Analytical and Comparative Jurisprudence最新文献

{"title":"Conceptual approaches to the development and establishment of the bankruptcy institute in Ukraine","authors":"T. Kobzeva, K. Zaika","doi":"10.24144/2788-6018.2024.02.79","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.79","url":null,"abstract":"The article is devoted to a comprehensive assessment of the formation and development of the bankruptcy institute in Ukraine, including the formation of institutions that implement the state bankruptcy policy, the shortcomings and advantages of the functioning of each of them, the main functions of the Ministry of Justice of Ukraine in the implementation of the state bankruptcy policy are defined. \u0000The periodization of the formation and development of the administrative and legal regulation of the bankruptcy institute in Ukraine is proposed. In the course of the study, questions related to the main factors, which, in our opinion, had the greatest impact on the development of the bankruptcy institute in Ukraine and on its modernization and transformation were highlighted. \u0000In our opinion, the factors influencing the development of the bankruptcy institute in Ukraine are the creation of state institutions, implementation and change of normative legal acts in the bankruptcy procedure. \u0000In our opinion, the administrative-legal mechanism for regulating relations that arise in the bankruptcy procedure is a dynamic process and is in constant development and is able to adapt to the changes that occur in the bankruptcy procedure. \u0000The leading place in the regulation of the bankruptcy procedure is assigned to the Ministry of Justice of Ukraine. It is appropriate to note that the Ministry of Justice of Ukraine, in the implementation of the state policy on bankruptcy, is endowed with control and supervision, regulatory and informational and analytical functions. \u0000In our opinion, it is necessary to determine the spheres of relations in which the functions of the Ministry of Justice of Ukraine are implemented. \u0000At the very end, it is worth summarizing that effective administrative and legal regulation is possible only if the ratio of the goal of legal regulation and the actual result of legal regulation is achieved. \u0000One of the effective ways to achieve the ratio of the goal of legal regulation and the actual result of legal regulation is to establish cooperation between the structural divisions of the inter-territorial offices of the Ministry of Justice of Ukraine and the Department for Bankruptcy Procedures, by creating round tables with representatives of inter-regional offices (persons who are specifically engaged in auditing the activities of arbitration administrators) , in order to discuss controversial issues that arise in the process of conducting inspections (other control measures), in order to eliminate gaps in the legislation, identified in real situations, when the arbitration managers exercise the relevant powers; with subsequent official publication of clarifications and recommendations, in the form of information sheets, by the Department.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 873","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989164","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}

{"title":"Artificial intelligence in the field of work: problems and prospects of legal regulation","authors":"R.Ya. Butynska","doi":"10.24144/2788-6018.2024.02.52","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.52","url":null,"abstract":"The article examines the impact of digital transformation on the development of legal regulation of labor relations. The author analyzes current novelties of legal regulation of labor relations through the prism of the development of digital technologies. The opinions of leading scientists in the field of labor and other fields of law are given regarding the impact of digitalization on the development of labor relations, and law enforcement practice is analyzed. The potential areas of application of artificial intelligence are considered, as well as the possibilities of automating many production processes with the help of artificial intelligence, which is expected to lead to an increase in product quality and production speed. These issues become especially relevant in the period of growing needs of the state's import substitution policy. The article analyzes the experience of the use of artificial intelligence by European countries, therefore a comparative analysis of the current legislation on the use of artificial intelligence in Ukraine and foreign countries is carried out. Several possible levels of involvement of AI in the field of work are distinguished: work facilitation; labor automation; employee empowerment; full replacement of the employee. At the same time, recruiters note the effectiveness of individual use of ChatGPT in their work, in particular: creation of attractive job descriptions; market research: competitors, salaries, demand, etc.; preparation of interview questions; communication with candidates: correspondence, working with objections, sensitive feedback; search for candidates: advice on resources, creation of Boolean queries (search for web pages using special operators), selection of keywords; resume analysis: keyword recognition to assess the candidate's skills; presentation of the candidate to the hiring manager. The reasons for the «fear of acceptance» of artificial intelligence by modern society are highlighted. The importance of further theoretical studies of this issue, which will contribute to the effective protection and protection of the rights and freedoms of citizens, is emphasized. It was concluded that before the widespread introduction of artificial intelligence, it is worth conducting a study at the state level on unemployment and the socio-economic consequences of the use of artificial intelligence in the field of work, thereby reducing millions of jobs across the country. Will the implementation of AI cost a stable social situation in the country? Labor relations are not only inextricably linked with the individual, but also with the employee's ability to provide for his family members. In the case of replacing workers with robots controlled by artificial intelligence, unemployment can reach huge proportions, due to which crime in the country will inevitably increase, as a person will be in the stage of finding satisfaction of his natural needs for food and shelter. Therefore, it is important that the ","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 504","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989668","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}

