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: 10.24144/2788-6018.2024.02.59
N. Ilkiv
The article is devoted to the study of the state of legal regulation of the right to permanent use of a land plot in Ukraine. The author focuses on the changes in the legal regulation of land relations as a result of land privatization, which, accordingly, affected the change in the essence of the right of permanent land use. Legislative attempts to force the subjects of the right of permanent use of land plots to re-register have led to a decrease in the number of objects of such a right. At the legislative level, the subject composition of this right has been repeatedly changed. However, this right exists and is likely to continue to exist, creating certain problems for the legislator who will try to regulate these issues and law enforcement agencies. The article provides a systematic analysis of the right of permanent use of land plots, identifies the mechanisms for exercising the right of permanent use and establishes the ways of efficient use of land in permanent use by various entities. Changes in the legal regulation of the institution of the right of permanent use of land plots are expected to increase budget revenues. They will promote transparency of land relations through the conclusion of land sublease agreements, prevent corruption in the land sector, and help determine the legal fate of the right of permanent use of persons who are not included in the list of entities that may acquire the right of permanent use of land from state and municipal property in Article 92 of the Land Code. At the same time, the gaps in the legislation require further scientific research with the formulation of proposals for improving the land legislation of Ukraine.
{"title":"Certain aspects of state registration of the right to permanent use of a land plot","authors":"N. Ilkiv","doi":"10.24144/2788-6018.2024.02.59","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.59","url":null,"abstract":"The article is devoted to the study of the state of legal regulation of the right to permanent use of a land plot in Ukraine. The author focuses on the changes in the legal regulation of land relations as a result of land privatization, which, accordingly, affected the change in the essence of the right of permanent land use. Legislative attempts to force the subjects of the right of permanent use of land plots to re-register have led to a decrease in the number of objects of such a right. At the legislative level, the subject composition of this right has been repeatedly changed. However, this right exists and is likely to continue to exist, creating certain problems for the legislator who will try to regulate these issues and law enforcement agencies. \u0000The article provides a systematic analysis of the right of permanent use of land plots, identifies the mechanisms for exercising the right of permanent use and establishes the ways of efficient use of land in permanent use by various entities. \u0000Changes in the legal regulation of the institution of the right of permanent use of land plots are expected to increase budget revenues. They will promote transparency of land relations through the conclusion of land sublease agreements, prevent corruption in the land sector, and help determine the legal fate of the right of permanent use of persons who are not included in the list of entities that may acquire the right of permanent use of land from state and municipal property in Article 92 of the Land Code. At the same time, the gaps in the legislation require further scientific research with the formulation of proposals for improving the land legislation of Ukraine.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 474","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989807","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: 10.24144/2788-6018.2024.02.104
T.M. Suprun-Kovalchuk
To fight corruption in the defense sector, it is important to prioritize anti-corruption measures and implement comprehensive strategies. This includes creating a strong legal framework and regulatory mechanisms, ensuring transparency and developing areas of international cooperation. International cooperation in the field of defense is a platform for collective action, exchange of knowledge and mutual support in the fight against corruption. This contributes to strengthening the integrity of defense institutions, the transparency of procurement processes and the creation of a global environment where corruption is less likely to flourish. The success of anti-corruption measures significantly depends on the ability to respond to current manifestations of corruption, to develop effective countermeasures and to forecast promising changes and transformational processes in corruption. Therefore, it is important to assess the potential «development» of corruption in the selected sector in the conditions of post-war reconstruction. Today, the question of increasing criminal liability for corruption offenses during wartime is relevant, because the statistical data of the website of the General Prosecutor's Office of Ukraine, which have been reviewed, show that, provided that the corruption offense itself is detected, such persons are not brought to justice in 99 % of cases. The explanation for this situation is the absence of an effective mechanism for investigating such criminal offenses, including the absence of a criminal law norm of responsibility for corruption during wartime. It is concluded that corruption in the defense sector undermines public trust and weakens democratic governance. When defense officials engage in corrupt practices, it undermines the principles of accountability, transparency, and integrity. This fosters a culture of impunity and erodes the rule of law, ultimately undermining citizens' trust in state institutions and their ability to protect national interests.
