Pub Date : 2021-09-29DOI: 10.32518/2617-4162-2021-3-206-212
Lidiia Oryshchyn-Buzhdyhan
Sense of control over life events which happen in everyday life (personal and social) can play a role of a self-defence mechanism in stress situations that occurs in a crisis society. The research suggests that process of searching ways and methods to take control over stress events not only is a process of psychological adaptation to unusual stress situation but also is a natural instinct is presented in everyone. Interestingly, there is a lack of empirical studies of subjective sense of being in control and indicators of sense of personal control among young Ukrainians. The purpose of this article is to investigate indicators of sense of control factors’ distribution in two independent study of young Lviv citizens. The study uses established metrics called «subjective control measure». Two studies were conducted for proper assessment of working hypothesis. 90 participants of different sexes, aged from 14 to 35, who work and study in Lviv, took part in the first study. 68 female and male participants aged from 16 to 17, who were students of Lviv secondary school № 2, took part in the second study. The null hypothesis suggests that participants from the first and second study will have different subjective sense of control factors’ distribution. Factor analysis of the first study (2016) participants highlighted the following sense of control factors: measure of personal presentation in control, control factors for outside social world, methods of upbringing (education) and life principles, quality of implementation controls, future without obeying, pedantic control, democratic control, external presentation control, work process management control. In the second study (2017), factor analysis showed the following six sense of control indicators: structured progressive control, perfection business control, external presentation control, work accuracy control, over control, parental control. Next steps for the study will be the analysis of sense of control in participants of different ages on the basis of the improved «subjective control measure».
{"title":"INDICATORS OF SENSE OF CONTROL AT A YOUNG AGE: A COMPARATIVE ASPECT","authors":"Lidiia Oryshchyn-Buzhdyhan","doi":"10.32518/2617-4162-2021-3-206-212","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-206-212","url":null,"abstract":"Sense of control over life events which happen in everyday life (personal and social) can play a role of a self-defence mechanism in stress situations that occurs in a crisis society. The research suggests that process of searching ways and methods to take control over stress events not only is a process of psychological adaptation to unusual stress situation but also is a natural instinct is presented in everyone. Interestingly, there is a lack of empirical studies of subjective sense of being in control and indicators of sense of personal control among young Ukrainians. The purpose of this article is to investigate indicators of sense of control factors’ distribution in two independent study of young Lviv citizens. The study uses established metrics called «subjective control measure». Two studies were conducted for proper assessment of working hypothesis. 90 participants of different sexes, aged from 14 to 35, who work and study in Lviv, took part in the first study. 68 female and male participants aged from 16 to 17, who were students of Lviv secondary school № 2, took part in the second study. The null hypothesis suggests that participants from the first and second study will have different subjective sense of control factors’ distribution. Factor analysis of the first study (2016) participants highlighted the following sense of control factors: measure of personal presentation in control, control factors for outside social world, methods of upbringing (education) and life principles, quality of implementation controls, future without obeying, pedantic control, democratic control, external presentation control, work process management control. In the second study (2017), factor analysis showed the following six sense of control indicators: structured progressive control, perfection business control, external presentation control, work accuracy control, over control, parental control. Next steps for the study will be the analysis of sense of control in participants of different ages on the basis of the improved «subjective control measure».","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":"122178057","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: 10.32518/2617-4162-2021-3-88-94
Marian Hurkovskyi, Markiian Sydor
. From the standpoint of a system approach to the methodology of the research of legal phenomena, the theoretical foundations of the formation of highly qualified leading staff of the National Police are considered. The successful formation of a highly qualified police staff reserve requires the introduction of staff planning in the system of the Ministry of Internal Affairs of Ukraine and the National Police. The purposes of staff planning are determined: formation of police staff taking into account the current and future needs for personnel, the level of professional training of police officers, effective use of the potential of the available staff. The formation of a highly qualified leading staff of the National Police should be carried out based on the creation of a staff reserve. Staff reserve is a group of middle-ranking police officers in territorial bodies, institutions and organizations of the National Police. The group is formed in accordance with the established procedure based on individual selection and objective comprehensive assessment. Police officers who have passed the certification procedure, according to their personal and professional qualities, level of education are able to replace higher positions in the National Police of Ukraine. In order to increase the motivation of police officers to perform their duties (as one of the elements of career growth) successfully and conscientiously, it is advisable to introduce the indicator “rating of official and personal competence of a police officer”. The rating of official and personal competence is an indicator expressed in the quantitative calculation of mastering a set of competencies necessary for the implementation of daily practical activities and further career growth of a police officer. The rating includes professional motivation; general training and professional skills; the level of physiological readiness of the organism associated with the possibility of using physical force, special means and firearms in the performance of official tasks; level of psychological stability.