{"title":"Integration of the gender approach to the corruption prevention system","authors":"K.O. Pereima, V.S. Romaniukha","doi":"10.24144/2788-6018.2024.02.102","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.102","url":null,"abstract":"It is an indisputable fact that corruption is one of the most global problems, which makes impossible and slows down the effective development of society and threatens its stability and security. The consequences of corruption are not limited to the economic sphere, they extend to all spheres of social relations. Also, as you know, corruption is not a local phenomenon, today it is a global problem that undermines the principles of the rule of law, justice, and, in addition, negatively affects the economy of all countries. The broad regulatory framework of international legal acts on the fight against corruption confirms the desire of the world community to overcome this problem and achieve a global anti-corruption system. \u0000The article carries out a criminological analysis of corruption in the world based on a gender approach and identifies the probable reasons and conditions for differences in the attitude of men and women to corruption. The authors studied the specifics of the effects of corruption on men and women from the perspective of a gender approach. Many scholars emphasize that corruption has different effects on individuals belonging to different genders, and this can be observed in all spheres of activity. \u0000Within this issue, there are different points of view as to whether there are any differences in the attitude of men and women towards corruption, or vice versa - their attitude is the same. In particular, during the search for the truth in this dilemma, the authors conducted an authors' research, during which 160 respondents were interviewed about their attitude to corruption, whether they believe that gender inequality increases it, who is more harmed, and cited cases that should clarify, whether gender and corruption are really interconnected. In addition, the authors investigated social relations that are built at different levels of human life, where corruption risks can arise, which in a certain way affect either men or women more, that is, as a result, a certain gender group becomes victims of the gender­based consequences of corruption. \u0000The article also proposes and characterizes the mechanism of introducing a gender approach to the anti-corruption system and outlines ways to improve this system in Ukraine. In general, consideration of the system of prevention of corruption from the perspective of a gender approach is the key to improving the effectiveness of the fight against corruption, because it will allow the use of additional tools and means to this mechanism that will minimize corruption risks in those areas where discriminatory effects on the basis of gender are possible.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990267","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}

{"title":"The Legal Nature of the Institute for Recognition Assets Unfounded and Recover them into State Revenue","authors":"O.A. Kovalchuk","doi":"10.24144/2788-6018.2024.02.36","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.36","url":null,"abstract":"The article examines the problem of determining the legal nature of the institution of recognition of unfounded assets and their collection into state income. Attention is drawn to the fact that the main reason for the introduction of the specified procedural institution into the legal system of our country is the development and creation of an effective system for preventing corruption and related offenses by persons authorized to perform the functions of the state or local self-government. At the same time, the studied procedural category can be conditionally attributed to the component of the national mechanism of fighting corruption. \u0000The author reveals the chronology of the establishment of the institution of civil confiscation of illegal assets, examining the content of the disposition of articles 233-2332 of the Civil Code of Ukraine, which were in effect in the period from March 4, 2015 to December 15, 2017, and articles 290-292 of the Civil Code of Ukraine, which were in force on 15.12.2017 year to 28.11.2019. In this part, attention is drawn to the fact that both of the indicated procedural models of civil confiscation provided for the possibility of recognizing assets as unfounded and their collection in favor of the state only in the presence of a court verdict that entered into legal force. At the same time, the reasons for the imperfection of the institution introduced by the legislator are analyzed, including the vagueness of the formulated procedural norms, their conflicting nature, the dependence of the civil lawsuit on the results of the criminal case, which in practice is carried out for an unreasonably long time. \u0000The author concluded that the institution of recognition of assets as unfounded and their collection into state revenue cannot be considered a mechanism of civil or criminal sanction, as well as a certain type of property punishment, since it does not contain its characteristic features. Instead, the investigated procedural category is an administrative and legal means of ensuring compliance by special subjects with the requirements of the legislation on the prevention of corruption, which is simultaneously endowed with signs of civil liability.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1276","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988895","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}

