Pub Date : 1900-01-01DOI: 10.36059/978-966-397-113-1/176-195
K. Katerynchuk
INTRODUCTION Development of Ukraine as sovereign, independent, democratic, social and law-governed state requires regulation of certain public relations through the prism of law. It is the adoption of criminal-legal norms that is the evidence of the fact that the state, from the point of view of social necessity, makes decisions to impose some socially dangerous bans. The first step (stage) of criminal-legal norm “birth” is its conditionality, namely, factors being the recondition of further criminalization of one or another action, resulted in appropriate consolidation of the norm in regulatory legal act such as the Criminal Code of Ukraine. Legal imposition of new criminal-legal bans has to be reasonable, scientifically justified and meets the needs of society development 1 . A mechanism of social conditionality of law includes the following stages: – Emergence of the necessity to regulate certain relations legally; – Public opinion formation and the activity of state competent authority on legal norm adoption – law-making activity. That is why “... one should understand under the social conditionality of law the compliance, adequacy of law to public relations regulated, its ability to reflect objective needs of public life. The property of social conditionality of law is expressed in the fact that, first of all, the law should be a dynamic system, reacting tactfully to the changes in social reality” 2 . For example, M. J. Korzhansky stated that “social conditionality of criminallegal protection is determined, in general, by social worth of public relations, economic factors and by the efficiency of legal protection” 3 .
乌克兰作为主权、独立、民主、社会和法治国家的发展需要通过法律的棱镜来调节某些公共关系。正是刑事法律规范的采用证明了这样一个事实，即从社会必要性的角度来看，国家决定实施一些具有社会危险性的禁令。刑法规范“诞生”的第一步(阶段)是其条件性，即对一种或另一种行为进行进一步刑事化的因素，导致规范在乌克兰刑法等规范性法律行为中得到适当的巩固。新的刑事法律禁令的法律实施必须是合理的，科学的，符合社会发展的需要。法律的社会条件性机制包括以下几个阶段:-法律规范某些关系的必要性的出现;-舆论形成和国家主管机关对法律规范采纳的活动-立法活动。这就是为什么……要理解法律在社会条件下对公共关系的合规性、充分性及其反映公共生活客观需要的能力。法律的社会制约性表现为:首先，法律应当是一个动态的系统，对社会现实的变化作出机智的反应。例如，M. J. Korzhansky指出，“刑事法律保护的社会条件一般由公共关系的社会价值、经济因素和法律保护的效率决定”。
{"title":"SOCIAL CONDITIONALITY OF CRIMINAL LIABILITY OF CRIMES AGAINST PERSON’S HEALTH","authors":"K. Katerynchuk","doi":"10.36059/978-966-397-113-1/176-195","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/176-195","url":null,"abstract":"INTRODUCTION Development of Ukraine as sovereign, independent, democratic, social and law-governed state requires regulation of certain public relations through the prism of law. It is the adoption of criminal-legal norms that is the evidence of the fact that the state, from the point of view of social necessity, makes decisions to impose some socially dangerous bans. The first step (stage) of criminal-legal norm “birth” is its conditionality, namely, factors being the recondition of further criminalization of one or another action, resulted in appropriate consolidation of the norm in regulatory legal act such as the Criminal Code of Ukraine. Legal imposition of new criminal-legal bans has to be reasonable, scientifically justified and meets the needs of society development 1 . A mechanism of social conditionality of law includes the following stages: – Emergence of the necessity to regulate certain relations legally; – Public opinion formation and the activity of state competent authority on legal norm adoption – law-making activity. That is why “... one should understand under the social conditionality of law the compliance, adequacy of law to public relations regulated, its ability to reflect objective needs of public life. The property of social conditionality of law is expressed in the fact that, first of all, the law should be a dynamic system, reacting tactfully to the changes in social reality” 2 . For example, M. J. Korzhansky stated that “social conditionality of criminallegal protection is determined, in general, by social worth of public relations, economic factors and by the efficiency of legal protection” 3 .","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":" 21","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120829571","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: 10.36059/978-966-397-113-1/143-156
Zadyraka N. Yu
{"title":"THE PUBLIC PROPERTY INSTITUTION IN THE MODERN SYSTEM OF GENERAL AND SPECIAL ADMINISTRATIVE LAW","authors":"Zadyraka N. Yu","doi":"10.36059/978-966-397-113-1/143-156","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/143-156","url":null,"abstract":"","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"14 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":"127365852","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: 10.36059/978-966-397-113-1/284-301
S. V. Petkov
