Pub Date : 1900-01-01DOI: 10.32782/2524-0374/2022-7/44
O. Verheles
{"title":"LEGAL NATURE OF DECISIONS OF LOCAL SELF-GOVERNMENT BODIES ON APPROVAL OF NORMATIVE MONETARY EVALUATION OF LAND PARCELS","authors":"O. Verheles","doi":"10.32782/2524-0374/2022-7/44","DOIUrl":"https://doi.org/10.32782/2524-0374/2022-7/44","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121111839","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 : 1900-01-01DOI: 10.32782/2524-0374/2022-8/65
I. Kovbas, P. Havaleshko
It is stressed that in administrative litigation, facts are critical and relevant to usual judicial law enforcement. Therefore, to determine the content and scope of the concept of administrative-judicial evidence, it is necessary, first of all, to understand the nature and functional purpose of the facts established during the verification of evidence. The theory of judicial evidence was mainly formed and developed in the context of legal proceedings, which have a law-enforcing nature (primarily civil and criminal proceedings), and correspond to the traditional model of justice according to their characteristics, while administrative proceedings have some features that allow them to be attributed to the socio-legal model justice. At the same time, in the traditional model of justice, incl. the administrative one, the structure of the persons involved in the case is bipolar; proving is aimed at establishing the facts and is mostly retrospective in nature; a court decision results in legal consequences only for persons participating in the case. However, in the socio-legal model of justice, the parties’ composition has a multipolar character, and the evidentiary activity is not limited to retrospective and covers the establishment of facts-states and events, the occurrence of which is highly probable in the future; the object of proving is generalized facts that extend the limits of a specific dispute and those that acquire the property of relativity in similar court cases initiated by other law subjects. A court decision affects not only the rights and obligations of persons participating in the case but also can change the legal status of a wide range of subjects not involved in the legal process. Thus, to specify the features of judicial proof, it is necessary to compare the content of evidentiary activities carried out within the framework of judicial processes that have a law-enforcement nature with the features of administrative control. It is concluded that the fact which is regarded as an event cannot function as a means of cognition. It cannot be collected, stored, and directly examined. One can appeal using realized facts (information). As a result, it is possible to hypothesize that the evidence is an image of rendered facts of objective reality. Therefore, to consider information about legal facts evidence, it must have a procedural form (written evidence, expert opinions, witness statements, etc.).
{"title":"FACTS AS OBJECTS OF ADMINISTRATIVE-JUDICIAL PROOF: AN EPISTEMOLOGICAL ANALYSIS","authors":"I. Kovbas, P. Havaleshko","doi":"10.32782/2524-0374/2022-8/65","DOIUrl":"https://doi.org/10.32782/2524-0374/2022-8/65","url":null,"abstract":"It is stressed that in administrative litigation, facts are critical and relevant to usual judicial law enforcement. Therefore, to determine the content and scope of the concept of administrative-judicial evidence, it is necessary, first of all, to understand the nature and functional purpose of the facts established during the verification of evidence. The theory of judicial evidence was mainly formed and developed in the context of legal proceedings, which have a law-enforcing nature (primarily civil and criminal proceedings), and correspond to the traditional model of justice according to their characteristics, while administrative proceedings have some features that allow them to be attributed to the socio-legal model justice. At the same time, in the traditional model of justice, incl. the administrative one, the structure of the persons involved in the case is bipolar; proving is aimed at establishing the facts and is mostly retrospective in nature; a court decision results in legal consequences only for persons participating in the case. However, in the socio-legal model of justice, the parties’ composition has a multipolar character, and the evidentiary activity is not limited to retrospective and covers the establishment of facts-states and events, the occurrence of which is highly probable in the future; the object of proving is generalized facts that extend the limits of a specific dispute and those that acquire the property of relativity in similar court cases initiated by other law subjects. A court decision affects not only the rights and obligations of persons participating in the case but also can change the legal status of a wide range of subjects not involved in the legal process. Thus, to specify the features of judicial proof, it is necessary to compare the content of evidentiary activities carried out within the framework of judicial processes that have a law-enforcement nature with the features of administrative control. It is concluded that the fact which is regarded as an event cannot function as a means of cognition. It cannot be collected, stored, and directly examined. One can appeal using realized facts (information). As a result, it is possible to hypothesize that the evidence is an image of rendered facts of objective reality. Therefore, to consider information about legal facts evidence, it must have a procedural form (written evidence, expert opinions, witness statements, etc.).","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121344134","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 : 1900-01-01DOI: 10.32782/2524-0374/2023-6/12
V. Antonov
{"title":"NATIONAL SECURITY STRATEGY OF UKRAINE IN THE MODERN CONDITIONS: TASKS AND PROBLEMS OF IMPLEMENTATION","authors":"V. Antonov","doi":"10.32782/2524-0374/2023-6/12","DOIUrl":"https://doi.org/10.32782/2524-0374/2023-6/12","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127078646","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 : 1900-01-01DOI: 10.32782/2524-0374/2021-11/189
Ye. O. Yakovlieva
{"title":"EMERGENCY INVESTIGATION ON WATER TRANSPORT: FORENSIC EXAMINATIONS","authors":"Ye. O. Yakovlieva","doi":"10.32782/2524-0374/2021-11/189","DOIUrl":"https://doi.org/10.32782/2524-0374/2021-11/189","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"107 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127112650","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 : 1900-01-01DOI: 10.32782/2524-0374/2022-12/1