{"title":"Criminal and legal characteristics of corruption in wartime: defense research","authors":"T.M. Suprun-Kovalchuk","doi":"10.24144/2788-6018.2024.02.104","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.104","url":null,"abstract":"To fight corruption in the defense sector, it is important to prioritize anti-corruption measures and implement comprehensive strategies. This includes creating a strong legal framework and regulatory mechanisms, ensuring transparency and developing areas of international cooperation. International cooperation in the field of defense is a platform for collective action, exchange of knowledge and mutual support in the fight against corruption. This contributes to strengthening the integrity of defense institutions, the transparency of procurement processes and the creation of a global environment where corruption is less likely to flourish. The success of anti-corruption measures significantly depends on the ability to respond to current manifestations of corruption, to develop effective countermeasures and to forecast promising changes and transformational processes in corruption. Therefore, it is important to assess the potential «development» of corruption in the selected sector in the conditions of post-war reconstruction. \u0000Today, the question of increasing criminal liability for corruption offenses during wartime is relevant, because the statistical data of the website of the General Prosecutor's Office of Ukraine, which have been reviewed, show that, provided that the corruption offense itself is detected, such persons are not brought to justice in 99 % of cases. The explanation for this situation is the absence of an effective mechanism for investigating such criminal offenses, including the absence of a criminal law norm of responsibility for corruption during wartime. \u0000It is concluded that corruption in the defense sector undermines public trust and weakens democratic governance. When defense officials engage in corrupt practices, it undermines the principles of accountability, transparency, and integrity. This fosters a culture of impunity and erodes the rule of law, ultimately undermining citizens' trust in state institutions and their ability to protect national interests.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"1 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988524","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: 10.24144/2788-6018.2024.02.34
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: 10.24144/2788-6018.2024.02.33
S. Buletsa
A registered trademark can offer legal safeguard for a designer's name, brand name, emblem, logo, color or combination of colors, pattern, and so on. Ukrainian designers frequently establish trademarks by registering their names, sometimes accompanied by a graphic picture. Not just the brand name and designer's name, but also other aspects can be registered as a trademark. Regrettably, securing legal protection for a certain color or color combination is a challenging task. It requires providing evidence that a particular color is strongly linked to a specific fashion brand, such as the turquoise shade of a Tiffany box or the crimson hue of a Christian Louboutin sole. Registering a trademark is an effective method for preventing the importation and production of counterfeit goods. Nevertheless, it is impractical to safeguard the complete collection from plagiarism due to the insufficient time available for registering a trademark for a newly updated collection every month (ZARA, HM, OVS). Representatives of the Ukrainian fashion industry prioritize safeguarding their brands over safeguarding intellectual property rights for the models they produce. On one side, this scenario is justifiable, as Ukrainian designers hardly infringe upon the law, unlike worldwide companies. It is recommended to register an industrial design when a designer makes a distinctive model, technology, or print. The future of trademark protection lies in artificial intelligence. The verdict delivered on 8 February 2023 in the MetaBirkin case carries favorable consequences for the fashion industry and trademark proprietors at large. However, it is crucial to acknowledge that in this specific instance, the unauthorized utilization of the trademark was unequivocally acknowledged. Hermes has effectively shown its deliberate plan to enter the intangible assets market prior to the disputed circumstances. Therefore, trademark owners who encounter challenges in presenting proof of premeditated intention to participate in the non-traditional technology market should implement all essential procedures and regulations to safeguard their brand rights in the metanetwork and other domains. Expanding trademark registration to encompass the sale of NFTs and digital goods in general is of utmost importance. Given that the fashion industry and its protection are developing at a rapid pace, the following problems arise in Ukraine in this area related to the protection of intellectual property rights in Ukraine: illegal use, theft or counterfeiting of works, patents, trademarks and other objects intellectual property; length of court cases combined with distrust of mediation; piracy and smuggling. Therefore, certain elements used in each collection, such as the trademark or designer print on the fabric, are legally protected.
