Pub Date : 2024-05-11DOI: 10.24144/2788-6018.2024.02.119
O. Striletska, A. Habrelian
The article focuses on the peculiarities of implementing the adversarial principle in court proceedings. The adversarial principle is a general procedural principle of criminal procedure which today finds its main expression in court proceedings. Adversariality determines the image of the entire criminal process, as it provides for its construction in which the functions of prosecution, defense and case resolution are separated from each other. This, in turn, gives the court's verdict a special power of persuasion, increases its legal and social significance. The adversarial principle is characterized by the presence of four interdependent elements: the prosecution and defense; fixed means of activity of the prosecution and defense; separation of the functions of public prosecution, defense and trial; and an objective and impartial court. Removal of any of them would not only lead to incomplete content of the analyzed principle, but would also raise doubts about its actual existence. Only the presence of all these elements without any reservations, assumptions, exceptions, etc. allows to classify the process as compliant with the principle of adversariality. An important aspect of further development of legislation is to support and promote the process of competition, where the parties have equal opportunities to defend their interests. This contributes to the adoption of more reasonable and, accordingly, fair court decisions. In light of these objectives, it is necessary to actively work on amending the CPC of Ukraine to strengthen the principle of adversarialism and ensure a balance of interests of the parties at all stages of the criminal process. In this regard, it is proposed to: provide that when considering an appeal against a decision, action or inaction of an investigator or prosecutor, all interested parties should participate in the appeal process; supplement the CPC of Ukraine with the following provision: "the prosecution has the right during the trial to ask questions, submit its comments and objections regarding the procedure for conducting actions which are recorded in the protocol”; to extend the mandatory participation of a defense counsel to criminal proceedings concerning serious crimes.
{"title":"Implementation of the principle of adversarial proceedings in court","authors":"O. Striletska, A. Habrelian","doi":"10.24144/2788-6018.2024.02.119","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.119","url":null,"abstract":"The article focuses on the peculiarities of implementing the adversarial principle in court proceedings. The adversarial principle is a general procedural principle of criminal procedure which today finds its main expression in court proceedings. Adversariality determines the image of the entire criminal process, as it provides for its construction in which the functions of prosecution, defense and case resolution are separated from each other. This, in turn, gives the court's verdict a special power of persuasion, increases its legal and social significance. \u0000The adversarial principle is characterized by the presence of four interdependent elements: the prosecution and defense; fixed means of activity of the prosecution and defense; separation of the functions of public prosecution, defense and trial; and an objective and impartial court. Removal of any of them would not only lead to incomplete content of the analyzed principle, but would also raise doubts about its actual existence. Only the presence of all these elements without any reservations, assumptions, exceptions, etc. allows to classify the process as compliant with the principle of adversariality. \u0000An important aspect of further development of legislation is to support and promote the process of competition, where the parties have equal opportunities to defend their interests. This contributes to the adoption of more reasonable and, accordingly, fair court decisions. In light of these objectives, it is necessary to actively work on amending the CPC of Ukraine to strengthen the principle of adversarialism and ensure a balance of interests of the parties at all stages of the criminal process. In this regard, it is proposed to: provide that when considering an appeal against a decision, action or inaction of an investigator or prosecutor, all interested parties should participate in the appeal process; supplement the CPC of Ukraine with the following provision: \"the prosecution has the right during the trial to ask questions, submit its comments and objections regarding the procedure for conducting actions which are recorded in the protocol”; to extend the mandatory participation of a defense counsel to criminal proceedings concerning serious crimes.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" January","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989713","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: 10.24144/2788-6018.2024.02.87
K. Rostovskaya, N. Grishina
The article analyzes the opinions of scientists regarding the research methodology of forming the foundations of anti-corruption policy. It was determined that under the methodological basis of the study of the state anti-corruption policy in Ukraine should be understood a set of methods and methods of knowledge related to the solution of the scientific problem of developing a coherent theoretical and applied concept of the state anticorruption policy and determining its essence. The methods of studying the state anticorruption policy were investigated and the use of the following scientific research methods of the administrative-legal foundations of the anticorruption policy was substantiated: dialectical, formal-logical, historical, systemic-structural, comparative-legal, systemic analysis, method of alternatives. The methodological foundations of the research are substantiated: the study of scientific assets of researchers; analysis of the scientific assets of scientists who, using certain methods of scientific knowledge, investigated the problems of combating corruption by administrative and legal means; summarizing the works of scientists who directly researched the state anti-corruption policy. Thanks to the chosen research methodology, scientifically