "soft-law" regulation. Two approaches to the scope of the AI-related recommendations are distinguished - for the field of AI in general covering all the areas and for developed areas of AI application (healthcare and finance).
{"title":"Organizational and Legal Support for the Introduction of Artificial Intelligence in Singapore","authors":"A. Hachkevych","doi":"10.24144/2788-6018.2024.02.71","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.71","url":null,"abstract":"Implementation of Singapore's Smart Nation program led to the emergence of a number of initiatives on the introduction of artificial intelligence technologies in different areas. One such initiative was the adoption of National AI Strategy. Executive authorities have shaped the policy and rules for the formation and use of artificial intelligence for the period from 2018 to the present day against the legislative background. Its high efficiency has been confirming by the creation of favorable conditions in Singapore for both technological advancements and ensuring the public safety. This article presents the author's vision of the Singapore administrative principles in the field of AI, at the base of which lies the concept of balance between promoting technological and business innovations on the one hand, on the other hand is the protection of citizens' interests. Innovative tools for the support of the introduction of artificial intelligence in the forms of soft law acts adopted by Infocomm Media Development Authority, Personal Data Protection Committee, Monetary Authority of Singapore and Ministry of Health are highlighted. Those include general and specific. Special attention is given to Model AI Governance Framework, which have been praised by the international expert community. The author examines the institutional infrastructure of the public administration in the field of artificial intelligence that goes beyond the Ministry of Communications and Information. He provides examples of the projects fulfilled for the national AI strategies implementation (AI Verify, Veritas, 100E). This article determines features of organizational and legal support for the introduction of artificial intelligence in Singapore that distinguish it from other world leaders. The author makes an attempt to conceptualize the set of rules for the formation and use of artificial intelligence technologies. It reflects the trends of Singapore's AI policy. The author concludes that certain types of AI technologies, for example, generative AI and continuous-learning, have become separate objects of \"soft-law\" regulation. Two approaches to the scope of the AI-related recommendations are distinguished - for the field of AI in general covering all the areas and for developed areas of AI application (healthcare and finance).","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"111 41","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987754","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: 10.24144/2788-6018.2024.02.7
A. Melnyk
The article examines the peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia during the interwar period. The ideas and specifics of the views of Ukrainian thinkers who formed and developed Ukrainian nationalist thought are considered. It is shown that the struggle of Ukrainian nationalists was aimed at realizing the natural right of the Ukrainian people to self-determination. It is emphasized that it was extremely difficult for Ukrainians to achieve this in practice, because the process of annexation of Western Ukrainian lands was accompanied by a violation of fundamental international obligations of Poland and its current legislation, which were a prerequisite for the consent of the victorious states to temporary (1919) and permanent, with the rights of autonomy (1923) inclusion of Western Ukrainian lands into the Second Polish-Lithuanian Commonwealth. It is emphasized that in the 20s, the occupation government began mass polonization in Galicia, which consisted in the artificial colonization of Ukrainian ethnic lands by the Polish population, significant restrictions on Ukrainians in obtaining school education in their native language, persecution of organized public life, etc. The apogee was the so-called pacification, a punitive action to "pacify” Ukrainians, which was carried out from September 16 to November 30, 1930. It was established that repression and mass terror caused acute forms of confrontation in society, which should be considered as an adequate response of Ukrainian nationalists to the efforts of the authorities to oppress the Ukrainian population with violent methods. It is argued that a new stage in the development of Ukrainian political and legal thought of a nationalist direction is largely connected with the figure of Dmytro Dontsov, who formed the basic principles of education of the national elite, defense of national interests and development of national ideology. It has been proven that in the interwar period, nationalist ideas in Galicia penetrated into the popular masses, mastered them and thus significantly changed the character of the Ukrainian people.