A. Butenko
{"title":"THE STATE OF COMPLIANCE OF UKRAINIAN HIGHER EDUCATION QUALITY LEGISLATION WITH ESG 2015","authors":"A. Butenko","doi":"10.32782/2524-0374/2022-12/1","DOIUrl":"https://doi.org/10.32782/2524-0374/2022-12/1","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127121911","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 : 1900-01-01DOI: 10.32782/2524-0374/2022-11/62
T. V. Fedorenko, R.Yu. Rachynskyi
{"title":"ANALYSIS OF THE SOURCES OF MARRIAGE AND FAMILY RELATIONS ON THE EXAMPLES OF UKRAINE, GREAT BRITAIN (ENGLAND) AND FRANCE","authors":"T. V. Fedorenko, R.Yu. Rachynskyi","doi":"10.32782/2524-0374/2022-11/62","DOIUrl":"https://doi.org/10.32782/2524-0374/2022-11/62","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127299311","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 : 1900-01-01DOI: 10.32782/2524-0374/2022-4/75
O. Kolb
{"title":"ON SOME CRIMINAL LAW MEASURES TO PREVENT THEFT OF PROPERTY OBTAINED BY VOLUNTEER ORGANIZATIONS OF UKRAINE","authors":"O. Kolb","doi":"10.32782/2524-0374/2022-4/75","DOIUrl":"https://doi.org/10.32782/2524-0374/2022-4/75","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127467939","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 : 1900-01-01DOI: 10.32782/2524-0374/2019-4/65
A. Lyseiuk, Yu.S. Solovei
{"title":"CRIMINAL LEGAL AND CRIMINOLOGICAL CHARACTERISTICS OF CRIME ACTIVITIES AT HEALTH ENTERPRISES","authors":"A. Lyseiuk, Yu.S. Solovei","doi":"10.32782/2524-0374/2019-4/65","DOIUrl":"https://doi.org/10.32782/2524-0374/2019-4/65","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127490917","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 : 1900-01-01DOI: 10.32782/2524-0374/2020-5/40
Юридичний науковий, електронний журнал
The article examines the scientific positions of scientists on the separation of stages of disciplinary proceedings in law enforcement agencies and their features. Under the stages of disciplinary proceedings in the National Police to bring to disciplinary responsibility, it is proposed to understand the procedure regulated by administrative and procedural norms for independent, logically related procedural actions aimed at fulfilling their tasks within disciplinary proceedings to resolve and resolve disciplinary cases by adoption and implementation of a procedural decision within a period clearly defined by law. Direct appeal to the Disciplinary Statute of the National Police of Ukraine provided an opportunity to identify the following stages of disciplinary proceedings in the National Police to bring a police officer to disciplinary responsibility, namely: 1) stage of official investigation disciplinary misconduct, or direct detection of signs of such misconduct by a police official in the presence of sufficient data indicating signs of disciplinary misconduct); 2) consideration of the case of disciplinary misconduct and decision-making; 3) execution of the decision based on the results of the disciplinary case. The article proves that the stage of appealing the decision to apply disciplinary measures is an independent type of proceedings, because within this proceeding a specific task is solved for this type of proceedings, we have a corresponding range of subjects of proceedings, as well as a set of consistent legal actions. take place within a certain time frame and ultimately a decision is made on the case. It is proved that each stage of disciplinary proceedings in the bodies of the National Police has its own specifics, independent purpose of implementation, procedural act, which fixes the beginning and end of the stage.
{"title":"STAGES OF DISCIPLINARY PROCEEDINGS IN THE BODIES OF THE NATIONAL POLICE REGARDING DISCIPLINARY RESPONSIBILITY","authors":"Юридичний науковий, електронний журнал","doi":"10.32782/2524-0374/2020-5/40","DOIUrl":"https://doi.org/10.32782/2524-0374/2020-5/40","url":null,"abstract":"The article examines the scientific positions of scientists on the separation of stages of disciplinary proceedings in law enforcement agencies and their features. Under the stages of disciplinary proceedings in the National Police to bring to disciplinary responsibility, it is proposed to understand the procedure regulated by administrative and procedural norms for independent, logically related procedural actions aimed at fulfilling their tasks within disciplinary proceedings to resolve and resolve disciplinary cases by adoption and implementation of a procedural decision within a period clearly defined by law. Direct appeal to the Disciplinary Statute of the National Police of Ukraine provided an opportunity to identify the following stages of disciplinary proceedings in the National Police to bring a police officer to disciplinary responsibility, namely: 1) stage of official investigation disciplinary misconduct, or direct detection of signs of such misconduct by a police official in the presence of sufficient data indicating signs of disciplinary misconduct); 2) consideration of the case of disciplinary misconduct and decision-making; 3) execution of the decision based on the results of the disciplinary case. The article proves that the stage of appealing the decision to apply disciplinary measures is an independent type of proceedings, because within this proceeding a specific task is solved for this type of proceedings, we have a corresponding range of subjects of proceedings, as well as a set of consistent legal actions. take place within a certain time frame and ultimately a decision is made on the case. It is proved that each stage of disciplinary proceedings in the bodies of the National Police has its own specifics, independent purpose of implementation, procedural act, which fixes the beginning and end of the stage.","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"164 9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127534267","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 : 1900-01-01DOI: 10.32782/2524-0374/2022-10/140
O.O. Kyrbiatʼiev, Yu.A. Talapova
{"title":"SOME ANALYTICAL ASPECTS OF THE INTERNATIONAL LEGAL DIMENSION OF THE PROTECTION OF THE PROFESSIONAL ACTIVITIES OF LAW ENFORCEMENT BODIES EMPLOYEES","authors":"O.O. Kyrbiatʼiev, Yu.A. Talapova","doi":"10.32782/2524-0374/2022-10/140","DOIUrl":"https://doi.org/10.32782/2524-0374/2022-10/140","url":null,"abstract":"","PeriodicalId":249564,"journal":{"name":"Juridical scientific and electronic journal","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124737008","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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