based conclusions and results were obtained, the author's vision of the theoretical- applied concept of the state anti-corruption policy, ways of its further development and improvement of the administrative and legal foundations of its support and regulation were outlined. It was found that the systematization of scientific research to one extent or another is one of the methods used by scientists to determine the state of development of the problem in the field of anti-corruption, to establish one's own position and methodology for highlighting the theoretical and applied aspects of overcoming this negative phenomenon. In addition, scientific analysis is carried out with the aim of forming scientifically based proposals aimed at improving the current legislation, interpretation of its existing provisions. It has been proven that it is important to determine the content of anti-corruption policy is to find out the content of corruption. The concept of anti-corruption policy is based on scientific research by domestic and foreign scientists dedicated to combating corruption. Determining the state of methodological support for the study of state anti-corruption policy in Ukraine involves the generalization of scientific methods of its research; review of scientific literature on anti-corruption topics, coverage of Ukrainian and foreign monographic and other works on anticorruption problems; identification of issues left out of the attention of scientists; formulation of the tasks of this study.
{"title":"Determination of the state of methodological support for the study of state anti-corruption policy in Ukraine","authors":"K. Rostovskaya, N. Grishina","doi":"10.24144/2788-6018.2024.02.87","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.87","url":null,"abstract":"The article analyzes the opinions of scientists regarding the research methodology of forming the foundations of anti-corruption policy. It was determined that under the methodological basis of the study of the state anti-corruption policy in Ukraine should be understood a set of methods and methods of knowledge related to the solution of the scientific problem of developing a coherent theoretical and applied concept of the state anticorruption policy and determining its essence. \u0000The methods of studying the state anticorruption policy were investigated and the use of the following scientific research methods of the administrative-legal foundations of the anticorruption policy was substantiated: dialectical, formal-logical, historical, systemic-structural, comparative-legal, systemic analysis, method of alternatives. \u0000The methodological foundations of the research are substantiated: the study of scientific assets of researchers; analysis of the scientific assets of scientists who, using certain methods of scientific knowledge, investigated the problems of combating corruption by administrative and legal means; summarizing the works of scientists who directly researched the state anti-corruption policy. \u0000Thanks to the chosen research methodology, scientifically based conclusions and results were obtained, the author's vision of the theoretical- applied concept of the state anti-corruption policy, ways of its further development and improvement of the administrative and legal foundations of its support and regulation were outlined. \u0000It was found that the systematization of scientific research to one extent or another is one of the methods used by scientists to determine the state of development of the problem in the field of anti-corruption, to establish one's own position and methodology for highlighting the theoretical and applied aspects of overcoming this negative phenomenon. In addition, scientific analysis is carried out with the aim of forming scientifically based proposals aimed at improving the current legislation, interpretation of its existing provisions. \u0000It has been proven that it is important to determine the content of anti-corruption policy is to find out the content of corruption. The concept of anti-corruption policy is based on scientific research by domestic and foreign scientists dedicated to combating corruption. Determining the state of methodological support for the study of state anti-corruption policy in Ukraine involves the generalization of scientific methods of its research; review of scientific literature on anti-corruption topics, coverage of Ukrainian and foreign monographic and other works on anticorruption problems; identification of issues left out of the attention of scientists; formulation of the tasks of this study.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988397","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: 10.24144/2788-6018.2024.02.118
N. Senchenko
The peculiarities of the normative fixation of prejudice in the criminal procedural legislation of Austria, Germany and France and the limits of its effect are examined in the article. Prejudice affects the increase in the responsibility of judges, as it contributes to making legal and well-founded decisions that concern not only the rights and interests of the parties to a particular proceeding, which depends on the facts established in this decision, and in the future they may affect the observance of the rights and interests of others persons. It is argued that the concept of prejudice is not provided in the criminal procedural law of these countries, but, apparently, the decisions of courts and other bodies are recognized during the consideration of criminal cases by the courts of Austria, Germany and France without evidence. This emphasizes the authority and significance of the decisions of the court and other bodies, despite the fact that the legislation of these countries attaches great importance to the freedom of assessment of evidence and make decisions by the court based on the internal conviction of the judges. It was determined that the criminal procedural legislation of Austria, Germany and France recognizes the prejudicial significance of the circumstances established by the verdict and other court decision, as well as acts of criminal prosecution bodies during the consideration of a criminal case. At the same time, the probative force of such decisions is absolute for the court considering the criminal