{"title":"Peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia in the interwar period (1919-1939) of the 20th century","authors":"A. Melnyk","doi":"10.24144/2788-6018.2024.02.7","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.7","url":null,"abstract":"The article examines the peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia during the interwar period. The ideas and specifics of the views of Ukrainian thinkers who formed and developed Ukrainian nationalist thought are considered. It is shown that the struggle of Ukrainian nationalists was aimed at realizing the natural right of the Ukrainian people to self-determination. It is emphasized that it was extremely difficult for Ukrainians to achieve this in practice, because the process of annexation of Western Ukrainian lands was accompanied by a violation of fundamental international obligations of Poland and its current legislation, which were a prerequisite for the consent of the victorious states to temporary (1919) and permanent, with the rights of autonomy (1923) inclusion of Western Ukrainian lands into the Second Polish-Lithuanian Commonwealth. \u0000It is emphasized that in the 20s, the occupation government began mass polonization in Galicia, which consisted in the artificial colonization of Ukrainian ethnic lands by the Polish population, significant restrictions on Ukrainians in obtaining school education in their native language, persecution of organized public life, etc. The apogee was the so-called pacification, a punitive action to \"pacify” Ukrainians, which was carried out from September 16 to November 30, 1930. It was established that repression and mass terror caused acute forms of confrontation in society, which should be considered as an adequate response of Ukrainian nationalists to the efforts of the authorities to oppress the Ukrainian population with violent methods. \u0000It is argued that a new stage in the development of Ukrainian political and legal thought of a nationalist direction is largely connected with the figure of Dmytro Dontsov, who formed the basic principles of education of the national elite, defense of national interests and development of national ideology. It has been proven that in the interwar period, nationalist ideas in Galicia penetrated into the popular masses, mastered them and thus significantly changed the character of the Ukrainian people.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"124 47","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987528","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: 10.24144/2788-6018.2024.02.72
Y. Demianchuk, A.O. Voitsitskyi, O.Y. Heliver, V.V. Marchuk, N.V. Savchynska
Currently, Ukraine reflects aspects for various areas of the social environment. Due to this, in its history, it is certainly appropriate to find different directions of models for fighting corruption. Addressing the historical period in Ukraine and the former USSR, it is expedient to highlight several such main aspects. This model of the fight against corruption is aimed at control by the nationality of the state over the behavior of individuals and response to deviations from the norms that they influence. This model was more appropriate in the era of „Stalinism". In order to overcome the fight against corruption, during the study of the educational normative discipline „International public law and protection of human rights", the rights of the individual are violated, since totalitarianism is directed incompatible with their emergence. After all, such expediency of referral has positive features: it is aimed at the study of the educational normative discipline „International public law and protection of human rights", the close interaction between the level of authority of a person and the degree of referral. To be brought to administrative responsibility and bear - increases for persons who are closer to the top of power during the study of the educational normative discipline „International public law and protection of human rights" - the closer to the top, the greater the risk. In other words, the direction of the principle of implementation of responsibility: „top-down", which is an appropriate means of implementing any social justice. The study of the educational normative discipline „International public law and protection of human rights" also involves an authoritarian model of fighting corruption - the realization of individual responsibility, according to the directions of the „leading personality". For a long time, such persons were represented by party elites. This model was the basis during the times of Khrushchev and Brezhnev. It is appropriate to mention two more features during the study of the educational normative discipline „Public international law and protection of human rights", inherent in the model: firstly, the entry of an individual to the appropriate level of authority involves a legal aspect, secondly, funds in this model assume a secondary role or have no substance. The study of the educational normative discipline „Public international law and protection of human rights" provides a model of fighting corruption, motivates the desire to force into power structures for reasons of personal safety and impunity; therefore, it contains the doctrinal aspects of public power and its directed corruption of the individual as a whole. The educational normative discipline „International public law and protection of human rights" in the conditions of the liberal model of combating corruption provides for complete impunity and opportunity. Such directions are foreseen in periods of revolutionary aspects, when the newly cr