{"title":"FORMATION OF HIGHLY QUALIFIED LEADING STAFF OF THE NATIONAL POLICE","authors":"Marian Hurkovskyi, Markiian Sydor","doi":"10.32518/2617-4162-2021-3-88-94","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-88-94","url":null,"abstract":". From the standpoint of a system approach to the methodology of the research of legal phenomena, the theoretical foundations of the formation of highly qualified leading staff of the National Police are considered. The successful formation of a highly qualified police staff reserve requires the introduction of staff planning in the system of the Ministry of Internal Affairs of Ukraine and the National Police. The purposes of staff planning are determined: formation of police staff taking into account the current and future needs for personnel, the level of professional training of police officers, effective use of the potential of the available staff. The formation of a highly qualified leading staff of the National Police should be carried out based on the creation of a staff reserve. Staff reserve is a group of middle-ranking police officers in territorial bodies, institutions and organizations of the National Police. The group is formed in accordance with the established procedure based on individual selection and objective comprehensive assessment. Police officers who have passed the certification procedure, according to their personal and professional qualities, level of education are able to replace higher positions in the National Police of Ukraine. In order to increase the motivation of police officers to perform their duties (as one of the elements of career growth) successfully and conscientiously, it is advisable to introduce the indicator “rating of official and personal competence of a police officer”. The rating of official and personal competence is an indicator expressed in the quantitative calculation of mastering a set of competencies necessary for the implementation of daily practical activities and further career growth of a police officer. The rating includes professional motivation; general training and professional skills; the level of physiological readiness of the organism associated with the possibility of using physical force, special means and firearms in the performance of official tasks; level of psychological stability.","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":"116604337","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: 10.32518/2617-4162-2021-3-41-49
Svіatoslav Senyk
In modern Ukrainian legislation, there is a problem of legal regulation of the circulation of information resources, to which the state applies a special regime of restrictions. The most problematic is the legal regulation of the circulation of confidential information resources. This article is devoted to the solution of the specified problem. Based on the analysis of the results of previous research in this area, it is established that at the legal level there are no criteria on the basis of which there is a clear classification of information resources, in particular resources to which the state may impose a certain regime of restrictions. In addition, different pieces of legislation do not provide identical definitions of «confidential information» as one of the types of information with limited access. This creates conditions for the search for debatable provisions and the possibility of their ambiguous interpretation or practical application. In this regard, a number of codes and laws of Ukraine enshrine provisions on the basis of which certain information resources are classified as confidential information. Based on the results of this analysis, the authors of the article suggest: – bring the definition of «confidential information» to a single wording in all legislation; – amend the Law of Ukraine «On Information», supplementing Part 2 of Art. 21 «Information with limited access» in the words «except in cases aimed at the realization of human and civil rights and freedoms» and state it as follows: «Confidential is information about an individual, as well as information to which access is restricted by a natural or legal person, except subjects of power, except in cases aimed at the realization of human and civil rights and freedoms»; – create lists of information, which will establish the procedure for assigning certain information resources to confidential information for a particular field of activity (Ministry of Internal Affairs of Ukraine, National Police, Security Service of Ukraine, etc.), taking into account the provisions of a number of regulations of Ukraine.