{"title":"ADMINISTRATIVE LAW REFORM IN THE CONTEXT OF HUMAN RIGHTS","authors":"S. V. Petkov","doi":"10.36059/978-966-397-113-1/284-301","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/284-301","url":null,"abstract":"","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","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":"125977508","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: 10.36059/978-966-397-113-1/47-64
K. V. Bortnyak
INTRODUCTION Radical changes are taking place in the world and international law must change with them. Sovereign states still predominate and power remains the decisive element in the prevailing international order. International organizations still have to operate within their mandates and are under the sway of powerful states or voting majorities. And yet, there is room for structural change in the content and procedures of international law of the future, which must become an international law of security and protection with the United Nations indispensably in the forefront. The fundamental aim of the text below is to deal with the concept and models of global security as one of the crucial topics of global politics studies. We have to keep in mind that a term and notion of security usually implies a kind of sense of protection and safety from different possible harms coming from “outside”. Therefore, it can be generally acceptable and understandable that the states want to protect their own territories by expanding great resources in making their territorial safe. Security topics are of very different kind, ranging from the causes of conflict between states to deterioration in the global climate or women’s rights in global politics. The question of Security Studies as an academic discipline within the scope of Global Politics has been the subject of much debate and one of the most prosperous ways to deal with global security is firstly to analyze different standpoints which are existing within the research discipline. The article, in one word, will try to provide the readers with a basic approaches in the academic field of Security Studies with some necessary personal remarks by the author.
{"title":"MODERN AND HISTORICAL ASPECT OF THE INTERNATIONAL SECURITY OF THE STATE","authors":"K. V. Bortnyak","doi":"10.36059/978-966-397-113-1/47-64","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/47-64","url":null,"abstract":"INTRODUCTION Radical changes are taking place in the world and international law must change with them. Sovereign states still predominate and power remains the decisive element in the prevailing international order. International organizations still have to operate within their mandates and are under the sway of powerful states or voting majorities. And yet, there is room for structural change in the content and procedures of international law of the future, which must become an international law of security and protection with the United Nations indispensably in the forefront. The fundamental aim of the text below is to deal with the concept and models of global security as one of the crucial topics of global politics studies. We have to keep in mind that a term and notion of security usually implies a kind of sense of protection and safety from different possible harms coming from “outside”. Therefore, it can be generally acceptable and understandable that the states want to protect their own territories by expanding great resources in making their territorial safe. Security topics are of very different kind, ranging from the causes of conflict between states to deterioration in the global climate or women’s rights in global politics. The question of Security Studies as an academic discipline within the scope of Global Politics has been the subject of much debate and one of the most prosperous ways to deal with global security is firstly to analyze different standpoints which are existing within the research discipline. The article, in one word, will try to provide the readers with a basic approaches in the academic field of Security Studies with some necessary personal remarks by the author.","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"284 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":"123310835","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: 10.36059/978-966-397-113-1/322-345
V. Fedorenko
{"title":"LEGAL STATUS OF POLITICAL PARTIES IN UKRAINE: PROBLEMS","authors":"V. Fedorenko","doi":"10.36059/978-966-397-113-1/322-345","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/322-345","url":null,"abstract":"","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"72 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":"131675645","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: 10.36059/978-966-397-113-1/121-142
Yuliia Dorokhina
{"title":"CORRUPTION AS A THREAT FOR CRITICAL INFRASTRUCTURE OBJECTS","authors":"Yuliia Dorokhina","doi":"10.36059/978-966-397-113-1/121-142","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/121-142","url":null,"abstract":"","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"13 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":"128363636","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: 10.36059/978-966-397-113-1/26-46