{"title":"Selected aspects of combating corruption during the study of the educational normative discipline \"International public law and protection of human rights\"","authors":"Y. Demianchuk, A.O. Voitsitskyi, O.Y. Heliver, V.V. Marchuk, N.V. Savchynska","doi":"10.24144/2788-6018.2024.02.72","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.72","url":null,"abstract":"Currently, Ukraine reflects aspects for various areas of the social environment. Due to this, in its history, it is certainly appropriate to find different directions of models for fighting corruption. Addressing the historical period in Ukraine and the former USSR, it is expedient to highlight several such main aspects. \u0000This model of the fight against corruption is aimed at control by the nationality of the state over the behavior of individuals and response to deviations from the norms that they influence. This model was more appropriate in the era of „Stalinism\". \u0000In order to overcome the fight against corruption, during the study of the educational normative discipline „International public law and protection of human rights\", the rights of the individual are violated, since totalitarianism is directed incompatible with their emergence. \u0000After all, such expediency of referral has positive features: it is aimed at the study of the educational normative discipline „International public law and protection of human rights\", the close interaction between the level of authority of a person and the degree of referral. To be brought to administrative responsibility and bear - increases for persons who are closer to the top of power during the study of the educational normative discipline „International public law and protection of human rights\" - the closer to the top, the greater the risk. In other words, the direction of the principle of implementation of responsibility: „top-down\", which is an appropriate means of implementing any social justice. \u0000The study of the educational normative discipline „International public law and protection of human rights\" also involves an authoritarian model of fighting corruption - the realization of individual responsibility, according to the directions of the „leading personality\". For a long time, such persons were represented by party elites. This model was the basis during the times of Khrushchev and Brezhnev. \u0000It is appropriate to mention two more features during the study of the educational normative discipline „Public international law and protection of human rights\", inherent in the model: firstly, the entry of an individual to the appropriate level of authority involves a legal aspect, secondly, funds in this model assume a secondary role or have no substance. \u0000The study of the educational normative discipline „Public international law and protection of human rights\" provides a model of fighting corruption, motivates the desire to force into power structures for reasons of personal safety and impunity; therefore, it contains the doctrinal aspects of public power and its directed corruption of the individual as a whole. \u0000The educational normative discipline „International public law and protection of human rights\" in the conditions of the liberal model of combating corruption provides for complete impunity and opportunity. Such directions are foreseen in periods of revolutionary aspects, when the newly cr","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"1 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988522","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: 10.24144/2788-6018.2024.02.48
V. Vashkovych, V. Manzyuk, V. Zaborovskyy, Y.Y. Bysaga
This article is devoted to the disclosure of the meaning of informed consent in legal relations arising from the application of three-dimensional printed bioproducts, primarily through the prism of contract law. Within the framework of this article, the legal nature of 3D bioprinting and its role in the transformation and improvement of the modern health care system and the provision of medical care and medical services were investigated. The content and conditions that must be included in the informed consent are disclosed, in particular, information about information about: the device (will include information about the manufacturer and technical characteristics of the device); bioinks (in particular, the source of origin of the material, the pathological condition of the recipient, the biocompatibility of the material; further use of the material (when the identity of the patient and the donor match); the results of similar experimental studies; the implantation process; all possible conflicts of interest; as well as the condition of "minimum risks”, which will include expected results and side effects. Attention is focused on the fact that due to the benefits that additive technologies can bring to human life and health, issues of ethics and legislative regulation of this area must be resolved before the introduction of these technologies in the field of medicine. The role of contract law in the regulation of relations related to the use of three-dimensional printed bioproducts is analyzed, which will be important for determining the right of ownership and subjects of responsibility for damage that can be caused to a person. The latter can be regulated by a contract between the manufacturer and the medical institution, the software manufacturer and the owner of the 3D printer, etc., if they are performed by different entities under a separate contract. In order to achieve the goal, the work used methods characteristic of legal science. Among them are the dialectical method of learning the legal reality, the methods of analysis and synthesis, the system-structural method, the formal-logical method, which was used in the analysis of theoretical-legal developments and scientific research related to the most significant achievements in the field of three-dimensional printed bioproduction.