{"title":"REGULATORY AND LEGAL PRINCIPLES OF CONFIDENTIAL INFORMATION CIRCULATION IN UKRAINE","authors":"Svіatoslav Senyk","doi":"10.32518/2617-4162-2021-3-41-49","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-41-49","url":null,"abstract":"In modern Ukrainian legislation, there is a problem of legal regulation of the circulation of information resources, to which the state applies a special regime of restrictions. The most problematic is the legal regulation of the circulation of confidential information resources. This article is devoted to the solution of the specified problem. Based on the analysis of the results of previous research in this area, it is established that at the legal level there are no criteria on the basis of which there is a clear classification of information resources, in particular resources to which the state may impose a certain regime of restrictions. In addition, different pieces of legislation do not provide identical definitions of «confidential information» as one of the types of information with limited access. This creates conditions for the search for debatable provisions and the possibility of their ambiguous interpretation or practical application. In this regard, a number of codes and laws of Ukraine enshrine provisions on the basis of which certain information resources are classified as confidential information. Based on the results of this analysis, the authors of the article suggest: – bring the definition of «confidential information» to a single wording in all legislation; – amend the Law of Ukraine «On Information», supplementing Part 2 of Art. 21 «Information with limited access» in the words «except in cases aimed at the realization of human and civil rights and freedoms» and state it as follows: «Confidential is information about an individual, as well as information to which access is restricted by a natural or legal person, except subjects of power, except in cases aimed at the realization of human and civil rights and freedoms»; – create lists of information, which will establish the procedure for assigning certain information resources to confidential information for a particular field of activity (Ministry of Internal Affairs of Ukraine, National Police, Security Service of Ukraine, etc.), taking into account the provisions of a number of regulations of Ukraine.","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":"116624765","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: 10.32518/2617-4162-2021-3-95-100
Yurii Dmytryk, Оleksandr Kondratіuk
The study is devoted to updating the use of profiling in the fight against crime in Ukraine. The concepts, content and main directions of application of profiling and its significance for combating crime by law enforcement agencies during operational and investigative activities are revealed. In recent years, there has been a steady interest in Ukraine in the psychological aspects of criminal offense and direct criminal behavior. On the one hand, this is due to the ever-widening range of research in this area, and on the other - the practical needs of law enforcement agencies. Unfortunately, the operational and investigative activities do not pay due attention to the psychological aspects of diagnosis and evaluation of the offender, resulting in problems with its detection and thus prevention of criminal activity at various stages of the crime, although in the civilized world profiling is considered one of the effective methods of fighting against crime. Work on updating the use of profiling among law enforcement agencies in Ukraine should be accompanied by domestic scientific and practical developments in this area. The lack of experience in the use of profiling in the activities of operational units is explained by the underestimation of its capabilities, which requires a deep scientific and practical rethinking and rapid both legislative and departmental response. Successfully tested foreign experience in the application of profiling should be updated in Ukraine among law enforcement agencies, which will ultimately help increase the effectiveness of crime prevention. In order to form primary knowledge and skills on psychological identification of illegal activities and persons involved in higher education institutions with specific learning conditions, it is necessary to resume the study of the discipline «Psychology of operational and investigative activities».
