Pub Date : 2021-09-29DOI: 10.32518/2617-4162-2021-3-198-205
Halyna Katolyk, L. Kovalchuk
The article analyzes the current problem of personality psychology of the modern world - the study of the features of the burnout syndrome, which is common among the "man-man" professions. The development of this syndrome is characteristic of altruistic professions, where working with people requires resources, dedication, emotional load and special attention. The main symptoms and manifestations of the burnout syndrome are outlined, its models and various theoretical approaches to its formation are considered. The article also includes an analysis of a practical study of the features of the manifestation of burnout in student youth, conducted using valid psychodiagnostic techniques.
{"title":"FEATURES OF THE BURNOUT SYNDROME AMONG STUDENTSPSYCHOLOGISTS DURING THE PANDEMIC","authors":"Halyna Katolyk, L. Kovalchuk","doi":"10.32518/2617-4162-2021-3-198-205","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-198-205","url":null,"abstract":"The article analyzes the current problem of personality psychology of the modern world - the study of the features of the burnout syndrome, which is common among the \"man-man\" professions. The development of this syndrome is characteristic of altruistic professions, where working with people requires resources, dedication, emotional load and special attention. The main symptoms and manifestations of the burnout syndrome are outlined, its models and various theoretical approaches to its formation are considered. The article also includes an analysis of a practical study of the features of the manifestation of burnout in student youth, conducted using valid psychodiagnostic techniques.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115468313","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-101-106
M. Kovaliv, L. Kuzo
In modern conditions of formation of civil society in Ukraine, more and more opportunities are created for the emergence of new forms, methods and other tools for public control over the activities of public administration bodies, including the police. Today, the police play an extremely important role in the state and public life of the country. After all, the police are the structure that has the ability to legally use coercion, and therefore can respond quickly to violations of human rights and freedoms, compared to other bodies. The article reveals the features of public control over the functioning of the National Police in Ukraine. The public and authoritative nature of the administrative activity of the National Police bodies, which is always under the purposeful public supervision and consists in the implementation of the administrative and legal powers assigned to the National Police in the interests of society, is analyzed. Citizens’ appeals are considered as a tool of public control over police activities and also one of the key tools by which the public responds to police activities.
{"title":"PUBLIC CONTROL OVER THE ACTIVITY OF THE NATIONAL POLICE IN UKRAINE","authors":"M. Kovaliv, L. Kuzo","doi":"10.32518/2617-4162-2021-3-101-106","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-101-106","url":null,"abstract":"In modern conditions of formation of civil society in Ukraine, more and more opportunities are created for the emergence of new forms, methods and other tools for public control over the activities of public administration bodies, including the police. Today, the police play an extremely important role in the state and public life of the country. After all, the police are the structure that has the ability to legally use coercion, and therefore can respond quickly to violations of human rights and freedoms, compared to other bodies. The article reveals the features of public control over the functioning of the National Police in Ukraine. The public and authoritative nature of the administrative activity of the National Police bodies, which is always under the purposeful public supervision and consists in the implementation of the administrative and legal powers assigned to the National Police in the interests of society, is analyzed. Citizens’ appeals are considered as a tool of public control over police activities and also one of the key tools by which the public responds to police activities.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124842517","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-163-168
V. Bondarenko, N. Pustova
The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.
{"title":"INSURANCE FUNCTIONS AS AN OBJECT OF FINANCIAL AND LEGAL REGULATION","authors":"V. Bondarenko, N. Pustova","doi":"10.32518/2617-4162-2021-3-163-168","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-163-168","url":null,"abstract":"The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116369285","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-50-56
Мaria Baran
. Information security as a subject of administrative and legal regulation is considered. The basic method of the research is a comprehensive system approach, on the basis of which a general and structural study of information security issues faced by the individual, society and the state is conducted. A comprehensive systematic approach is used by the basic method of the research, on the basis of which a general and structural study of information security issues faced by the individual, society and the state. The multifaceted nature of information and security determines the complexity, importance and relevance of the research on the problem from the point of view of the science of administrative and information law. The interrelation of national and information security, sources of threats to information security and ways of counteraction are revealed. It is established that as a subject of activity aimed at ensuring information security, it is necessary to consider a set of social relations regulated by legal support, the administrative and legal regulation of which depends on possible external influences. The subject area of administrative and legal regulation of information security has the following features: the inseparability of information relations or their conditionality; interconnectedness and interdependence of information relations with objects of national interests in the information sphere; the relationship of administrative and legal regulation of information security, taking into account the emergence, detection and prevention of threats to national interests in the information sphere in order to develop and apply mechanisms to effectively combat threats. Information security activities are expressed in administrative and legal regulation, the subject orientation of which is determined by a set of public relations in the information sphere, aimed at strengthening equal strategic partnership in the field of information security with NATO and the EU, protection of Ukraine’s sovereignty in the information space.