{"title":"Informed consent in the economic law field of additive manufacturing","authors":"V. Vashkovych, V. Manzyuk, V. Zaborovskyy, Y.Y. Bysaga","doi":"10.24144/2788-6018.2024.02.48","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.48","url":null,"abstract":"This article is devoted to the disclosure of the meaning of informed consent in legal relations arising from the application of three-dimensional printed bioproducts, primarily through the prism of contract law. \u0000Within the framework of this article, the legal nature of 3D bioprinting and its role in the transformation and improvement of the modern health care system and the provision of medical care and medical services were investigated. The content and conditions that must be included in the informed consent are disclosed, in particular, information about information about: the device (will include information about the manufacturer and technical characteristics of the device); bioinks (in particular, the source of origin of the material, the pathological condition of the recipient, the biocompatibility of the material; further use of the material (when the identity of the patient and the donor match); the results of similar experimental studies; the implantation process; all possible conflicts of interest; as well as the condition of \"minimum risks”, which will include expected results and side effects. \u0000Attention is focused on the fact that due to the benefits that additive technologies can bring to human life and health, issues of ethics and legislative regulation of this area must be resolved before the introduction of these technologies in the field of medicine. \u0000The role of contract law in the regulation of relations related to the use of three-dimensional printed bioproducts is analyzed, which will be important for determining the right of ownership and subjects of responsibility for damage that can be caused to a person. The latter can be regulated by a contract between the manufacturer and the medical institution, the software manufacturer and the owner of the 3D printer, etc., if they are performed by different entities under a separate contract. \u0000In order to achieve the goal, the work used methods characteristic of legal science. Among them are the dialectical method of learning the legal reality, the methods of analysis and synthesis, the system-structural method, the formal-logical method, which was used in the analysis of theoretical-legal developments and scientific research related to the most significant achievements in the field of three-dimensional printed bioproduction.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" July","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990030","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: 10.24144/2788-6018.2024.02.10
V. Osaulenko
In the content of the article, the author revealed the relevance of scientific knowledge of judicial practice issues as a result of the implementation of law-making by the state through the relevant authorized subjects. It was noted that the participation of the state in law-making in the modern conditions of legal development in Ukraine is the subject of many discussions and discussions on the part of representatives of legal doctrine. However, the most controversial and ambiguous result of scientific research remains the question of the law-making role of judicial practice, the subject of which is generated exclusively by the subjects of the judicial system. The participation of the state in the formation and approval of the results of judicial practice is absolute and without alternatives, such powers cannot be delegated and cannot be waived. And therefore, this indicates the exclusive monopoly of the state on the formation of judicial practice, granting it a law-making status, ensuring its renewal and monitoring its implementation. In connection with this, in the cognitive plan, the question of the peculiarities of judicial practice as a law-making phenomenon, in the context of balancing the participation of the state and civil society in the mechanism of modern law-making, is relevant. Based on the analysis of scientists' views on the issue of state participation in the generation of judicial practice, it was concluded that judicial practice is defined by its multifaceted nature and can be defined as: 1) a means of identifying deficiencies in legal regulation; 2) a law-making means of overcoming gaps in the legislation; 3) a means of generalizing the law-making influence on social relations; 4) a means of creating law-making proposals to improve the provisions of the current legislation; 5) a means of interpreting legal norms, which is carried out by realizing and clarifying the lawmaking intention, which is embedded in the content of the provisions of the legislation, and explaining it to the subjects of the law; 6) a means of law-making control, which provides, during the consideration of a court case, a check of the current legal norms for their compliance with the norms established by the Constitution, norms of international law or norms established by lawmaking acts of higher legal force, as well as for compliance with the rules of temporal and spatial effect of legal norms; 7) a means of law-making initiative, according to which judicial practice is considered as a special means of developing lawmaking proposals and initiating their consideration by competent bodies.
