Pub Date : 1900-01-01DOI: 10.36059/978-966-397-179-7/86-105
O. Hanba
INTRODUCTION Scientific understanding of the nature and essence of legal relations by modern science will contribute to a deeper understanding of the characteristic features of specific legal relations that are inherent to the narrow spheres of law enforcement activities of the state. Namely, the sphere of border security of Ukraine is among them. The study of the process of origin, formation and development of legal relations in the sphere of border security of Ukraine is instructive and currently important, because it enables us to correctly ascertain their content, structure, specific features within our field of study under present circumstances on the basis of the previous achievements as well as objectively determine their future prospects. As the expert on the philosophical problems of legal science D. A. Kerimov rightly points out, knowledge of the essential completeness of the legal phenomena of the present (in our case these are legal relations), as well as all their qualitative sides outside the historical processes of evolution, is impossible, since something always remains in society from the past, the principles of the present and the origin of the future 1 . Logical in this approach is the true essence, and historical is its form, which is defined by the specific content. If the historical component makes it possible to investigate legal relations in their complete entirety, with all the coincidences, deviations, details that not rarely distort the objective logic of their development, then the logical component allows us to abstract from minor facts, irrelevant in total, to determine objective characteristics and features of the researched legal relations of a certain historical period, to trace the nature of internal relationships between structural elements (subject, object, content, etc.),
{"title":"PECULIARITIES OF ESTABLISHMENT AND DEVELOPMENT OF LEGAL RELATIONS IN THE SPHERE OF BORDER SECURITY OF UKRAINE","authors":"O. Hanba","doi":"10.36059/978-966-397-179-7/86-105","DOIUrl":"https://doi.org/10.36059/978-966-397-179-7/86-105","url":null,"abstract":"INTRODUCTION Scientific understanding of the nature and essence of legal relations by modern science will contribute to a deeper understanding of the characteristic features of specific legal relations that are inherent to the narrow spheres of law enforcement activities of the state. Namely, the sphere of border security of Ukraine is among them. The study of the process of origin, formation and development of legal relations in the sphere of border security of Ukraine is instructive and currently important, because it enables us to correctly ascertain their content, structure, specific features within our field of study under present circumstances on the basis of the previous achievements as well as objectively determine their future prospects. As the expert on the philosophical problems of legal science D. A. Kerimov rightly points out, knowledge of the essential completeness of the legal phenomena of the present (in our case these are legal relations), as well as all their qualitative sides outside the historical processes of evolution, is impossible, since something always remains in society from the past, the principles of the present and the origin of the future 1 . Logical in this approach is the true essence, and historical is its form, which is defined by the specific content. If the historical component makes it possible to investigate legal relations in their complete entirety, with all the coincidences, deviations, details that not rarely distort the objective logic of their development, then the logical component allows us to abstract from minor facts, irrelevant in total, to determine objective characteristics and features of the researched legal relations of a certain historical period, to trace the nature of internal relationships between structural elements (subject, object, content, etc.),","PeriodicalId":287722,"journal":{"name":"IMPLEMENTATION OF LAW POLICY IN THE SPHERE OF STATE BORDER SECURITY","volume":"1 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":"130291243","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: 10.36059/978-966-397-179-7/35-49
R. Liashuk
INTRODUCTION Local self-government in Ukraine is a state-guaranteed right and a real capacity of the territorial community of residents of a village or voluntary association of residents of several villages, settlements, cities – independently or under the responsibility of bodies and officials of local self-government to resolve issues of local importance within the Constitution and laws of Ukraine. Regulatory decisions can be made both directly by the territorial community through a local referendum and through representative bodies of local self-government (village, settlement, city, district and regional councils). Recent decades have become historic for local government in Ukraine. It has received public and state recognition, is enshrined in the Constitution of Ukraine, has developed a regulatory framework and has extensive experience. There was a rather intense and stable development of the science of municipal law, formed a domestic municipal law school. Established non-governmental organizations promoting local self-government: Association of Ukrainian Cities 1 , Interregional Union of Local Self-Government Bodies, Foundation for Promotion of Local Self-Government in Ukraine 2 and others.