case, until they are recognized as illegal by a higher court. Unlike the Criminal Procedure Code of Ukraine, the Criminal Procedure Codes of Austria, Germany and France recognize the circumstances established by a verdict or other court decision, as well as acts of criminal prosecution bodies, without evidence, only by the court, the prosecutor and other criminal prosecution bodies are not endowed with such a right. In the Criminal Procedure Code, the specified state verdicts and acts of criminal prosecution bodies are evidence, their evidentiary force is absolute, which greatly facilitates the use of prejudice in criminal proceedings. Taking into account the positive legislative experience of these countries, it is proposed to include the verdict, which has gained legal force, adopted within the framework of civil, arbitration or administrative proceedings, among the other documents specified in Part 2 of Article 99 of the Criminal Procedural Code of Ukraine.
{"title":"The limits of action of prejudice in criminal procedural legislation of European countries","authors":"N. Senchenko","doi":"10.24144/2788-6018.2024.02.118","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.118","url":null,"abstract":"The peculiarities of the normative fixation of prejudice in the criminal procedural legislation of Austria, Germany and France and the limits of its effect are examined in the article. Prejudice affects the increase in the responsibility of judges, as it contributes to making legal and well-founded decisions that concern not only the rights and interests of the parties to a particular proceeding, which depends on the facts established in this decision, and in the future they may affect the observance of the rights and interests of others persons. It is argued that the concept of prejudice is not provided in the criminal procedural law of these countries, but, apparently, the decisions of courts and other bodies are recognized during the consideration of criminal cases by the courts of Austria, Germany and France without evidence. This emphasizes the authority and significance of the decisions of the court and other bodies, despite the fact that the legislation of these countries attaches great importance to the freedom of assessment of evidence and make decisions by the court based on the internal conviction of the judges. It was determined that the criminal procedural legislation of Austria, Germany and France recognizes the prejudicial significance of the circumstances established by the verdict and other court decision, as well as acts of criminal prosecution bodies during the consideration of a criminal case. At the same time, the probative force of such decisions is absolute for the court considering the criminal case, until they are recognized as illegal by a higher court. Unlike the Criminal Procedure Code of Ukraine, the Criminal Procedure Codes of Austria, Germany and France recognize the circumstances established by a verdict or other court decision, as well as acts of criminal prosecution bodies, without evidence, only by the court, the prosecutor and other criminal prosecution bodies are not endowed with such a right. In the Criminal Procedure Code, the specified state verdicts and acts of criminal prosecution bodies are evidence, their evidentiary force is absolute, which greatly facilitates the use of prejudice in criminal proceedings. Taking into account the positive legislative experience of these countries, it is proposed to include the verdict, which has gained legal force, adopted within the framework of civil, arbitration or administrative proceedings, among the other documents specified in Part 2 of Article 99 of the Criminal Procedural Code of Ukraine.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1109","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988653","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: 10.24144/2788-6018.2024.02.73
Yevhenii Doiar
In the article, the author reflects on the possibility of recognizing judicial enforcement as a specific type of law enforcement. Proceeding from the already finally formed position of recognition of application as a separate independent form of implementation of the norms of administrative law, along with its other forms - implementation, compliance, use, the author directs his scientific search to the study of the specifics of law enforcement by its special subject - the court . Having analyzed the arguments available in scientific sources about the specifics of judicial enforcement, the author rejects most of the features that are proposed in scientific sources as being inherent only in judicial enforcement (simultaneous and related application of not only the norms of substantive law, but also the norms of procedural law; legal interpretation activity court; the need to coordinate judicial enforcement with judicial practice) as those that characterize the enforcement activity not only of courts, but also of other subjects. Such a deficiency of normative regulation is indicated, such as the lack of normative definitions of the concepts of "norms of material norm” ("material norms”, "substantive law”, other similar), "norms of procedural law” ("procedural norms”, "procedural law”, other similar ), as well as "application of legal norms”, "application of material law norms”, "application of procedural law norms”, etc. As criteria for distinguishing judicial application as a separate type of law enforcement, the author considers: the specificity of the subject of application itself; different from other cases of (non-judicial) application of normative regulation of relevant procedural issues, and the content of the concepts "type” and "typing” is taken into account. It is indicated that, in the absence of a unified approach to determining the content of all forms of implementation of legal norms (execution, use, compliance, application), it is problematic (and will remain until the normative resolution of this issue) to attribute certain actions of the court in the implementation of procedural norms to certain specific forms The author considers the possibility of interpreting the actions of the court to implement procedural norms in some cases as "use” and in others as "application” as a promising direction for further discussions.