{"title":"Judicial practice as a result of state law-making","authors":"V. Osaulenko","doi":"10.24144/2788-6018.2024.02.10","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.10","url":null,"abstract":"In the content of the article, the author revealed the relevance of scientific knowledge of judicial practice issues as a result of the implementation of law-making by the state through the relevant authorized subjects. It was noted that the participation of the state in law-making in the modern conditions of legal development in Ukraine is the subject of many discussions and discussions on the part of representatives of legal doctrine. However, the most controversial and ambiguous result of scientific research remains the question of the law-making role of judicial practice, the subject of which is generated exclusively by the subjects of the judicial system. The participation of the state in the formation and approval of the results of judicial practice is absolute and without alternatives, such powers cannot be delegated and cannot be waived. And therefore, this indicates the exclusive monopoly of the state on the formation of judicial practice, granting it a law-making status, ensuring its renewal and monitoring its implementation. In connection with this, in the cognitive plan, the question of the peculiarities of judicial practice as a law-making phenomenon, in the context of balancing the participation of the state and civil society in the mechanism of modern law-making, is relevant. Based on the analysis of scientists' views on the issue of state participation in the generation of judicial practice, it was concluded that judicial practice is defined by its multifaceted nature and can be defined as: 1) a means of identifying deficiencies in legal regulation; 2) a law-making means of overcoming gaps in the legislation; 3) a means of generalizing the law-making influence on social relations; 4) a means of creating law-making proposals to improve the provisions of the current legislation; 5) a means of interpreting legal norms, which is carried out by realizing and clarifying the lawmaking intention, which is embedded in the content of the provisions of the legislation, and explaining it to the subjects of the law; 6) a means of law-making control, which provides, during the consideration of a court case, a check of the current legal norms for their compliance with the norms established by the Constitution, norms of international law or norms established by lawmaking acts of higher legal force, as well as for compliance with the rules of temporal and spatial effect of legal norms; 7) a means of law-making initiative, according to which judicial practice is considered as a special means of developing lawmaking proposals and initiating their consideration by competent bodies.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 386","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990002","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: 10.24144/2788-6018.2024.02.34
I. Zhukevych
The article is devoted to the issue of the use of artificial intelligence in the mechanism of judicial control over the execution of decisions in the civil judiciary of Ukraine. The development of modern society is characterized by the active use of the latest technologies in all spheres of life. The justice system does not remain aloof from global trends. The widespread use of AI technologies has led to discussions about implementation and use in court procedures in Ukraine. The issue of integration of artificial intelligence into the judicial system of Ukraine in the conditions of martial law is becoming especially urgent. In particular, in the field of judicial control over the execution of decisions in the civil justice system of Ukraine. Artificial intelligence is a good tool to help judges. It can easily find and process information faster than human intelligence. Artificial intelligence cannot replace judges in the mechanism of judicial control over the execution of decisions in the civil justice system of Ukraine. After all, from the point of view of algorithms, legislation and law enforcement can be imperfect. However, if properly applied, it can significantly optimize the work of the judge and the court through involvement. Subject to compliance with European standards, the use of artificial intelligence in the mechanism of judicial control over the execution of decisions in the civil judiciary of Ukraine will be a significant step forward on the way to improving the institution of judicial control over the implementation of decisions in the civil justice of Ukraine. Artificial intelligence must be controlled by the user, because from the point of view of fairness, the generated decisions may violate fundamental human rights. A judge who hears a case regarding the appeal of the actions or inactions of public or private executors in terms of enforcement of widow's judgments issued by courts in civil cases should always be able to review the decisions made by artificial intelligence and the data used for this purpose.