{"title":"Features of forensic supporting for evidence collection during conductive undercover investigative (detective) actions","authors":"O. Dulskyi","doi":"10.24144/2788-6018.2024.02.111","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.111","url":null,"abstract":"The scientific article is devoted to the specifics of forensic evidence collection during undercover investigative (detective) actions. It reveals the following general concepts: forensic support, covert investigative (detective) actions, forensic methodology, content of forensic support for covert investigative (detective) actions. \u0000The purpose of the scientific article is to determine the specifics of forensic evidence collection during covert investigative (detective) activities. \u0000The article highlights the elements of forensic support for evidence collection during covert investigative (detective) actions, such as: technical, tactical, and methodological forensic support. It is noted that the tactics of conducting undercover investigative (detective) actions play an important role during the investigation of criminal proceedings not only as an independent systemic element of forensic support, but also as an additional one in the system of investigative (detective) actions, because the results of conducting undercover investigative (detective) actions can to be the basis for the formation of the tactics of investigative (detective) actions. The article also emphasizes that the scientific principles of the organization of the complex conduct of undercover investigative (detective) actions within the framework of a specific criminal proceeding, as well as the organization of the implementation of specific undercover investigative (detective) actions constitute the content of the forensic methodology of conducting the specified category of procedural actions. \u0000The author came to the conclusion that the features of forensic support for evidence collection during covert investigative (detective) actions are that: 1) there is a combination of criminal procedural and forensic aspects, and also operational and investigative aspects, which are interconnected; 2) information about forensic techniques, forensic tactics and methods of conducting covert investigative (detective) actions constitute information with limited access.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 490","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989682","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}

{"title":"The twentieth anniversary of the Law of Ukraine \"On state support of the agriculture of Ukraine\": is there a future?","authors":"K. Hryhorieva","doi":"10.24144/2788-6018.2024.02.58","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.58","url":null,"abstract":"The article analyzes the twenty-year history of the existence of the special Law of Ukraine \"On State Support of Agriculture of Ukraine\". Adopted in 2004, this Law was the need of the hour - it became a key legislative act, which actually laid the foundation for the further qualitative development of agro-protection law. The twenty-year existence of this Law requires an analysis of its evolution and problematic issues, determination of development trends and real impact on social relations. Such a fundamental analysis will make it possible to answer the main question: is this Law able to effectively regulate agro-protection relations in today's complex conditions, taking into account the war and post-war challenges. The conducted research was structured according to three stages of the transformation of the Law of Ukraine \"On State Support of Agriculture of Ukraine”: the stage of approbation of the primary model (2004-2008); the stage of anti-crisis modernization (2009­2019); stage of forced modernization (2020 - until today). In general, after analyzing the twenty- year history of the evolution of the Law of Ukraine \"On State Support of Agriculture of Ukraine”, we can conclude that this Law does not fulfill the socially important tasks assigned to it. It had the most conceptual appearance in its initial edition; the least conceptual - today. A significant part of its norms throughout the period of its existence remained declarative, which in general had an extremely negative impact on the regulation of agricultural protection relations: declarative, non­working norms created a distorted image of the current system of state support for agriculture. The current agricultural protection legislation does not provide for any \"pillars”, i.e., key legal support mechanisms - instead, the Law now contains a scattered list of individual mechanisms with a greater or lesser degree of detail in their regulation. Even the state of war and the need for special support of agricultural producers in the period 2022-2024 did not push the lawmaker to conceptual reform of the current agricultural protection legislation, but the urgent need for its implementation is already obvious.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988388","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}