{"title":"Judicial enforcement as a specific type of law enforcement: administrative and legal aspect","authors":"Yevhenii Doiar","doi":"10.24144/2788-6018.2024.02.73","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.73","url":null,"abstract":"In the article, the author reflects on the possibility of recognizing judicial enforcement as a specific type of law enforcement. Proceeding from the already finally formed position of recognition of application as a separate independent form of implementation of the norms of administrative law, along with its other forms - implementation, compliance, use, the author directs his scientific search to the study of the specifics of law enforcement by its special subject - the court . Having analyzed the arguments available in scientific sources about the specifics of judicial enforcement, the author rejects most of the features that are proposed in scientific sources as being inherent only in judicial enforcement (simultaneous and related application of not only the norms of substantive law, but also the norms of procedural law; legal interpretation activity court; the need to coordinate judicial enforcement with judicial practice) as those that characterize the enforcement activity not only of courts, but also of other subjects. Such a deficiency of normative regulation is indicated, such as the lack of normative definitions of the concepts of \"norms of material norm” (\"material norms”, \"substantive law”, other similar), \"norms of procedural law” (\"procedural norms”, \"procedural law”, other similar ), as well as \"application of legal norms”, \"application of material law norms”, \"application of procedural law norms”, etc. As criteria for distinguishing judicial application as a separate type of law enforcement, the author considers: the specificity of the subject of application itself; different from other cases of (non-judicial) application of normative regulation of relevant procedural issues, and the content of the concepts \"type” and \"typing” is taken into account. It is indicated that, in the absence of a unified approach to determining the content of all forms of implementation of legal norms (execution, use, compliance, application), it is problematic (and will remain until the normative resolution of this issue) to attribute certain actions of the court in the implementation of procedural norms to certain specific forms The author considers the possibility of interpreting the actions of the court to implement procedural norms in some cases as \"use” and in others as \"application” as a promising direction for further discussions.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141128723","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: 10.24144/2788-6018.2024.02.31
A. Bohdanets, V.V. Vlasenko
The article examines topical issues of the institution of property alienation contracts in the Anglo-American legal system. Peculiarities of the civil law contract in the countries of the Anglo-American legal system are determined. Definitions of «civil legal system» and «alienation of property» are provided. The legal aspects of concluding contracts regarding the alienation of property are analyzed, in particular the form and conditions of concluding such contracts, as well as the peculiarities of legal regulation of the definition of the subject of contracts regarding the alienation of property. The stage of conclusion of contracts on the alienation of property in the countries of the Anglo-American legal system is studied. Attention is focused on the fact that a distinctive feature of the development of the institution of contractual relations in the countries of the Anglo- American legal system is that, firstly, it took place under the significant influence of judicial practice; secondly, found its consolidation in the norms of common law. However, regarding certain types of property alienation contracts, it is worth noting that they are regulated by the norms of special legislative acts. It has been analyzed that, in practice, the relations of the parties concluding a contract of alienation of property are largely regulated not by legal norms that make up positive law, but by the norms of their own «contractual law» created by the parties, that is, by the terms of the contract they have. The content of specific property alienation contracts in this way is determined not so much by the satisfaction of the mutual interests of the counterparties, but by the capabilities and wishes of the economically stronger partner and the necessity dictated by the specific situation of the weaker party to the agreement. It was concluded that the regulation of the institution of property alienation contracts in the countries of the Anglo-American legal system has its own characteristics. In particular, in England, it is possible to note the increased activity of the parliament in the field of regulating civil relations, which is manifested in particular in the adoption of new and amendments to already existing laws, which are voluminous in their content, as a result of which in practice they are even called codified.