{"title":"The use of artificial intelligence in the mechanism of judicial control over the execution of decisions in the civil justice system of Ukraine","authors":"I. Zhukevych","doi":"10.24144/2788-6018.2024.02.34","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.34","url":null,"abstract":"The article is devoted to the issue of the use of artificial intelligence in the mechanism of judicial control over the execution of decisions in the civil judiciary of Ukraine. The development of modern society is characterized by the active use of the latest technologies in all spheres of life. The justice system does not remain aloof from global trends. The widespread use of AI technologies has led to discussions about implementation and use in court procedures in Ukraine. The issue of integration of artificial intelligence into the judicial system of Ukraine in the conditions of martial law is becoming especially urgent. In particular, in the field of judicial control over the execution of decisions in the civil justice system of Ukraine. Artificial intelligence is a good tool to help judges. It can easily find and process information faster than human intelligence. Artificial intelligence cannot replace judges in the mechanism of judicial control over the execution of decisions in the civil justice system of Ukraine. After all, from the point of view of algorithms, legislation and law enforcement can be imperfect. However, if properly applied, it can significantly optimize the work of the judge and the court through involvement. Subject to compliance with European standards, the use of artificial intelligence in the mechanism of judicial control over the execution of decisions in the civil judiciary of Ukraine will be a significant step forward on the way to improving the institution of judicial control over the implementation of decisions in the civil justice of Ukraine. Artificial intelligence must be controlled by the user, because from the point of view of fairness, the generated decisions may violate fundamental human rights. A judge who hears a case regarding the appeal of the actions or inactions of public or private executors in terms of enforcement of widow's judgments issued by courts in civil cases should always be able to review the decisions made by artificial intelligence and the data used for this purpose.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"6 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988484","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: 10.24144/2788-6018.2024.02.84
V.M. Pyshchida
In the article, based on the analysis of normative legal acts and scientific works, the analysis of the features of public property as a legal category and object of administrative-legal relations was carried out, the types of public property were distinguished and the author's approaches were proposed regarding the classification features of its division into types. It has been established that the separation of public property according to its intended purpose into: 1) public property, which should include: a) railway, automobile, water, air routes, is of significant importance for the definition of public property as an object of administrative and legal relations with the exception of those that are in private ownership in accordance with the norms of current legislation, for example, Article 25 of the Law of Ukraine «On Motorways»; b) boulevards, streets, alleys, roads, squares, squares, embankments, parks, entrances, driveways , parks whose legal status is defined in Art. 83 of the Civil Code of Ukraine and classified them as lands owned by territorial communities and not subject to transfer into private ownership; c) houses and premises of public purpose, the list of which is defined in the State Building Regulations of Ukraine, which are grouped into the following groups: houses, buildings and premises of preschool educational institutions, houses, buildings and premises of educational institutions, health care and recreation facilities, physical education and health and sports facilities, cultural and performing arts facilities, establishments of trade, food and household service enterprises, institutions of social protection of the population, scientific and research institutions, transport premises intended for direct service of the population, institutions of communal economy (except production, storage and transport buildings and structures); 2) property that ensures the functioning of public administration bodies: furniture, office equipment, motor vehicles, means of communication, special equipment, firearms and ammunition, information databases, archival documents, etc.; 3) public funds: funds of world and European institutions, involved in the use in Ukraine for the needs of the development of the public sphere, funds of the State budget, funds of local budgets, revenues, costs and expenditures of the budget, funds from the provision of additional administrative services provided by entities authoritative powers.