V. A. Bortnyak
{"title":"FINANCIAL CONTROL IN THE FINANCIAL MANAGEMENT SYSTEM","authors":"V. A. Bortnyak","doi":"10.36059/978-966-397-113-1/26-46","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/26-46","url":null,"abstract":"","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"44 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":"114924674","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: 10.36059/78-966-397-113-1/2-25
V. Bevzenko
INTRODUCTION Administrative Court of Cassation of the Supreme Court (hereinafter referred to as Administrative Court of Cassation, the Court) as well as local administrative courts and administrative courts of appeal based on the Code of Administrative Legal Proceedings of Ukraine (hereinafter referred to as the CAP of Ukraine) have the right to approve judicial decisions (court determinations, resolutions, orders) (Art. 241 of the Code of Administrative Legal Proceedings of Ukraine), that according to this Court are the most suitable for actual circumstances of the administrative case, procedural resolutions, actions, inaction of Legal Proceedings participants, provisions of procedural and substantive legislation 2 . In fact, when the judge of Administrative Court of Cassation in accordance with Art. 31 of the Code of Administrative Legal Proceedings of Ukraine receives a statement of claim, a statement, a petition, a cassation appeal, a revocation, an objection to the applications filed or petitions (Articles 160, 162, 163, 164, 166, 330, 334, 338, 344 of the CAP of Ukraine), he faces not an easy choice as to which procedural decision he should approve. The necessity to make a reasonable choice is objectively inherent in the whole process of considering and resolving an administrative case and all the procedural actions associated with it. A judge is not just before a choice, having the opportunity to choose one solution from several. The judicial decision is always preceded by the complex, judge’s continuous research activity, involving a critical evaluation of actual circumstances of the case, procedural decisions, actions, inaction of the participants in judicial procedure, the local administrative court, the administrative court of appeal, in gathering evidence, comparing them with the actual circumstances of the case and,
{"title":"CONTENT AND TYPES OF PROCEDURAL DISCRETION OF ADMINISTRATIVE COURT OF CASSATION OF THE SUPREME COURT: PRELIMINARY THOUGHTS","authors":"V. Bevzenko","doi":"10.36059/78-966-397-113-1/2-25","DOIUrl":"https://doi.org/10.36059/78-966-397-113-1/2-25","url":null,"abstract":"INTRODUCTION Administrative Court of Cassation of the Supreme Court (hereinafter referred to as Administrative Court of Cassation, the Court) as well as local administrative courts and administrative courts of appeal based on the Code of Administrative Legal Proceedings of Ukraine (hereinafter referred to as the CAP of Ukraine) have the right to approve judicial decisions (court determinations, resolutions, orders) (Art. 241 of the Code of Administrative Legal Proceedings of Ukraine), that according to this Court are the most suitable for actual circumstances of the administrative case, procedural resolutions, actions, inaction of Legal Proceedings participants, provisions of procedural and substantive legislation 2 . In fact, when the judge of Administrative Court of Cassation in accordance with Art. 31 of the Code of Administrative Legal Proceedings of Ukraine receives a statement of claim, a statement, a petition, a cassation appeal, a revocation, an objection to the applications filed or petitions (Articles 160, 162, 163, 164, 166, 330, 334, 338, 344 of the CAP of Ukraine), he faces not an easy choice as to which procedural decision he should approve. The necessity to make a reasonable choice is objectively inherent in the whole process of considering and resolving an administrative case and all the procedural actions associated with it. A judge is not just before a choice, having the opportunity to choose one solution from several. The judicial decision is always preceded by the complex, judge’s continuous research activity, involving a critical evaluation of actual circumstances of the case, procedural decisions, actions, inaction of the participants in judicial procedure, the local administrative court, the administrative court of appeal, in gathering evidence, comparing them with the actual circumstances of the case and,","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"7 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":"130240932","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: 10.36059/978-966-397-113-1/219-236
N. Milovska