{"title":"PROFILING IN THE ACTIVITIES OF OPERATIONAL UNITS","authors":"Yurii Dmytryk, Оleksandr Kondratіuk","doi":"10.32518/2617-4162-2021-3-95-100","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-95-100","url":null,"abstract":"The study is devoted to updating the use of profiling in the fight against crime in Ukraine. The concepts, content and main directions of application of profiling and its significance for combating crime by law enforcement agencies during operational and investigative activities are revealed. In recent years, there has been a steady interest in Ukraine in the psychological aspects of criminal offense and direct criminal behavior. On the one hand, this is due to the ever-widening range of research in this area, and on the other - the practical needs of law enforcement agencies. Unfortunately, the operational and investigative activities do not pay due attention to the psychological aspects of diagnosis and evaluation of the offender, resulting in problems with its detection and thus prevention of criminal activity at various stages of the crime, although in the civilized world profiling is considered one of the effective methods of fighting against crime. Work on updating the use of profiling among law enforcement agencies in Ukraine should be accompanied by domestic scientific and practical developments in this area. The lack of experience in the use of profiling in the activities of operational units is explained by the underestimation of its capabilities, which requires a deep scientific and practical rethinking and rapid both legislative and departmental response. Successfully tested foreign experience in the application of profiling should be updated in Ukraine among law enforcement agencies, which will ultimately help increase the effectiveness of crime prevention. In order to form primary knowledge and skills on psychological identification of illegal activities and persons involved in higher education institutions with specific learning conditions, it is necessary to resume the study of the discipline «Psychology of operational and investigative 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":"122448646","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: 10.32518/2617-4162-2021-3-177-188
Z. Kisil, Roman-Volodymyr Kisil
The article states that in the context of the formation of a modern legal system, democratization of law-enforcement institutions, proclamation of a course of maximum efficiency of the rights and freedoms of citizens protection, one of the leading priorities of the Ministry of Internal Affairs of Ukraine is the procedure of the creation of a highly professional staff capable of effectively solving law enforcement tasks. Transformation of public administration, profound changes in the personnel structure of the Ministry of Internal Affairs of Ukraine, changes in the essence, goals and functional orientation of law enforcement activities require an expansion of the scope of research on the problems of professionalization in this area. Activity is an integral part of a person's lifestyle, an important factor in its formation and development as a member of society and an individual. Professional tasks execution, along with the maximum concentration on the positive results, can lead to side effects. One of them is professional deformation, which objectively represents not a fatal, but a really probable expense, the so-called shadow side of the profession. Subjectively, it is a tribute that a person unwillingly pays for excessive specialization, unquenchable passion for activities, the maximum level of demands to herself. Professional deformation can occur as a result of any activity. But most often, according to the different research, it affects representatives of such professions that involve activities of the type "man-man": teachers, actors, service workers, lawyers. This problem is highly important for law enforcement agencies because their representatives are dealing with intense deformation influence. Professional deformation as one of the complex and multisided problems of law enforcement requires a comprehensive, interdisciplinary solution of legal, managerial, psychological and other tasks. The professionalism of law enforcement personnel lags behind the growing demands of reality, so today, under the influence of a complex operational environment and criminalization of state life, the research under such problem of professionalization of personnel as the professional deformation of the employee and related problems of organization and management in the Ministry of Internal Affairs of Ukraine is becoming increasingly important.
{"title":"PSYCHO-EMOTIONAL TENSION AS A DETERMINANT OF PROFESSIONAL DEFORMATION OF EMPLOYEES OF THE NATIONAL POLICE OF UKRAINE","authors":"Z. Kisil, Roman-Volodymyr Kisil","doi":"10.32518/2617-4162-2021-3-177-188","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-177-188","url":null,"abstract":"The article states that in the context of the formation of a modern legal system, democratization of law-enforcement institutions, proclamation of a course of maximum efficiency of the rights and freedoms of citizens protection, one of the leading priorities of the Ministry of Internal Affairs of Ukraine is the procedure of the creation of a highly professional staff capable of effectively solving law enforcement tasks. Transformation of public administration, profound changes in the personnel structure of the Ministry of Internal Affairs of Ukraine, changes in the essence, goals and functional orientation of law enforcement activities require an expansion of the scope of research on the