{"title":"REALIZATION OF THE LEGISLATIVE COMPETENCE OF LOCAL MUNICIPALITY AUTHORITIES","authors":"R. Liashuk","doi":"10.36059/978-966-397-179-7/35-49","DOIUrl":"https://doi.org/10.36059/978-966-397-179-7/35-49","url":null,"abstract":"INTRODUCTION Local self-government in Ukraine is a state-guaranteed right and a real capacity of the territorial community of residents of a village or voluntary association of residents of several villages, settlements, cities – independently or under the responsibility of bodies and officials of local self-government to resolve issues of local importance within the Constitution and laws of Ukraine. Regulatory decisions can be made both directly by the territorial community through a local referendum and through representative bodies of local self-government (village, settlement, city, district and regional councils). Recent decades have become historic for local government in Ukraine. It has received public and state recognition, is enshrined in the Constitution of Ukraine, has developed a regulatory framework and has extensive experience. There was a rather intense and stable development of the science of municipal law, formed a domestic municipal law school. Established non-governmental organizations promoting local self-government: Association of Ukrainian Cities 1 , Interregional Union of Local Self-Government Bodies, Foundation for Promotion of Local Self-Government in Ukraine 2 and others.","PeriodicalId":287722,"journal":{"name":"IMPLEMENTATION OF LAW POLICY IN THE SPHERE OF STATE BORDER SECURITY","volume":"8 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":"131264977","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: 10.36059/978-966-397-179-7/106-123
O. Basarab
{"title":"THE CONCEPT OF DEVELOPMENT OF THE LEGISLATION AS THE WAY OF IMPROVEMENT OF THE REGULATORY FRAMEWORK OF THE STATE BORDER GUARD SERVICE OF UKRAINE","authors":"O. Basarab","doi":"10.36059/978-966-397-179-7/106-123","DOIUrl":"https://doi.org/10.36059/978-966-397-179-7/106-123","url":null,"abstract":"","PeriodicalId":287722,"journal":{"name":"IMPLEMENTATION OF LAW POLICY IN THE SPHERE OF STATE BORDER SECURITY","volume":"15 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":"131594898","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: 10.36059/978-966-397-179-7/17-34
A. Mota
INTRODUCTION The State Border Guard Service of Ukraine (hereinafter referred to as the SBGS of Ukraine), as a special-purpose law-enforcement agency fulfills tasks that are directly aimed at securing, protecting and exercising rights and freedoms of individual persons. This is due to both the powers to fight offenses and to the fact that the state border guard bodies perform their activities in areas of migration flows. During 1991–2018, the state border guard bodies of Ukraine apprehended 152.25 thousand illegal migrants, among whom 124.17 thousand – for illegal border crossing, 26.63 thousand – for violation of the rules of stay on the territory of the country, 1.45 thousand – for other offences. Officials of the state border guard bodies made a decision on forced return, forced expulsion and readmission of 42.05 thousand foreigners – offenders. The State Border Guard Service of Ukraine detained 2,054 illegal migrants in just 9 months of 2019 1 . The level of the threat of cross-border crime is estimated to be moderate but has a steady upward trend. Ukraine’s geographical location makes it attractive for the transit movement of illegal migrants and drugs. There are regular attempts at crossing the border by migrants and the illegal movement of goods 2 . Although the overall situation related to illegal migration through the Ukrainian territory remains stable, implementation of provisions of law-enforcement legislation based on generally accepted legal principles is of current interest. Respect for and observance of human rights and freedoms as a principle underlying activities of the bodies designed to control the
{"title":"ORGANIZING DETENTION OF ILLEGAL MIGRANTS ADMINISTRATIVELY APPREHENDED BY THE STATE BORDER GUARD SERVICE OF UKRAINE","authors":"A. Mota","doi":"10.36059/978-966-397-179-7/17-34","DOIUrl":"https://doi.org/10.36059/978-966-397-179-7/17-34","url":null,"abstract":"INTRODUCTION The State Border Guard Service of Ukraine (hereinafter referred to as the SBGS of Ukraine), as a special-purpose law-enforcement agency fulfills tasks that are directly aimed at securing, protecting and exercising rights and freedoms of individual persons. This is due to both the powers to fight offenses and to the fact that the state border guard bodies perform their activities in areas of migration flows. During 1991–2018, the state border guard bodies of Ukraine apprehended 152.25 thousand illegal migrants, among whom 124.17 thousand – for illegal border crossing, 26.63 thousand – for violation of the rules of stay on the territory of the country, 1.45 thousand – for other offences. Officials of the state border guard bodies made a decision on forced return, forced expulsion and readmission of 42.05 thousand foreigners – offenders. The State Border Guard Service of Ukraine detained 2,054 illegal migrants in just 9 months of 2019 1 . The level of the threat of cross-border crime is estimated to be moderate but has a steady upward trend. Ukraine’s geographical location makes it attractive for the transit movement of illegal migrants and drugs. There are regular attempts at crossing the border by migrants and the illegal movement of goods 2 . Although the overall situation related to illegal migration through the Ukrainian territory remains stable, implementation of provisions of law-enforcement legislation based on generally accepted legal principles is of current interest. Respect for and observance of human rights and freedoms as a principle underlying activities of the bodies designed to control the","PeriodicalId":287722,"journal":{"name":"IMPLEMENTATION OF LAW POLICY IN THE SPHERE OF STATE BORDER SECURITY","volume":"19 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":"125849760","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: 10.36059/978-966-397-179-7/50-66
L. Timofeyeva