{"title":"Peculiarities of the institution of property alienation contracts in the Anglo-American legal system","authors":"A. Bohdanets, V.V. Vlasenko","doi":"10.24144/2788-6018.2024.02.31","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.31","url":null,"abstract":"The article examines topical issues of the institution of property alienation contracts in the Anglo-American legal system. Peculiarities of the civil law contract in the countries of the Anglo-American legal system are determined. Definitions of «civil legal system» and «alienation of property» are provided. The legal aspects of concluding contracts regarding the alienation of property are analyzed, in particular the form and conditions of concluding such contracts, as well as the peculiarities of legal regulation of the definition of the subject of contracts regarding the alienation of property. The stage of conclusion of contracts on the alienation of property in the countries of the Anglo-American legal system is studied. \u0000Attention is focused on the fact that a distinctive feature of the development of the institution of contractual relations in the countries of the Anglo- American legal system is that, firstly, it took place under the significant influence of judicial practice; secondly, found its consolidation in the norms of common law. However, regarding certain types of property alienation contracts, it is worth noting that they are regulated by the norms of special legislative acts. \u0000It has been analyzed that, in practice, the relations of the parties concluding a contract of alienation of property are largely regulated not by legal norms that make up positive law, but by the norms of their own «contractual law» created by the parties, that is, by the terms of the contract they have. The content of specific property alienation contracts in this way is determined not so much by the satisfaction of the mutual interests of the counterparties, but by the capabilities and wishes of the economically stronger partner and the necessity dictated by the specific situation of the weaker party to the agreement. \u0000It was concluded that the regulation of the institution of property alienation contracts in the countries of the Anglo-American legal system has its own characteristics. In particular, in England, it is possible to note the increased activity of the parliament in the field of regulating civil relations, which is manifested in particular in the adoption of new and amendments to already existing laws, which are voluminous in their content, as a result of which in practice they are even called codified.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 911","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989300","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: 10.24144/2788-6018.2024.02.21
V. Visyn, Y. Lenher
The constitutional and legal mechanisms of regulation of economic social relations in the Polish state in the 20-30s of the twentieth century are investigated. It is determined that the fundamental constitutional and legal institutions of the economic system are property, labor, and the financial system. Constitutional regulation of the sphere of economic organization of social life of different states is not the same in form and volume. Based on the analyzed broad legislative framework, it is stated that in the first half of the 20s of the twentieth century. political, economic and legislative formation of the Polish state took place. Reforming the financial system, agriculture, trade contributed to the formation of the Polish economic system. It is noted that the intervention of state bodies in economic affairs was minimal, which contributed to the development of various industries of the country and the economy as a whole. In the period from the May 1926 coup to the beginning of the world economic crisis, Polish legislation began to change from free democratic to authoritarian. The situation was characterized by contradictory trends: on the one hand, democratic institutions and the Constitution of 1921 remained, on the other hand, the executive branch demonstrated the desire to govern the state, despite the parliament and political parties. The new legislation introduced by the Pilsudchiks in the first half of the 30s, on the one hand, was aimed at overcoming the crisis in the economy, and on the other hand, it was marked by increased interference of power in all spheres of society. It is stated that in the interwar period, the Second Polish Republic quickly created and developed its own economy. This was achieved thanks to the well- established system of economic social relations of the Polish state - the system of relations of property, production, exchange, distribution and consumption of material and spiritual goods. The leading role in this was played by the liberal, democratic constitutional and legal field, which became an effective mechanism for regulating the economic activity of the state. shows effective ways, forms and methods. It is recommended to use the experience of developing the legislation of the Polish state to improve modern Ukrainian economic law.