{"title":"Separate issues of determining the characteristics and types of public property as an object of administrative and legal relations","authors":"V.M. Pyshchida","doi":"10.24144/2788-6018.2024.02.84","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.84","url":null,"abstract":"In the article, based on the analysis of normative legal acts and scientific works, the analysis of the features of public property as a legal category and object of administrative-legal relations was carried out, the types of public property were distinguished and the author's approaches were proposed regarding the classification features of its division into types. \u0000It has been established that the separation of public property according to its intended purpose into: 1) public property, which should include: a) railway, automobile, water, air routes, is of significant importance for the definition of public property as an object of administrative and legal relations with the exception of those that are in private ownership in accordance with the norms of current legislation, for example, Article 25 of the Law of Ukraine «On Motorways»; b) boulevards, streets, alleys, roads, squares, squares, embankments, parks, entrances, driveways , parks whose legal status is defined in Art. 83 of the Civil Code of Ukraine and classified them as lands owned by territorial communities and not subject to transfer into private ownership; c) houses and premises of public purpose, the list of which is defined in the State Building Regulations of Ukraine, which are grouped into the following groups: houses, buildings and premises of preschool educational institutions, houses, buildings and premises of educational institutions, health care and recreation facilities, physical education and health and sports facilities, cultural and performing arts facilities, establishments of trade, food and household service enterprises, institutions of social protection of the population, scientific and research institutions, transport premises intended for direct service of the population, institutions of communal economy (except production, storage and transport buildings and structures); 2) property that ensures the functioning of public administration bodies: furniture, office equipment, motor vehicles, means of communication, special equipment, firearms and ammunition, information databases, archival documents, etc.; 3) public funds: funds of world and European institutions, involved in the use in Ukraine for the needs of the development of the public sphere, funds of the State budget, funds of local budgets, revenues, costs and expenditures of the budget, funds from the provision of additional administrative services provided by entities authoritative powers.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 822","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989114","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: 10.24144/2788-6018.2024.02.41
O. Oksaniuk
In the scientific article, the author conducted a scientific study of the comparative legal and applied features of the implementation of the right of brides, spouses and ex-spouses to choose a surname. Based on the conducted research, the author came to the conclusion that the right to choose a surname can be understood in three meanings - as the right of brides, spouses (as "the right to change the surname”) and former spouses. Persons who have the right to choose a surname are: spouses, i.e. a woman and a man who have submitted an application to the state registration body of civil status acts, but have not yet married; a spouse, i.e. a woman and a man who are together in a registered marriage (however, provided that they changed their last name upon marriage); former spouse, that is, a woman and a man who were in a registered marriage that has already been dissolved (similarly, provided that the surname of the former spouse was changed at the time of marriage). The family legislation of Ukraine provides, first of all, a non-judicial procedure for the exercise of the right to choose a surname - it is implemented through the acceptance of a corresponding application for state registration of marriage or an application of a spouse or exspouse to change the surname; judicial procedure is envisaged only in cases of exercising the right of former spouses in the context of resolving a dispute about the dissolution of their marriage. Given the ambiguity of judicial practice in the scientific literature, it is suggested that a person who changed his surname in connection with the registration of a marriage, after the dissolution of the marriage, continue to be called by this surname or to restore his maiden surname, if the corresponding request was made during the filing of the lawsuit for dissolution of marriage. The right to choose a surname according to the legislation of EU countries can be exercised both during the state registration of marriage and during marriage or its dissolution. At the same time, German legislation also determines the procedure for using the married surname for widowed spouses. Hungarian legislation separately defines the procedure for exercising the right to choose a surname by a woman and separately by a man, and also allows the prohibition of the use of a married surname by former spouses, if he was sentenced to imprisonment for an intentional crime, provided that the other former spouse objects to this.
{"title":"Features of implementation of the wife's right to choose a surname: comparative and applied aspects","authors":"O. Oksaniuk","doi":"10.24144/2788-6018.2024.02.41","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.41","url":null,"abstract":"In the scientific article, the author conducted a scientific study of the comparative legal and applied features of the implementation of the right of brides, spouses and ex-spouses to choose a surname. Based on the conducted research, the author came to the conclusion that the right to choose a surname can be understood in three meanings - as the right of brides, spouses (as \"the right to change the surname”) and former spouses. Persons who have the right to choose a surname are: spouses, i.e. a woman and a man who have submitted an application to the state registration body of civil status acts, but have not yet married; a spouse, i.e. a woman and a man who are together in a registered marriage (however, provided that they changed their last name upon marriage); former spouse, that is, a woman and a man who were in a registered marriage that has already been dissolved (similarly, provided that the surname of the former spouse was changed at the time of marriage). The family legislation of Ukraine provides, first