{"title":"INFORMATION SECURITY AS A SUBJECT OF ADMINISTRATIVE AND LEGAL REGULATION","authors":"Мaria Baran","doi":"10.32518/2617-4162-2021-3-50-56","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-50-56","url":null,"abstract":". Information security as a subject of administrative and legal regulation is considered. The basic method of the research is a comprehensive system approach, on the basis of which a general and structural study of information security issues faced by the individual, society and the state is conducted. A comprehensive systematic approach is used by the basic method of the research, on the basis of which a general and structural study of information security issues faced by the individual, society and the state. The multifaceted nature of information and security determines the complexity, importance and relevance of the research on the problem from the point of view of the science of administrative and information law. The interrelation of national and information security, sources of threats to information security and ways of counteraction are revealed. It is established that as a subject of activity aimed at ensuring information security, it is necessary to consider a set of social relations regulated by legal support, the administrative and legal regulation of which depends on possible external influences. The subject area of administrative and legal regulation of information security has the following features: the inseparability of information relations or their conditionality; interconnectedness and interdependence of information relations with objects of national interests in the information sphere; the relationship of administrative and legal regulation of information security, taking into account the emergence, detection and prevention of threats to national interests in the information sphere in order to develop and apply mechanisms to effectively combat threats. Information security activities are expressed in administrative and legal regulation, the subject orientation of which is determined by a set of public relations in the information sphere, aimed at strengthening equal strategic partnership in the field of information security with NATO and the EU, protection of Ukraine’s sovereignty in the information space.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132801918","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-68-76
O. Shynkaruk, V. Senyk, Oleg Zachek, Tatiana Maherovska
The paper analyzes the state of cyber security in Ukraine as a result of the COVID-19 pandemic. It is determined that the main reason for the aggravation of the situation in this area in 2020-2021 was the transition of an unprecedented number of citizens to remote working and an increase in the share of e-commerce. This situation has exacerbated existing and contributed to the emergence of new problems of legal, organizational, software and technical and other areas of cyber security in Ukraine. Based on the analysis of statistical data, analytical materials (obtained primarily from open sources of the Cyberpolice of Ukraine), international experience has shown that the COVID-19 pandemic most actively contributed to the development of such cybercrimes as: obtaining user credentials through malware distribution (usually phishing method); fraud schemes for the sale of personal protective equipment, medicines and other goods designed to prevent coronavirus (COVID-19) infection, as well as for the sale of other consumer goods; spreading misinformation and fakes in order to create panic and social instability in the state. The conducted analysis allowed to outline the main priority areas in counteracting this socially dangerous phenomenon. Among them: the need to intensify the activities of law enforcement agencies in Ukraine in cybercrime counteraction, to strengthen cooperation with law enforcement agencies of other countries; to create new and make amendments to existing regulatory legal acts to combat cyber threats, including on the basis of international experience and international standards; improvement of software and hardware of information and telecommunication systems; improving public awareness of the cyber security system in the country, etc.