{"title":"Constitutional and legal mechanisms of regulation of economic social relations in the Second Polish Republic","authors":"V. Visyn, Y. Lenher","doi":"10.24144/2788-6018.2024.02.21","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.21","url":null,"abstract":"The constitutional and legal mechanisms of regulation of economic social relations in the Polish state in the 20-30s of the twentieth century are investigated. It is determined that the fundamental constitutional and legal institutions of the economic system are property, labor, and the financial system. Constitutional regulation of the sphere of economic organization of social life of different states is not the same in form and volume. Based on the analyzed broad legislative framework, it is stated that in the first half of the 20s of the twentieth century. political, economic and legislative formation of the Polish state took place. Reforming the financial system, agriculture, trade contributed to the formation of the Polish economic system. It is noted that the intervention of state bodies in economic affairs was minimal, which contributed to the development of various industries of the country and the economy as a whole. In the period from the May 1926 coup to the beginning of the world economic crisis, Polish legislation began to change from free democratic to authoritarian. The situation was characterized by contradictory trends: on the one hand, democratic institutions and the Constitution of 1921 remained, on the other hand, the executive branch demonstrated the desire to govern the state, despite the parliament and political parties. The new legislation introduced by the Pilsudchiks in the first half of the 30s, on the one hand, was aimed at overcoming the crisis in the economy, and on the other hand, it was marked by increased interference of power in all spheres of society. It is stated that in the interwar period, the Second Polish Republic quickly created and developed its own economy. This was achieved thanks to the well- established system of economic social relations of the Polish state - the system of relations of property, production, exchange, distribution and consumption of material and spiritual goods. The leading role in this was played by the liberal, democratic constitutional and legal field, which became an effective mechanism for regulating the economic activity of the state. shows effective ways, forms and methods. It is recommended to use the experience of developing the legislation of the Polish state to improve modern Ukrainian economic law.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 614","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989413","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: 10.24144/2788-6018.2024.02.120
T.V. Ukrainets
The article examines the peculiarities of conducting a document review as a primary investigative(search)actionduringtheinvestigation of forgery of a driver's license, its sale and use. Typical situations of law enforcement activities related to the detection of a driver's license with signs of forgery have been established. The legal grounds for examining and confiscating a driver's license, in which signs of forgery were found by a patrol police officer, inquirer or investigator, have been clarified and disclosed. The main tasks of inspecting a driver's license with signs of forgery are defined, with organizational and procedural measures for solving each of the tasks. Separate recommendations for drawing up procedural review documents, specialist written reports and his conclusion are outlined. Specific rules for handling a driver's license with signs of forgery during its inspection, preliminary examination, removal and packaging are proposed. It has been proven that the examination of documents during the investigation of forgery of a driver's license, its sale and use contributes to obtaining evidentiary information at the beginning of the investigation of a criminal offense under Article 358 of the Criminal Code of Ukraine. An examination of the driver's license can be carried out as an integral part of the examination of the scene of the incident in case of detection of signs of forgery of the driver's document, and before the entry of information about this criminal offense into the Unified Register of Pretrial Investigations. The specialist carries out a preliminary study of the driver's license with signs of forgery, uses forensic technical means, helps the inquirer to describe the detected signs of forgery in the inspection report, prepares a written report and prepares a specialist's opinion. The involvement of persons with special knowledge in the review of documents ensures the correct documentation of forensically significant signs of a criminal offense in procedural documents, which enables a quick, objective investigation of the relevant objects in the subsequent appointment of forensic examinations. According to the results of the inspection of the driver's license with signs of forgery and its removal, a technical and forensic examination of the documents is carried out.