problems of professionalization in this area. Activity is an integral part of a person's lifestyle, an important factor in its formation and development as a member of society and an individual. Professional tasks execution, along with the maximum concentration on the positive results, can lead to side effects. One of them is professional deformation, which objectively represents not a fatal, but a really probable expense, the so-called shadow side of the profession. Subjectively, it is a tribute that a person unwillingly pays for excessive specialization, unquenchable passion for activities, the maximum level of demands to herself. Professional deformation can occur as a result of any activity. But most often, according to the different research, it affects representatives of such professions that involve activities of the type \"man-man\": teachers, actors, service workers, lawyers. This problem is highly important for law enforcement agencies because their representatives are dealing with intense deformation influence. Professional deformation as one of the complex and multisided problems of law enforcement requires a comprehensive, interdisciplinary solution of legal, managerial, psychological and other tasks. The professionalism of law enforcement personnel lags behind the growing demands of reality, so today, under the influence of a complex operational environment and criminalization of state life, the research under such problem of professionalization of personnel as the professional deformation of the employee and related problems of organization and management in the Ministry of Internal Affairs of Ukraine is becoming increasingly important.","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":"126677270","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: 10.32518/2617-4162-2021-3-156-162
Nataliya V. Blaga, V. Hobela
The mechanism of communication process and information security at an enterprise is considered. The theoretical aspects of the communications at the enterprise are based on the variety of its form and the relation of organizational and information structures: most activities have underlying links via information processes. Thus information security of communication process has a significant impact on the information security of the enterprise as a whole. In modern conditions and circumstances, the information security of the enterprise is largely reduced to cybersecurity and suffers from most threats of the latter. However, the human factor is responsible for most of the real facts of inflicting harm due to information security breaches. Thus, traditional mechanisms of privacy and confidentiality ensuring need to be adapted to new realities. New opportunities also set new requirements for understanding the very concept of information security: information must not only be protected but also timely and accurate as far as it is possible to be provided with modern telecommunication systems and information technologies: information security is a system of information protection of the enterprise – protection against theft, delayed and inaccurate providing of essential information to the recipient inside the enterprise or outside it. There are proposed and justified four principles necessary but not sufficient to ensure efficient mechanism of information security regarding communication process at small to medium enterprises. These include information awareness of staff even if they are not advanced with information technologies, traditional methods of protection against cyber threats such as passwords and encryption, control over information flows and the infrastructure that provides them, reliable cooperation and protection of remote access. These principles should be followed by managers at all levels.
{"title":"IMPROVEMENT OF INFORMATION SECURITY OF THE COMMUNICATION PROCESS AT THE ENTERPRISE","authors":"Nataliya V. Blaga, V. Hobela","doi":"10.32518/2617-4162-2021-3-156-162","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-156-162","url":null,"abstract":"The mechanism of communication process and information security at an enterprise is considered. The theoretical aspects of the communications at the enterprise are based on the variety of its form and the relation of organizational and information structures: most activities have underlying links via information processes. Thus information security of communication process has a significant impact on the information security of the enterprise as a whole. In modern conditions and circumstances, the information security of the enterprise is largely reduced to cybersecurity and suffers from most threats of the latter. However, the human factor is responsible for most of the real facts of inflicting harm due to information security breaches. Thus, traditional mechanisms of privacy and confidentiality ensuring need to be adapted to new realities. New opportunities also set new requirements for understanding the very concept of information security: information must not only be protected but also timely and accurate as far as it is possible to be provided with modern telecommunication systems and information technologies: information security is a system of information protection of the enterprise – protection against theft, delayed and inaccurate providing of essential information to the recipient inside the enterprise or outside it. There are proposed and justified four principles necessary but not sufficient to ensure efficient mechanism of information security regarding communication process at small to medium enterprises. These include information awareness of staff even if they are not advanced with information technologies, traditional methods of protection against cyber threats such as passwords and encryption, control over information flows and the infrastructure that provides them, reliable cooperation and protection of remote access. These principles should be followed by managers at all levels.","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":"125886187","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: 10.32518/2617-4162-2021-3-35-40