{"title":"EUROPEAN INTEGRATION CRIMINAL LAW POLICY AND ACHIEVEMENT OF FREEDOM AND SECURITY","authors":"L. Timofeyeva","doi":"10.36059/978-966-397-179-7/50-66","DOIUrl":"https://doi.org/10.36059/978-966-397-179-7/50-66","url":null,"abstract":"","PeriodicalId":287722,"journal":{"name":"IMPLEMENTATION OF LAW POLICY IN THE SPHERE OF STATE BORDER SECURITY","volume":"24 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":"116625704","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: 10.36059/978-966-397-179-7/1-16
N. Orlovska
INTRODUCTION Experts believe that the modern answer to the negative aspects of globalization is so-called “glocalization” – the process of various spheres of human existence reaction at the local levels to world globalization. In other words, “glocalization” presents itself a kind of effort to reduce the severity of the contradictions of international development in the regional and even bilateral plane. At the same time the role and importance of state borders which are intended, on the one hand, to divide different political and institutional systems, and on the other, to provide contact between different state entities, are growing. In such circumstances the issues of border security are aggravated, since the contradictions of the country’s development in international, regional and national aspects are most clearly revealed in the border space. Border security was constituted around the turn of the XX and XXI centuries 1 . And until its basic elements are not clearly outlined, it complicates accurate analysis and preparation of appropriate recommendations 2 . However, even with the current development of these issues seems a narrowed approach in which the purpose of border security is to foresee the creation of favorable factors for the national interests at the border 3 . In our opinion, threats to the state border inviolability, to human rights and
{"title":"THE CRIMINAL LAW ASPECTS OF UKRAINIAN BORDER SECURITY PROVIDING","authors":"N. Orlovska","doi":"10.36059/978-966-397-179-7/1-16","DOIUrl":"https://doi.org/10.36059/978-966-397-179-7/1-16","url":null,"abstract":"INTRODUCTION Experts believe that the modern answer to the negative aspects of globalization is so-called “glocalization” – the process of various spheres of human existence reaction at the local levels to world globalization. In other words, “glocalization” presents itself a kind of effort to reduce the severity of the contradictions of international development in the regional and even bilateral plane. At the same time the role and importance of state borders which are intended, on the one hand, to divide different political and institutional systems, and on the other, to provide contact between different state entities, are growing. In such circumstances the issues of border security are aggravated, since the contradictions of the country’s development in international, regional and national aspects are most clearly revealed in the border space. Border security was constituted around the turn of the XX and XXI centuries 1 . And until its basic elements are not clearly outlined, it complicates accurate analysis and preparation of appropriate recommendations 2 . However, even with the current development of these issues seems a narrowed approach in which the purpose of border security is to foresee the creation of favorable factors for the national interests at the border 3 . In our opinion, threats to the state border inviolability, to human rights and","PeriodicalId":287722,"journal":{"name":"IMPLEMENTATION OF LAW POLICY IN THE SPHERE OF STATE BORDER SECURITY","volume":"127 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":"122536481","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: 10.36059/978-966-397-179-7/67-85
Liudmyla Litvin
INTRODUCTION Since effective date of independence, Ukraine has faced new threats caused by the newly formed and existing in 1991 state borders. It is a threat to the territorial integrity and sovereignty of Ukraine, the terrorist threat, the growth of transnational and organized crime and illegal migration, smuggling of weapons, explosives and drugs, in the context of the present military conflict on the territory of the state. An integral attribute and spatial basis of existence of the state is its territory, the boundaries of which are determined by the state border, and within which it has sovereignty and territorial supremacy. Today, this fundamental basis in relation to Ukraine as a state has been grossly violated by the Russian Federation, which inflicts aggressive actions with the aim of destroying our state and seizing its territory. Therefore, the issue of protection and defense of the state border without exaggeration is more acute and urgent than ever and refers both to the state as a whole and to its individual institutions.
{"title":"CRIMINAL ACTIVITY THAT ENCROACHES ON THE INTEGRITY OF THE STATE BORDER OF UKRAINE","authors":"Liudmyla Litvin","doi":"10.36059/978-966-397-179-7/67-85","DOIUrl":"https://doi.org/10.36059/978-966-397-179-7/67-85","url":null,"abstract":"INTRODUCTION Since effective date of independence, Ukraine has faced new threats caused by the newly formed and existing in 1991 state borders. It is a threat to the territorial integrity and sovereignty of Ukraine, the terrorist threat, the growth of transnational and organized crime and illegal migration, smuggling of weapons, explosives and drugs, in the context of the present military conflict on the territory of the state. An integral attribute and spatial basis of existence of the state is its territory, the boundaries of which are determined by the state border, and within which it has sovereignty and territorial supremacy. Today, this fundamental basis in relation to Ukraine as a state has been grossly violated by the Russian Federation, which inflicts aggressive actions with the aim of destroying our state and seizing its territory. Therefore, the issue of protection and defense of the state border without exaggeration is more acute and urgent than ever and refers both to the state as a whole and to its individual institutions.","PeriodicalId":287722,"journal":{"name":"IMPLEMENTATION OF LAW POLICY IN THE SPHERE OF STATE BORDER SECURITY","volume":"58 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":"129984170","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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