{"title":"Review of documents as an investigator (search) action during the investigation of forgery of a driver’s license, its sale and use","authors":"T.V. Ukrainets","doi":"10.24144/2788-6018.2024.02.120","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.120","url":null,"abstract":"The article examines the peculiarities of conducting a document review as a primary investigative(search)actionduringtheinvestigation of forgery of a driver's license, its sale and use. Typical situations of law enforcement activities related to the detection of a driver's license with signs of forgery have been established. The legal grounds for examining and confiscating a driver's license, in which signs of forgery were found by a patrol police officer, inquirer or investigator, have been clarified and disclosed. The main tasks of inspecting a driver's license with signs of forgery are defined, with organizational and procedural measures for solving each of the tasks. Separate recommendations for drawing up procedural review documents, specialist written reports and his conclusion are outlined. Specific rules for handling a driver's license with signs of forgery during its inspection, preliminary examination, removal and packaging are proposed. It has been proven that the examination of documents during the investigation of forgery of a driver's license, its sale and use contributes to obtaining evidentiary information at the beginning of the investigation of a criminal offense under Article 358 of the Criminal Code of Ukraine. An examination of the driver's license can be carried out as an integral part of the examination of the scene of the incident in case of detection of signs of forgery of the driver's document, and before the entry of information about this criminal offense into the Unified Register of Pretrial Investigations. The specialist carries out a preliminary study of the driver's license with signs of forgery, uses forensic technical means, helps the inquirer to describe the detected signs of forgery in the inspection report, prepares a written report and prepares a specialist's opinion. The involvement of persons with special knowledge in the review of documents ensures the correct documentation of forensically significant signs of a criminal offense in procedural documents, which enables a quick, objective investigation of the relevant objects in the subsequent appointment of forensic examinations. According to the results of the inspection of the driver's license with signs of forgery and its removal, a technical and forensic examination of the documents is carried out.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" October","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989887","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: 10.24144/2788-6018.2024.02.44
O. Cherniak
The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe.
{"title":"Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine","authors":"O. Cherniak","doi":"10.24144/2788-6018.2024.02.44","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.44","url":null,"abstract":"The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. \u0000It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. \u0000Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. \u0000It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. \u0000Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 756","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989350","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: 10.24144/2788-6018.2024.02.67
O. Bykov
The issue of information security in Ukraine is becoming extremely important for Ukrainian society, which, in the conditions of the Russian- Ukrainian war, has become the target of direct informational-propaganda and informational- psychological operations by Russia. Within the framework of theoretical jurisprudence, it is important to invigorate the development of effective information security strategies and ensure their practical implementation at both the national and international levels. Our research is conditionally divided into two parts. It is important for us to provide a characteristic of information security as a legal phenomenon and to determine its essential characteristics. For this purpose, we consider information security in its broad sense, as a sociocultural phenomenon, with a characteristic set of measures aimed at protecting the integrity, confidentiality, and availability of information, and the protection of human rights, society, and the state in the information sphere. In the second part of the research, we separately consider information security at the level of the individual. We explore its connection with information culture, media literacy, and digital literacy. The article presents a list of recommendations for ensuring information security. It suggests establishing effective international cooperation (supporting necessary contractual relationships, conducting diplomatic work, and establishing cooperation at the level of individual cybersecurity specialists), improving the work of special units of the Ukrainian internal affairs bodies, and implementing additional controls over the qualifications of cyber police officers, which will increase the effectiveness of criminal search for cybercriminals. The importance of combating propaganda and misinformation, reviewing the financial mechanisms for implementing the information security strategy, is emphasized. Legal and cultural aspects in our research also include a look at information security at the individual level, where the development of special skills and abilities in citizens that will minimize the risks of violating their rights in the information sphere is addressed.