{"title":"Trademark protection in the sphere of fashion and with the help of artificial intelligence","authors":"S. Buletsa","doi":"10.24144/2788-6018.2024.02.33","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.33","url":null,"abstract":"A registered trademark can offer legal safeguard for a designer's name, brand name, emblem, logo, color or combination of colors, pattern, and so on. Ukrainian designers frequently establish trademarks by registering their names, sometimes accompanied by a graphic picture. Not just the brand name and designer's name, but also other aspects can be registered as a trademark. Regrettably, securing legal protection for a certain color or color combination is a challenging task. It requires providing evidence that a particular color is strongly linked to a specific fashion brand, such as the turquoise shade of a Tiffany box or the crimson hue of a Christian Louboutin sole. Registering a trademark is an effective method for preventing the importation and production of counterfeit goods. Nevertheless, it is impractical to safeguard the complete collection from plagiarism due to the insufficient time available for registering a trademark for a newly updated collection every month (ZARA, HM, OVS). \u0000Representatives of the Ukrainian fashion industry prioritize safeguarding their brands over safeguarding intellectual property rights for the models they produce. On one side, this scenario is justifiable, as Ukrainian designers hardly infringe upon the law, unlike worldwide companies. It is recommended to register an industrial design when a designer makes a distinctive model, technology, or print. The future of trademark protection lies in artificial intelligence. The verdict delivered on 8 February 2023 in the MetaBirkin case carries favorable consequences for the fashion industry and trademark proprietors at large. However, it is crucial to acknowledge that in this specific instance, the unauthorized utilization of the trademark was unequivocally acknowledged. \u0000Hermes has effectively shown its deliberate plan to enter the intangible assets market prior to the disputed circumstances. Therefore, trademark owners who encounter challenges in presenting proof of premeditated intention to participate in the non-traditional technology market should implement all essential procedures and regulations to safeguard their brand rights in the metanetwork and other domains. Expanding trademark registration to encompass the sale of NFTs and digital goods in general is of utmost importance. \u0000Given that the fashion industry and its protection are developing at a rapid pace, the following problems arise in Ukraine in this area related to the protection of intellectual property rights in Ukraine: illegal use, theft or counterfeiting of works, patents, trademarks and other objects intellectual property; length of court cases combined with distrust of mediation; piracy and smuggling. Therefore, certain elements used in each collection, such as the trademark or designer print on the fabric, are legally protected.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" April","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989881","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: 10.24144/2788-6018.2024.02.132
A. Romanova
The article is devoted to the philosophical and legal problems of the natural and legal dimension of human rights in the globalized space, which consists in preserving and embodying the valuable aspects of national legal systems in the international legal space. It is emphasized that based on the international experience of implementing the norms of natural law into national legislation, it is worth forming a conceptual vision and understanding of the principle of people-centeredness and humanization of law, because the natural-law "basis" is inherent in any legal phenomenon. Humanism, anthropocentrism, respect for law, the priority of ensuring and realizing human rights should become the basis of a globalized legal space. It is noted that globalization processes in law should be directed to the implementation of universal value principles and ideals in national legal systems on the basis of their common recognition. National mentality and cultural traditions play an important role in this process, although, of course, no civilized state will deny the value of human life, freedom and human dignity. It is emphasized that the vector of the development of globalization processes in law must be directed to the actualization of value aspects capable of uniting humanity, especially in crisis periods of the development of society. During Russia's war against Ukraine, the importance of natural and legal norms in ensuring the vital activity of society is manifested. During martial law, human rights can legally be limited, but natural rights are transnational and are ensured on the basis of the principle of humanity, mutual aid and mercy. Attention is focused on the fact that the state must monitor the observance of human rights through the activities of authorized bodies, as well as through informing citizens about their rights and freedoms and the importance of their provision not only by the state, but also the need for every citizen to respect the rights of another person as a guarantee of tolerant coexistence and functioning of a legal, democratic society.