{"title":"STATUS AND FEATURES OF CYBER CRIME COUNTERACTION IN UKRAINE IN THE CONDITIONS OF THE COVID-19 PANDEMIC","authors":"O. Shynkaruk, V. Senyk, Oleg Zachek, Tatiana Maherovska","doi":"10.32518/2617-4162-2021-3-68-76","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-68-76","url":null,"abstract":"The paper analyzes the state of cyber security in Ukraine as a result of the COVID-19 pandemic. It is determined that the main reason for the aggravation of the situation in this area in 2020-2021 was the transition of an unprecedented number of citizens to remote working and an increase in the share of e-commerce. This situation has exacerbated existing and contributed to the emergence of new problems of legal, organizational, software and technical and other areas of cyber security in Ukraine. Based on the analysis of statistical data, analytical materials (obtained primarily from open sources of the Cyberpolice of Ukraine), international experience has shown that the COVID-19 pandemic most actively contributed to the development of such cybercrimes as: obtaining user credentials through malware distribution (usually phishing method); fraud schemes for the sale of personal protective equipment, medicines and other goods designed to prevent coronavirus (COVID-19) infection, as well as for the sale of other consumer goods; spreading misinformation and fakes in order to create panic and social instability in the state. The conducted analysis allowed to outline the main priority areas in counteracting this socially dangerous phenomenon. Among them: the need to intensify the activities of law enforcement agencies in Ukraine in cybercrime counteraction, to strengthen cooperation with law enforcement agencies of other countries; to create new and make amendments to existing regulatory legal acts to combat cyber threats, including on the basis of international experience and international standards; improvement of software and hardware of information and telecommunication systems; improving public awareness of the cyber security system in the country, etc.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127243080","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-77-87
O. Batiuk, Serafyma Dmutriv
The normative legal acts of Ukraine and the member states of Europol and Eurojust are analyzed, which are part of joint investigation groups within the European Union in the organization of the investigation of military crimes. The authors have pointed out that the customary international law requires the states to exercise their jurisdiction and provides an opportunity to exercise the universal jurisdiction regarding the military crimes, which are not serious violations. The authors determine that the universal jurisdiction may be provided by the norm of international customary or treaty law. Universal jurisdiction can be exercised either by the adoption of internal legislative acts (legislative universal jurisdiction), or in the form of investigation of persons, who are suspected of committing offenses and their transfer to the court (lawful universal jurisdiction). The grounds for the exercise of universal jurisdiction regarding the military crimes are present in both international treaty and customary law. The authors suggest forming a single concept for the investigation of the military crimes that have been committed in the conditions of armed conflict and the criminal prosecution of perpetrators. Namely, this concept, according to the authors, is defined as one that has important scientific and practical significance, a comprehensive, interdisciplinary holistic theoretical system regarding the activity in special conditions, which in general brings together a set of theoretical provisions on specific patterns in the sphere of legal support, organization of investigation and collection of evidentiary information on military crimes, search, detention and transfer of officials, who are involved in committing military crimes, carrying out the international legal proceedings regarding the perpetrators. Such concept will allow uniting scientific provisions on the activities of criminal justice bodies in the condition of the armed conflict into a single system, which, in turn, contributes to the identification of unexplored issues and the systematic solution of relevant problems. It is important for investigative and judicial practice, because it equips the criminal justice authorities with scientifically sound recommendations regarding the organization of the investigation of military crimes, as well as the methods of their conduction.
{"title":"ON THE ISSUE OF ORGANIZATION OF MILITARY CRIMES INVESTIGATION","authors":"O. Batiuk, Serafyma Dmutriv","doi":"10.32518/2617-4162-2021-3-77-87","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-77-87","url":null,"abstract":"The normative legal acts of Ukraine and the member states of Europol and Eurojust are analyzed, which are part of joint investigation groups within the European Union in the organization of the investigation of military crimes. The authors have pointed out that the customary international law requires the states to exercise their jurisdiction and provides an opportunity to exercise the universal jurisdiction regarding the military crimes, which are not serious violations. The authors determine that the universal jurisdiction may be provided by the norm of international customary or treaty law. Universal jurisdiction can be exercised either by the adoption of internal legislative acts (legislative universal jurisdiction), or in the form of investigation of persons, who are suspected of committing offenses and their transfer to the court (lawful universal jurisdiction). The grounds for the exercise of universal jurisdiction regarding the military crimes are present in both international treaty and customary law. The authors suggest forming a single concept for the investigation of the military crimes that have been committed in the conditions of armed conflict and the criminal prosecution of perpetrators. Namely, this concept, according to the authors, is defined as one that has important scientific and practical significance, a comprehensive, interdisciplinary holistic theoretical system regarding the activity in special conditions, which in general brings together a set of theoretical provisions on specific patterns in the sphere of legal support, organization of investigation and collection of evidentiary information on military crimes, search, detention and transfer of officials, who are involved in committing military crimes, carrying out the international legal proceedings regarding the perpetrators. Such concept will allow uniting scientific provisions on the activities of criminal justice bodies in the condition of the armed conflict into a single system, which, in turn, contributes to the identification of unexplored issues and the systematic solution of relevant problems. It is important for investigative and judicial practice, because it equips the criminal justice authorities with scientifically sound recommendations regarding the organization of the investigation of military crimes, as well as the methods of their conduction.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114381762","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-142-148