T. Tur
The functions of measures to ensure a claim in administrative proceedings are considered. Using the methodology of system analysis of legal phenomena, approaches to understanding the category of legal science "functions of ensuring an administrative claim" in the context of the implementation of guarantees for the protection of rights, freedoms and legitimate interests in administrative proceedings are described. At the general theoretical and methodological levels, the general and special functions of ensuring an administrative claim in the context of the Code of Administrative Procedure of Ukraine and the legal positions of the Supreme Court of Ukraine are distinguished and characterized. The general functions include system formation, information-oriented, security, goal setting, motivational, epistemological, educational, social control ones. The special functions of measures of ensuring the claim include such functions as guaranteeing judicial protection; ensuring compliance with the requirements of the administrative plaintiff; prevention of damage; restrictive; promoting effective judicial regulatory control; regulatory; compensatory; law enforcement; suspension of activity or action. The effectiveness of the legal norms regulating measures to ensure an administrative claim depends on the effectiveness and quality of the content. The criteria for the effectiveness and quality of the functions of ensuring an administrative claim include: validity, correctness, optimality, normativeness, mandatory nature, completeness, specificity. The study of the nature and process of implementation of the functions of measures to ensure a claim in the administrative proceedings allows to reveal in more detail their systemic and dynamic, structural qualities, role and place among other means of influence in resolving administrative disputes.
{"title":"FUNCTIONS OF MEASURES OF ENSURING A CLAIM IN ADMINISTRATIVE PROCEEDINGS","authors":"T. Tur","doi":"10.32518/2617-4162-2021-3-35-40","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-35-40","url":null,"abstract":"The functions of measures to ensure a claim in administrative proceedings are considered. Using the methodology of system analysis of legal phenomena, approaches to understanding the category of legal science \"functions of ensuring an administrative claim\" in the context of the implementation of guarantees for the protection of rights, freedoms and legitimate interests in administrative proceedings are described. At the general theoretical and methodological levels, the general and special functions of ensuring an administrative claim in the context of the Code of Administrative Procedure of Ukraine and the legal positions of the Supreme Court of Ukraine are distinguished and characterized. The general functions include system formation, information-oriented, security, goal setting, motivational, epistemological, educational, social control ones. The special functions of measures of ensuring the claim include such functions as guaranteeing judicial protection; ensuring compliance with the requirements of the administrative plaintiff; prevention of damage; restrictive; promoting effective judicial regulatory control; regulatory; compensatory; law enforcement; suspension of activity or action. The effectiveness of the legal norms regulating measures to ensure an administrative claim depends on the effectiveness and quality of the content. The criteria for the effectiveness and quality of the functions of ensuring an administrative claim include: validity, correctness, optimality, normativeness, mandatory nature, completeness, specificity. The study of the nature and process of implementation of the functions of measures to ensure a claim in the administrative proceedings allows to reveal in more detail their systemic and dynamic, structural qualities, role and place among other means of influence in resolving administrative disputes.","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":"131071511","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: 10.32518/2617-4162-2021-3-214-216
I. Klonowska
This monograph is determined that corruption as a phenomenon that is a natural result of the joint development and formation of both Ukraine and world community in general is one of the main criteria for distinguishing corruption offenses from corruption-related offenses, because signs of corruption-related offenses are as follows: no signs of corruption; actions violate requirements, prohibitions and restrictions established by the Law of Ukraine «On Prevention of Corruption»; committed by a person specified in Art. 3 of the Law of Ukraine «On Prevention of Corruption»; following legal liability is provided: criminal, administrative, disciplinary and/or civil. Specific proposals to address the most problematic issues of administrative liability for corruption-related offenses, which found their objectification in conclusions to the work and proposals to improve administrative and legal, as well as within certain criminal legal regulation of special confiscation in the legislation of Ukraine were formulated based on what was discovered during the study.