{"title":"Human rights in the globalized space: natural and legal dimension","authors":"A. Romanova","doi":"10.24144/2788-6018.2024.02.132","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.132","url":null,"abstract":"The article is devoted to the philosophical and legal problems of the natural and legal dimension of human rights in the globalized space, which consists in preserving and embodying the valuable aspects of national legal systems in the international legal space. \u0000It is emphasized that based on the international experience of implementing the norms of natural law into national legislation, it is worth forming a conceptual vision and understanding of the principle of people-centeredness and humanization of law, because the natural-law \"basis\" is inherent in any legal phenomenon. Humanism, anthropocentrism, respect for law, the priority of ensuring and realizing human rights should become the basis of a globalized legal space. \u0000It is noted that globalization processes in law should be directed to the implementation of universal value principles and ideals in national legal systems on the basis of their common recognition. National mentality and cultural traditions play an important role in this process, although, of course, no civilized state will deny the value of human life, freedom and human dignity. \u0000It is emphasized that the vector of the development of globalization processes in law must be directed to the actualization of value aspects capable of uniting humanity, especially in crisis periods of the development of society. During Russia's war against Ukraine, the importance of natural and legal norms in ensuring the vital activity of society is manifested. During martial law, human rights can legally be limited, but natural rights are transnational and are ensured on the basis of the principle of humanity, mutual aid and mercy. \u0000Attention is focused on the fact that the state must monitor the observance of human rights through the activities of authorized bodies, as well as through informing citizens about their rights and freedoms and the importance of their provision not only by the state, but also the need for every citizen to respect the rights of another person as a guarantee of tolerant coexistence and functioning of a legal, democratic society.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"4 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988334","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.
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Pub Date : 2024-05-11DOI: 10.24144/2788-6018.2024.02.13
A. Sachko
In the article, the author focuses on the relevance of the conceptual and categorical analysis of any phenomena and processes of legal reality, especially the phenomenon of the concept, which is today the basis of improving the functioning of jurisprudence. It was noted that due to constant changes in the socio-economic situation, technological progress, as well as foreign policy factors, it is important to adapt the legislation to new realities. Understanding and studying various concepts of the development of legislation, as well as their impact on legal practice, allows you to effectively analyze and improve the country's legal system. This approach helps to ensure legal stability, protection of citizens' rights, and increased confidence in the legal system in general. First of all, in cognitive terms, it is important to conduct an analysis of the studied phenomenon of the concept through the prism of its conceptual-categorical dimension, which will allow to generalize its properties and improve the definition. The indicated vector of scientific knowledge will first of all strengthen the methodological basis for further research of concepts as a law-making phenomenon, define clear boundaries of the subject of scientific knowledge, establish cognitive regularities of concepts, putting them in the basis of a corresponding unified doctrinal understanding of them. In the content of the work, an analysis of the concept as a special law-making phenomenon, determination of approaches to its understanding that have developed in legal science, clarification of the features of the concept of the project of a normative-legal act, and improvement of the definition of the concept as a component of the conceptual and categorical apparatus of legal science are carried out. It was concluded that in the process of preparing a draft of a comprehensive normative legal act, one cannot do without a preliminary conclusion of its concept. In addition, the concept of writing a normative legal act can be brought up for discussion. In this way, it is proved that the concept of a normative legal act is an important stage and component of the normative design process, because the development of the correct concept allows to further formulate the provisions of the text of the normative act more clearly.
{"title":"Сoncept of the draft normative-legal act аs a law-making phenomenon","authors":"A. Sachko","doi":"10.24144/2788-6018.2024.02.13","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.13","url":null,"abstract":"In the article, the author focuses on the relevance of the conceptual and categorical analysis of any phenomena and processes of legal reality, especially the phenomenon of the concept, which is today the basis of improving the functioning of jurisprudence. It was noted that due to constant changes in the socio-economic situation, technological progress, as well as foreign policy factors, it is important to adapt the legislation to new realities. Understanding and studying various concepts of the development of legislation, as well as their impact on legal practice, allows you to effectively analyze and improve the country's legal system. This approach helps to ensure legal stability, protection of citizens' rights, and increased confidence in the legal system in general. First of all, in cognitive terms, it is important to conduct an analysis of the studied phenomenon of the concept through the prism of its conceptual-categorical dimension, which will allow to generalize its properties and improve the definition. The indicated vector of scientific knowledge will first of all strengthen the