{"title":"Information security: legal and cultural dimensions","authors":"O. Bykov","doi":"10.24144/2788-6018.2024.02.67","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.67","url":null,"abstract":"The issue of information security in Ukraine is becoming extremely important for Ukrainian society, which, in the conditions of the Russian- Ukrainian war, has become the target of direct informational-propaganda and informational- psychological operations by Russia. Within the framework of theoretical jurisprudence, it is important to invigorate the development of effective information security strategies and ensure their practical implementation at both the national and international levels. \u0000Our research is conditionally divided into two parts. It is important for us to provide a characteristic of information security as a legal phenomenon and to determine its essential characteristics. For this purpose, we consider information security in its broad sense, as a sociocultural phenomenon, with a characteristic set of measures aimed at protecting the integrity, confidentiality, and availability of information, and the protection of human rights, society, and the state in the information sphere. In the second part of the research, we separately consider information security at the level of the individual. We explore its connection with information culture, media literacy, and digital literacy. \u0000The article presents a list of recommendations for ensuring information security. It suggests establishing effective international cooperation (supporting necessary contractual relationships, conducting diplomatic work, and establishing cooperation at the level of individual cybersecurity specialists), improving the work of special units of the Ukrainian internal affairs bodies, and implementing additional controls over the qualifications of cyber police officers, which will increase the effectiveness of criminal search for cybercriminals. The importance of combating propaganda and misinformation, reviewing the financial mechanisms for implementing the information security strategy, is emphasized. Legal and cultural aspects in our research also include a look at information security at the individual level, where the development of special skills and abilities in citizens that will minimize the risks of violating their rights in the information sphere is addressed.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 664","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989391","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: 10.24144/2788-6018.2024.02.62
T. Lisova
The article is devoted to topical issues of ensuring the restoration of land in the conditions of the development of market relations. The legislative support for the formation and development of the agricultural land market has been studied. Negative processes are analyzed in detail regarding the current state of lands, the most threatening characteristics of which are their degradation and desertification, and the reasons for the rapid deterioration of their condition in recent years. It is emphasized that the formation of the land market consists of two elements: the land market for agricultural and non-agricultural purposes. The concepts of "land turnover^ and "land marketn are defined. It is noted that the conversion of land plots is carried out both in the conditions of the establishment and development of market relations, and in the conditions of the absence of a land market. The problem of preserving the quality of land, soil fertility, their protection and timely restoration in the conditions of change of owners and tenants of agricultural lands in the conditions of the development of market relations is investigated. Scientific works of scientists on the solution of the specified problem are cited. The influence of the qualitative state of land on the value of land plots and the peculiarities of determining their normative and expert monetary assessment are analyzed. Attention is focused on recording the state of land in the relevant documentation. Attention is drawn to the legal consequences of accidental destruction or damage to the rental object by the user. The shortcomings of the legal provision of obligations of owners and users of land plots to restore soil fertility, as well as other useful properties of the land, are investigated. It is noted that failure by a land user, in particular a tenant, to fulfill its obligations to restore the quality of land is grounds for the compulsory termination of its rights to a land plot. Suggested ways of improving legislation in the specified area. Proposals have been made to establish the quality of the land plot at the time of its alienation. Attention is focused on ensuring effective state control over the timely restoration of land.
{"title":"Some issues of ensuring the restoration of land in the conditions of the development of market relations","authors":"T. Lisova","doi":"10.24144/2788-6018.2024.02.62","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.62","url":null,"abstract":"The article is devoted to topical issues of ensuring the restoration of land in the conditions of the development of market relations. The legislative support for the formation and development of the agricultural land market has been studied. Negative processes are analyzed in detail regarding the current state of lands, the most threatening characteristics of which are their degradation and desertification, and the reasons for the rapid deterioration of their condition in recent years. \u0000It is emphasized that the formation of the land market consists of two elements: the land market for agricultural and non-agricultural purposes. The concepts of \"land turnover^ and \"land marketn are defined. It is noted that the conversion of land plots is carried out both in the conditions of the establishment and development of market relations, and in the conditions of the absence of a land market. \u0000The problem of preserving the quality of land, soil fertility, their protection and timely restoration in the conditions of change of owners and tenants of agricultural lands in the conditions of the development of market relations is investigated. Scientific works of scientists on the solution of the specified problem are cited. \u0000The influence of the qualitative state of land on the value of land plots and the peculiarities of determining their normative and expert monetary assessment are analyzed. Attention is focused on recording the state of land in the relevant documentation. Attention is drawn to the legal consequences of accidental destruction or damage to the rental object by the user. \u0000The shortcomings of the legal provision of obligations of owners and users of land plots to restore soil fertility, as well as other useful properties of the land, are investigated. It is noted that failure by a land user, in particular a tenant, to fulfill its obligations to restore the quality of land is grounds for the compulsory termination of its rights to a land plot. Suggested ways of improving legislation in the specified area. Proposals have been made to establish the quality of the land plot at the time of its alienation. \u0000Attention is focused on ensuring effective state control over the timely restoration of land.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"9 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987942","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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