Ukrainian integration into the European Union (hereinafter referred to as the EU) is impossible without national legislation harmonization with the EU legislation being mandatory precondition of successful implementation of European aspirations of our state. However, the adaptation process, having started from the moment of entering into force of Partnership and co-operation agreement between the European communities and their member states, and Ukraine, 1 according to which the policy to the harmonization of national legislation with the EU legislation and law has been proclaimed, is not so easy, taking into account a large scope of normative material in all primary adaptation fields, one of them is the field of service provision, including insurance services. The daily life of the state in general, as well as its individual people, is accompanied by certain risks, that is why insurance as a category reflecting a special domain of society relations is one of the most efficient legal instruments ensuring the protection of property interests of natural persons and legal entities from possible costs and losses, caused by property damage or loss due to acts of God, road traffic accidents, nonperformance of obligations by counterparties to the agreement etc. At the same time, insurance as a necessary element of society socio-economic system is not only an institution of ensuring of property interest renewal of natural persons and legal entities due to certain life situations connected with sudden danger, but also one of the most stable source of long-term investment. It is determined by the fact that today there is a great necessity in insurance services along with other types of services. Currently, the legal regulation of relations in insurance service provision in Ukraine is carried out by Chapter 67 of the Civil Code of
{"title":"ADAPTATION OF UKRAINIAN LEGISLATION TO EU LEGISLATION IN THE FIELD OF CONTRACTUAL INSURANCE RELATIONS","authors":"N. Milovska","doi":"10.36059/978-966-397-113-1/219-236","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/219-236","url":null,"abstract":"Ukrainian integration into the European Union (hereinafter referred to as the EU) is impossible without national legislation harmonization with the EU legislation being mandatory precondition of successful implementation of European aspirations of our state. However, the adaptation process, having started from the moment of entering into force of Partnership and co-operation agreement between the European communities and their member states, and Ukraine, 1 according to which the policy to the harmonization of national legislation with the EU legislation and law has been proclaimed, is not so easy, taking into account a large scope of normative material in all primary adaptation fields, one of them is the field of service provision, including insurance services. The daily life of the state in general, as well as its individual people, is accompanied by certain risks, that is why insurance as a category reflecting a special domain of society relations is one of the most efficient legal instruments ensuring the protection of property interests of natural persons and legal entities from possible costs and losses, caused by property damage or loss due to acts of God, road traffic accidents, nonperformance of obligations by counterparties to the agreement etc. At the same time, insurance as a necessary element of society socio-economic system is not only an institution of ensuring of property interest renewal of natural persons and legal entities due to certain life situations connected with sudden danger, but also one of the most stable source of long-term investment. It is determined by the fact that today there is a great necessity in insurance services along with other types of services. Currently, the legal regulation of relations in insurance service provision in Ukraine is carried out by Chapter 67 of the Civil Code of","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"48 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":"124528681","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: 10.36059/978-966-397-113-1/262-283
M. P. Nediukha
{"title":"CRITICISM AS A CONCEPT OF CLASSICAL SCIENCE AND A SOCIAL PHENOMENON OF CIVIL SOCIETY: THE POTENTIAL OF CONSTITUTIONAL AND INTERNATIONAL LAW (AS EXEMPLIFIED BY THE UKRAINIAN SOCIETY)","authors":"M. P. Nediukha","doi":"10.36059/978-966-397-113-1/262-283","DOIUrl":"https://doi.org/10.36059/978-966-397-113-1/262-283","url":null,"abstract":"","PeriodicalId":253937,"journal":{"name":"THEORETICAL AND PRACTICAL ASPECTS OF MODERN JURISPRUDENCE DEVELOPMENT: THE EXPERIENCE OF EUROPEAN COUNTRIES AND PROSPECTS FOR UKRAINE","volume":"28 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":"115761602","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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