methodological basis for further research of concepts as a law-making phenomenon, define clear boundaries of the subject of scientific knowledge, establish cognitive regularities of concepts, putting them in the basis of a corresponding unified doctrinal understanding of them. In the content of the work, an analysis of the concept as a special law-making phenomenon, determination of approaches to its understanding that have developed in legal science, clarification of the features of the concept of the project of a normative-legal act, and improvement of the definition of the concept as a component of the conceptual and categorical apparatus of legal science are carried out. It was concluded that in the process of preparing a draft of a comprehensive normative legal act, one cannot do without a preliminary conclusion of its concept. In addition, the concept of writing a normative legal act can be brought up for discussion. In this way, it is proved that the concept of a normative legal act is an important stage and component of the normative design process, because the development of the correct concept allows to further formulate the provisions of the text of the normative act more clearly.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"111 29","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987766","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: 10.24144/2788-6018.2024.02.97
N. Kolomiets, A.V. Brovko
The article emphasizes that the topic of military criminal offenses is extremely relevant in the context of violations of legality and discipline in the military sphere. Taking into account the change in the geopolitical environment, the increase in threats to national security, the spread of armed conflicts and hostilities, these problems become especially important. It is noted that the legislation establishing liability for military offenses has many problems in this area, because the conflict between criminal and administrative liability of military personnel remains unresolved, there is no clear definition of the subject and object of military criminal offenses. The relevance of the study is emphasized by the fact that after the fullscale invasion of Russia in the Ukraine, there is a tendency to spread criminal offenses against the established order of military service (military criminal offenses). According to statistics, during the first half of 2022, their number increased from 1.6 thousand in 2021 to 6017 thousand, which means an increase of 370%. However, the number of criminal proceedings sent to court with an indictment increased by only 22%. These statistics show the prevalence of such criminal offenses as: Art. 407 ("Unauthorized abandonment of a military unit or place of service”), Art. 408 ("Desertion”) and Art. 402 ("Disobedience”) of the Criminal Code of Ukraine. During 2022, a total of 4350 were recorded, compared to 71 in 2021. 664 criminal proceedings were sent to court [1]. This indicates that legislative regulation in the context of the military aggression of the Russian Federation, which poses a threat to the existence of Ukraine as an independent democratic state, should be aimed at overcoming shortcomings in regulations establishing legal responsibility for war offenses. Within the framework of the study, the signs of military criminal offenses and their types by the object of encroachment were established, the subjective and objective signs of the criminal composition of this group of offenses were analyzed, in particular, attention was focused on the peculiarities of the composition of individual military criminal offenses.
{"title":"Criminal-legal characteristics of military criminal offenses","authors":"N. Kolomiets, A.V. Brovko","doi":"10.24144/2788-6018.2024.02.97","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.97","url":null,"abstract":"The article emphasizes that the topic of military criminal offenses is extremely relevant in the context of violations of legality and discipline in the military sphere. Taking into account the change in the geopolitical environment, the increase in threats to national security, the spread of armed conflicts and hostilities, these problems become especially important. It is noted that the legislation establishing liability for military offenses has many problems in this area, because the conflict between criminal and administrative liability of military personnel remains unresolved, there is no clear definition of the subject and object of military criminal offenses. The relevance of the study is emphasized by the fact that after the fullscale invasion of Russia in the Ukraine, there is a tendency to spread criminal offenses against the established order of military service (military criminal offenses). According to statistics, during the first half of 2022, their number increased from 1.6 thousand in 2021 to 6017 thousand, which means an increase of 370%. However, the number of criminal proceedings sent to court with an indictment increased by only 22%. These statistics show the prevalence of such criminal offenses as: Art. 407 (\"Unauthorized abandonment of a military unit or place of service”), Art. 408 (\"Desertion”) and Art. 402 (\"Disobedience”) of the Criminal Code of Ukraine. During 2022, a total of 4350 were recorded, compared to 71 in 2021. 664 criminal proceedings were sent to court [1]. This indicates that legislative regulation in the context of the military aggression of the Russian Federation, which poses a threat to the existence of Ukraine as an independent democratic state, should be aimed at overcoming shortcomings in regulations establishing legal responsibility for war offenses. Within the framework of the study, the signs of military criminal offenses and their types by the object of encroachment were established, the subjective and objective signs of the criminal composition of this group of offenses were analyzed, in particular, attention was focused on the peculiarities of the composition of individual military criminal offenses.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"3 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988172","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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