{"title":"On the question of the role of the principle of justice in the system of principles of criminal punishment","authors":"M. Leonovych","doi":"10.24144/2788-6018.2024.02.100","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.100","url":null,"abstract":"In modern society, problems related to the understanding and application of the principle of justice in the system of imposing punishments are of general interest. \u0000This article examines the essence and role of the principle of justice in modern criminal law in the process of determining punishments and its compliance with modern standards of justice. By analyzing and examining approaches to understanding this principle in the context of criminal law, the study aims to reveal the influence of the principle of justice on the process of imposing punishments and the role of this principle in ensuring equality before the law. \u0000In this article, the author emphasizes that the imposition of punishment should be reasonable, justified and should not allow cruelty, and should take place only in cases of criminal offenses and taking into account all the circumstances of the case. Ensuring efficiency and legality in sentencing is a key aspect of judicial activity in criminal proceedings, which requires compliance with relevant principles of criminal law. \u0000In the article, the author claims that the principle of justice is manifested in equality before the law, the correspondence of the criminal offense and punishment, as well as in the proportionality of the imposed punishments and the committed crimes. \u0000The article emphasizes the importance of the adequacy of punishments and an impartial approach in judicial practice. The need for a systematic analysis of judicial practice and constant updating of legislation to ensure fair sentencing is emphasized. The author comes to the conclusion that fair sentencing is an important component of the rule of law and guarantees trust in the judicial system. It is emphasized that the principle of justice is of decisive importance in determining the justice and adequacy of punishments in criminal law.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 796","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989139","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}

{"title":"Financial assets in the system of financial legal relations","authors":"S. S. Yesimov","doi":"10.24144/2788-6018.2024.02.75","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.75","url":null,"abstract":"The article examines financial assets in the system of financial legal relations from the point of view of current legislation and regulatory acts of the European Union. The object of the study is a set of social relations regarding financial assets. The purpose of the article is to develop scientifically based conclusions about financial legal relations related to the use of financial assets in economic turnover. The work uses dialectical, logical, systematic, analysis and synthesis, formal- legal, comparative-legal and other methods of scientific knowledge. It has been established that the financial assets of an enterprise, institution, organization are a separate group of assets provided in cash or other, mostly intangible goods, containing monetary claims, which have a monetary value and are capable of bringing economic benefits to the state in the process of formation, distribution and use of cash funds (state and non-state) aimed at solving social problems. A financial asset is a cross-industry category. From a material point of view, a financial asset is characterized as a fund of funds of a business entity, from a financial and legal point of view, a financial asset is a source of budget revenues, which in the process of taxation connects the fund of funds of a business entity with public monetary funds. Financial assets for the purposes of tax and legal regulation can be presented as property and property rights. Financial assets include cash and non-cash funds, documentary and non­documentary securities, digital currency, equity instruments, digital financial assets (including hybrid rights), claims arising from various grounds, receivables. It is indicated that business entities conducting business activities are entitled to independently carry out financial activities, after paying taxes and mandatory payments, to dispose of the remaining profit. Understanding the legal nature and content of financial assets allows systematizing approaches regarding the place in the system of financial legal relations and the use of these resources in economic activity.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"120 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987440","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}