of all, a non-judicial procedure for the exercise of the right to choose a surname - it is implemented through the acceptance of a corresponding application for state registration of marriage or an application of a spouse or exspouse to change the surname; judicial procedure is envisaged only in cases of exercising the right of former spouses in the context of resolving a dispute about the dissolution of their marriage. Given the ambiguity of judicial practice in the scientific literature, it is suggested that a person who changed his surname in connection with the registration of a marriage, after the dissolution of the marriage, continue to be called by this surname or to restore his maiden surname, if the corresponding request was made during the filing of the lawsuit for dissolution of marriage. The right to choose a surname according to the legislation of EU countries can be exercised both during the state registration of marriage and during marriage or its dissolution. At the same time, German legislation also determines the procedure for using the married surname for widowed spouses. Hungarian legislation separately defines the procedure for exercising the right to choose a surname by a woman and separately by a man, and also allows the prohibition of the use of a married surname by former spouses, if he was sentenced to imprisonment for an intentional crime, provided that the other former spouse objects to this.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"121 28","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987581","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: 10.24144/2788-6018.2024.02.49
A. Mulyk
In today's conditions of globalization and increased competition in the financial sector, the introduction of a compliance system in the bank is becoming an extremely urgent task. As banking institutions are leading participants in the financial system, their stability is important for the economy of the state. The activities of banking institutions are aimed at preventing financial crimes, such as money laundering and terrorist financing, through compliance, which consists in checking customers, monitoring financial transactions and identifying suspicious transactions, preventing crises and financial failures. With the growing requirements of regulatory authorities, as well as taking into account potential financial risks and threats from unscrupulous customers or criminal groups, banks need to improve their risk management system and ensure compliance of all operations with legislation and standards. This creates the need to develop and implement an effective compliance system that ensures compliance with all legal and ethical norms in the bank's financial activities. In this context, the study and analysis of the process of implementation of the compliance system becomes an important task that requires careful research and determination of the optimal course of action to achieve successful results in ensuring internal control and compliance in the bank. The compliance system, or internal control, is defined as a set of procedures, policies, and standards that are aimed at ensuring the fulfillment of all internal and legal requirements in the bank, as well as at identifying, evaluating, and managing various risks associated with the bank's activities. In this scientific study, we will consider the process of implementing a compliance system in a bank in the context of regulatory requirements and international standards, as well as investigate the practical aspects of its implementation, including the structure of the compliance team, monitoring and reporting tools, as well as the impact of the compliance system on the bank's business strategy and reputation. Our study will emphasize the importance of properly organizing the process of implementing the compliance system to ensure customer trust and maintain the bank's stability in the modern financial environment.
{"title":"The procedure for implementing the compliance system in the bank","authors":"A. Mulyk","doi":"10.24144/2788-6018.2024.02.49","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.49","url":null,"abstract":"In today's conditions of globalization and increased competition in the financial sector, the introduction of a compliance system in the bank is becoming an extremely urgent task. \u0000As banking institutions are leading participants in the financial system, their stability is important for the economy of the state. The activities of banking institutions are aimed at preventing financial crimes, such as money laundering and terrorist financing, through compliance, which consists in checking customers, monitoring financial transactions and identifying suspicious transactions, preventing crises and financial failures. \u0000With the growing requirements of regulatory authorities, as well as taking into account potential financial risks and threats from unscrupulous customers or criminal groups, banks need to improve their risk management system and ensure compliance of all operations with legislation and standards. This creates the need to develop and implement an effective compliance system that ensures compliance with all legal and ethical norms in the bank's financial activities. In this context, the study and analysis of the process of implementation of the compliance system becomes an important task that requires careful research and determination of the optimal course of action to achieve successful results in ensuring internal control and compliance in the bank. \u0000The compliance system, or internal control, is defined as a set of procedures, policies, and standards that are aimed at ensuring the fulfillment of all internal and legal requirements in the bank, as well as at identifying, evaluating, and managing various risks associated with the bank's activities. \u0000In this scientific study, we will consider the process of implementing a compliance system in a bank in the context of regulatory requirements and international standards, as well as investigate the practical aspects of its implementation, including the structure of the compliance team, monitoring and reporting tools, as well as the impact of the compliance system on the bank's business strategy and reputation. Our study will emphasize the importance of properly organizing the process of implementing the compliance system to ensure customer trust and maintain the bank's stability in the modern financial environment.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"1 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988126","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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