Vasyl Franchuk, Pavlo Pryhunov, S. Melnyk
The theoretical foundations of the functioning of critical infrastructure, which focuses on critical analysis of the content of the concepts of critical infrastructure and critical infrastructure security are revealed in the article. The definition of a number of concepts in the field of critical infrastructure and its safety, which should be used in the relevant legal documents, is proposed and substantiated. The key factors to consider when organizing the security of critical infrastructure are suggested and grounded. It is determined that for the proper organization of the safety of critical infrastructure, the availability of official relevant legal documents and organizational structure is crucial, within which they should be divided into groups with clear content characteristics. Since, the structure of the security system of critical infrastructure facilities in Ukraine, the scope of security powers and responsibilities of their owners and the state will depend on their content. An expert assessment of the feasibility of standardization of basic security concepts and the organization of the security system of critical infrastructure is conducted. It is found that the formation of public-private partnership in the field of critical infrastructure security is important to increase the efficiency of this system. It has been established that security activity in the field of critical infrastructure is a rather complex process, which, in addition to security mechanisms, will include coordination, as well as activities that require appropriate management. All these factors require appropriate specialists, whose training and retraining should begin in higher education institutions that have educational and safety technologies, some experience with the involvement of practitioners. It is determined that the certification and maintenance of registers should be an important and obligatory element in the organization of security of critical infrastructure facilities.
{"title":"SAFETY OF CRITICAL INFRASTRUCTURE FACILITIES IN UKRAINE: ORGANIZATIONAL AND REGULATORY PROBLEMS AND APPROACHES","authors":"Vasyl Franchuk, Pavlo Pryhunov, S. Melnyk","doi":"10.32518/2617-4162-2021-3-142-148","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-142-148","url":null,"abstract":"The theoretical foundations of the functioning of critical infrastructure, which focuses on critical analysis of the content of the concepts of critical infrastructure and critical infrastructure security are revealed in the article. The definition of a number of concepts in the field of critical infrastructure and its safety, which should be used in the relevant legal documents, is proposed and substantiated. The key factors to consider when organizing the security of critical infrastructure are suggested and grounded. It is determined that for the proper organization of the safety of critical infrastructure, the availability of official relevant legal documents and organizational structure is crucial, within which they should be divided into groups with clear content characteristics. Since, the structure of the security system of critical infrastructure facilities in Ukraine, the scope of security powers and responsibilities of their owners and the state will depend on their content. An expert assessment of the feasibility of standardization of basic security concepts and the organization of the security system of critical infrastructure is conducted. It is found that the formation of public-private partnership in the field of critical infrastructure security is important to increase the efficiency of this system. It has been established that security activity in the field of critical infrastructure is a rather complex process, which, in addition to security mechanisms, will include coordination, as well as activities that require appropriate management. All these factors require appropriate specialists, whose training and retraining should begin in higher education institutions that have educational and safety technologies, some experience with the involvement of practitioners. It is determined that the certification and maintenance of registers should be an important and obligatory element in the organization of security of critical infrastructure facilities.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123591563","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-123-133
Vira Navrotska
It is stated, that within the resolution of claims in criminal proceedings, the relevant provisions of other branches of law (in particular, civil and civil procedural) should be applied in their close connection with criminal procedural and substantive norms. The position on the need to ignore the statute of limitations for criminal liability within the consideration of a civil lawsuit, has been criticized. It is also substantiated, that within the consideration of a civil lawsuit, both the statute of limitations and the statute of limitations for criminal liability should be taken into consideration. It is proved, that in process of setting the statute of limitations and the statute of limitations for criminal liability, the legislator was guided by different goals, wanted to achieve different interests, was «bound» by various restrictions. It is argued, that the statute of limitations for criminal liability and the statute of limitations are different in their nature, they arise under different legal relationships, they differs by the grounds for their arisen. The position of the Supreme Court, under which within the consideration of a civil lawsuit in criminal proceedings the court is not entitled to make a decision to refuse to satisfy it due to the expiration of the statute of limitations under the Civil Code of Ukraine, has been criticized. It is argued, that in order for a violated right to be protected within the consideration of a joint (civil) lawsuit, it is required, at least, that: a) since the day of the criminal offense committing and until the entry into the legal force of the sentence, the statute of limitations for criminal prosecution has not expired; b) the claim for protection of a civil right or interest may be satisfied within the limitation period (the exception is legal relations to which the statute of limitations does not apply).