{"title":"Academic freedom restrictions in the practice of the European Court of Human Rights","authors":"A. Slavko, A. Chernyavskii","doi":"10.24144/2788-6018.2024.02.127","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.127","url":null,"abstract":"Academic freedom is one of the cornerstones of the development of society as a whole, as it plays a critical role in scientific research and technologi­cal progress. The importance of academic freedom is also evidenced by its mention in many docu­ments, from the Charter of Fundamental Rights of the European Union to the Magna Carta of Euro­pean Universities. The Council of Europe also de­votes considerable attention to academic freedom. \u0000Academic freedom manifests itself in research, teaching, and learning. Among the components of academic freedom, individual researchers also cite the ability to disseminate the results of their research and maintain intellectual property rights over them. Academic freedom is interpreted both as an individual right and as an institutional right, which manifests in their ability to be autonomous and pursue independent policies. \u0000In the light of the European Court of Human Rights' practice, academic freedom is a compo­nent of the freedom of expression. Accordingly, restrictions on academic freedom are considered permissible if they meet the general requirements of the three-part test (legality, legitimate aim, proportionality). The European Court of Human Rights analysed these circumstances in sever­al cases concerning academic freedom, including Lombardi Vallauri v. Italy, Sorgug v. Turkey, Khar­lamov v. Russia, Mustafa Erdogan and Others v. Turkey, Ayuso Torres v. Spain, and Kula v. Turkey. The Court's examination of these cases indicates that it recognises the importance of academic free­dom, even in cases where statements are declared offensive, disturbing, or causing outrage (for ex­ample, criticism of the procedure for electing the academic council, judgments of the Constitutional Court, or the Constitution itself). Academic com­munity members should have the opportunity to participate in public discussions within the scope of their activities. When balancing the right to pri­vacy and academic freedom, it is crucial to consid­er additional guarantees that academic communi­ty members possess. In doing so, when restricting academic freedom, national courts should consid­er the so-called \"chilling effect” that any sanctions for expressions may have on the overall state of academic freedom in the country.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988757","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}

{"title":"Problems of documenting an administrative offense, the responsibility for which is provided for in Article 130 of the Code of Ukraine on Administrative Offenses","authors":"D.O. Berestenko","doi":"10.24144/2788-6018.2024.02.66","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.66","url":null,"abstract":"The scientific article identifies the problems of documenting an administrative offense, the responsibility for which is provided for by Article 130 of the Code of Ukraine on Аdministrative Offenses, and proposed ways to solve them. \u0000The author carried out an analysis of statistical data based on the results of the courts of first instance regarding the consideration of cases of administrative offenses under Article 130 of the Code of Ukraine on Administrative Offenses for the year 2023. \u0000The author has researched and summarized the judicial practice of court consideration of cases on administrative offenses, the responsibility for which is provided for in Article 130 of the Code of Ukraine on Administrative Offenses, in particular, court decisions on closing proceedings in such cases due to the absence of an event and composition of an administrative offense. It has been established that in most cases, the courts state that the police officers did not properly draw up protocols and did not follow the procedure for documenting the violation. \u0000Attention is focused on the fact that signs of intoxication must be indicated in the protocol on an administrative offense in order to substantiate the grounds for the inspection. It was established that the presence of a referral for an examination of a person for intoxication from a police officer is mandatory. It has been found that missing the terms of proceedings in such cases is often the reason for closing the case before the judge. It is emphasized that mistakes in police activity occur during video recording of an examination of the state of alcohol, drug or other intoxication or being under the influence of drugs that reduce attention and reaction speed. \u0000The author emphasizes that the low legal awareness of individual police officers leads to inaccuracies in the description of the offense in the protocol on the administrative offense and the qualification of the offender's actions. It was found that the police do not always take into account the circumstances that exempt the offender from administrative responsibility. \u0000In order to improve the procedure for documenting cases under Article 130 of the Code of Ukraine on Administrative Offenses proposed to conduct an analysis of the decisions made by the courts for such cases, to identify typical errors and to conduct additional training with police officers who document such cases, for example, within the scope of official training. \u0000The author concluded that the work on defining the problems of documenting an administrative offense, the responsibility for which is provided by Article 130 of the Code of Ukraine on Administrative Offenses, is not permanent, but should be dynamic under the control of authorized persons of the National Police, who are responsible for personnel training, professional development, and professional training of police officers.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988674","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}