{"title":"RESOLUTION OF CLAIMS IN CRIMINAL PROCEEDINGS AT DISPUTE AMONG «LIMITATION» TERMS","authors":"Vira Navrotska","doi":"10.32518/2617-4162-2021-3-123-133","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-123-133","url":null,"abstract":"It is stated, that within the resolution of claims in criminal proceedings, the relevant provisions of other branches of law (in particular, civil and civil procedural) should be applied in their close connection with criminal procedural and substantive norms. The position on the need to ignore the statute of limitations for criminal liability within the consideration of a civil lawsuit, has been criticized. It is also substantiated, that within the consideration of a civil lawsuit, both the statute of limitations and the statute of limitations for criminal liability should be taken into consideration. It is proved, that in process of setting the statute of limitations and the statute of limitations for criminal liability, the legislator was guided by different goals, wanted to achieve different interests, was «bound» by various restrictions. It is argued, that the statute of limitations for criminal liability and the statute of limitations are different in their nature, they arise under different legal relationships, they differs by the grounds for their arisen. The position of the Supreme Court, under which within the consideration of a civil lawsuit in criminal proceedings the court is not entitled to make a decision to refuse to satisfy it due to the expiration of the statute of limitations under the Civil Code of Ukraine, has been criticized. It is argued, that in order for a violated right to be protected within the consideration of a joint (civil) lawsuit, it is required, at least, that: a) since the day of the criminal offense committing and until the entry into the legal force of the sentence, the statute of limitations for criminal prosecution has not expired; b) the claim for protection of a civil right or interest may be satisfied within the limitation period (the exception is legal relations to which the statute of limitations does not apply).","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127532171","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-28-34
N. Bortnyk, S. Yesimov
In accordance with the methodology of the system analysis, the legal regulation of measures of administrative and procedural coercion applied in administrative and tort law is considered. An analysis of the current Code of Ukraine on Administrative Offenses and the draft Code of Ukraine on Administrative Offenses prepared by the Ministry of Justice of Ukraine and other normative acts is carried out. It is noted that measures to ensure proceedings in cases of administrative offenses occupy a special place in the current administrative legislation. Measures of administrative and procedural coercion are procedural actions of administrative jurisdiction bodies and their officials regulated by administrative and procedural norms, which are carried out in the process of law enforcement activity in order to identify the offense, establish the offender, create conditions for clarifying the circumstances of the case, identify, investigate and consolidate evidence, ensuring the execution of the decision in the case. Special features of administrative and procedural measures of coercion are determined. Considering the coercive nature and restrictions imposed by the application of personal, property, organizational rights, there is a need for detailed regulation of the grounds, conditions, procedure of such measures. The structural separation of measures of administrative and procedural coercion in the procedural part of the normative and legal act on administrative offenses is important. It proves the need for legal optimization of measures to ensure proceedings in cases of administrative offenses. With regard to each measure of administrative and procedural coercion to ensure the proceedings in the case of an administrative offense, the rules of the normative and legal act should include the content of the constituent actions, specific goals, grounds and conditions of application.
{"title":"LEGAL REGULATION OF MEASURES OF ADMINISTRATIVE AND PROCEDURAL COERCION","authors":"N. Bortnyk, S. Yesimov","doi":"10.32518/2617-4162-2021-3-28-34","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-28-34","url":null,"abstract":"In accordance with the methodology of the system analysis, the legal regulation of measures of administrative and procedural coercion applied in administrative and tort law is considered. An analysis of the current Code of Ukraine on Administrative Offenses and the draft Code of Ukraine on Administrative Offenses prepared by the Ministry of Justice of Ukraine and other normative acts is carried out. It is noted that measures to ensure proceedings in cases of administrative offenses occupy a special place in the current administrative legislation. Measures of administrative and procedural coercion are procedural actions of administrative jurisdiction bodies and their officials regulated by administrative and procedural norms, which are carried out in the process of law enforcement activity in order to identify the offense, establish the offender, create conditions for clarifying the circumstances of the case, identify, investigate and consolidate evidence, ensuring the execution of the decision in the case. Special features of administrative and procedural measures of coercion are determined. Considering the coercive nature and restrictions imposed by the application of personal, property, organizational rights, there is a need for detailed regulation of the grounds, conditions, procedure of such measures. The structural separation of measures of administrative and procedural coercion in the procedural part of the normative and legal act on administrative offenses is important. It proves the need for legal optimization of measures to ensure proceedings in cases of administrative offenses. With regard to each measure of administrative and procedural coercion to ensure the proceedings in the case of an administrative offense, the rules of the normative and legal act should include the content of the constituent actions, specific goals, grounds and conditions of application.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127472574","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 : 2021-09-29DOI: 10.32518/2617-4162-2021-3-107-114
Solomiia Vasyuk
The content of the activity of bodies and subdivisions of the National Police of Ukraine, which carry out operative response, is revealed. It is argued that the organizational-analytical support and operational response units of the National Police of Ukraine play a central role in organizing the immediate arrival of police officers to the applicant or at the specified scene in order to stop the offense, identify and detain the alleged offender, preserve traces of the offense and provide assistance victims within the powers of the police. The algorithm of response of police officers to statements and notifications about criminal, administrative offenses or other events coming from citizens, according to the requirements of the order of the Ministry of Internal Affairs of Ukraine is clarified. The main problems that arise during the prompt response of police units to statements and reports of criminal, administrative offenses or events are identified. The average total time of assignment of tasks to police squads in the territory of the region and the average total time of arrival of squads to the scene in August 2020 were analyzed. The topical issue of organizing the response to reports of offenses and other events through the use of logistics devices involved in police teams is analyzed. Coordination of patrols is singled out as one of the means to reduce deadlines and improve control over the passage of information from the call center «102» to the main executor, which leads to a real reduction in the time of arrival of police squads to the scene. Also, the main means of activity of dispatchers have been identified, which allow to manage police squads and reduce the time to respond to applications and notifications of citizens. The own definition of operative response as one of functions of divisions of organizational and analytical maintenance and operative response of National police of Ukraine is formulated.
{"title":"OPERATIONAL RESPONSE AS A FUNCTION OF ORGANIZATIONAL AND ANALYTICAL SUPPORT AND OPERATIONAL RESPONSE UNITS NATIONAL POLICE OF UKRAINE","authors":"Solomiia Vasyuk","doi":"10.32518/2617-4162-2021-3-107-114","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-107-114","url":null,"abstract":"The content of the activity of bodies and subdivisions of the National Police of Ukraine, which carry out operative response, is revealed. It is argued that the organizational-analytical support and operational response units of the National Police of Ukraine play a central role in organizing the immediate arrival of police officers to the applicant or at the specified scene in order to stop the offense, identify and detain the alleged offender, preserve traces of the offense and provide assistance victims within the powers of the police. The algorithm of response of police officers to statements and notifications about criminal, administrative offenses or other events coming from citizens, according to the requirements of the order of the Ministry of Internal Affairs of Ukraine is clarified. The main problems that arise during the prompt response of police units to statements and reports of criminal, administrative offenses or events are identified. The average total time of assignment of tasks to police squads in the territory of the region and the average total time of arrival of squads to the scene in August 2020 were analyzed. The topical issue of organizing the response to reports of offenses and other events through the use of logistics devices involved in police teams is analyzed. Coordination of patrols is singled out as one of the means to reduce deadlines and improve control over the passage of information from the call center «102» to the main executor, which leads to a real reduction in the time of arrival of police squads to the scene. Also, the main means of activity of dispatchers have been identified, which allow to manage police squads and reduce the time to respond to applications and notifications of citizens. The own definition of operative response as one of functions of divisions of organizational and analytical maintenance and operative response of National police of Ukraine is formulated.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132325866","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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