{"title":"Review of the monographic study «Corruption-related offenses: administrative legal grounds of counteraction» by Doctor of Legal Sciences Vasyl Franchuk and Doctor of Legal Sciences Dominika Daria Korecka-Szukiewicz (Warsaw: Publishing House «Difin»)","authors":"I. Klonowska","doi":"10.32518/2617-4162-2021-3-214-216","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-214-216","url":null,"abstract":"This monograph is determined that corruption as a phenomenon that is a natural result of the joint development and formation of both Ukraine and world community in general is one of the main criteria for distinguishing corruption offenses from corruption-related offenses, because signs of corruption-related offenses are as follows: no signs of corruption; actions violate requirements, prohibitions and restrictions established by the Law of Ukraine «On Prevention of Corruption»; committed by a person specified in Art. 3 of the Law of Ukraine «On Prevention of Corruption»; following legal liability is provided: criminal, administrative, disciplinary and/or civil. Specific proposals to address the most problematic issues of administrative liability for corruption-related offenses, which found their objectification in conclusions to the work and proposals to improve administrative and legal, as well as within certain criminal legal regulation of special confiscation in the legislation of Ukraine were formulated based on what was discovered during the study.","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":"121608611","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: 10.32518/2617-4162-2021-3-134-140
A. Anheleniuk
Recently in Ukraine, the methods of obtaining evidence during the pre-trial investigation have to to be improved, both in terms of their normative consolidation and the practice of application. Ways to improve criminal procedural activity should be planned taking into consideration the analysis of judicial practice, in particular the analysis of the evaluation of evidence in court for their relevance and admissibility. The purpose of the work is to improve the receipt of evidence in the criminal process of Ukraine in an appropriate manner, which will be a guarantee of their admissibility in court. The following methods were used: comparative – legal – to compare normative – legal regulations and court decisions relating to the recognition of evidence as appropriate and admissible in a particular criminal proceeding; formal-legal – to determine the decisions of the court concerning the evaluation of evidence in criminal proceedings; methods of logical and systematic analysis – to develop an effective proposal to improve the methods of obtaining evidence during the pre-trial investigation in Ukraine. Results. It is proposed to apply rapid tests to determine the drug substance during the detention of a person. In addition, it is proposed to ammend to Part 1 of Art. 233 of the Criminal Procedural Code of Ukraine, which regulates the right to break into the house or other property of a person with the voluntary consent of the person who owns them. It is proposed to consolidate the legal status of such a consent in order to avoid ambiguity of interpretation of the concept of voluntariness in court, in particular voluntary consent should be written in the form of a statement by the person himself with the obligatory indication of the relevant object of penetration. Conclusions. The appropriate method of obtaining evidence involves compliance with the procedural order of investigative (interrogative) or procedural actions. An indication of the proper way to obtain evidence is the correct choice of a specific action or a set of actions necessary for a quality investigation of criminal proceedings.
{"title":"APPROPRIATE PROCEDURE FOR OBTAINING EVIDENCE IN THE CRIMINAL PROCESS OF UKRAINE THROUGH THE PRISM OF COURT DECISIONS","authors":"A. Anheleniuk","doi":"10.32518/2617-4162-2021-3-134-140","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-134-140","url":null,"abstract":"Recently in Ukraine, the methods of obtaining evidence during the pre-trial investigation have to to be improved, both in terms of their normative consolidation and the practice of application. Ways to improve criminal procedural activity should be planned taking into consideration the analysis of judicial practice, in particular the analysis of the evaluation of evidence in court for their relevance and admissibility. The purpose of the work is to improve the receipt of evidence in the criminal process of Ukraine in an appropriate manner, which will be a guarantee of their admissibility in court. The following methods were used: comparative – legal – to compare normative – legal regulations and court decisions relating to the recognition of evidence as appropriate and admissible in a particular criminal proceeding; formal-legal – to determine the decisions of the court concerning the evaluation of evidence in criminal proceedings; methods of logical and systematic analysis – to develop an effective proposal to improve the methods of obtaining evidence during the pre-trial investigation in Ukraine. Results. It is proposed to apply rapid tests to determine the drug substance during the detention of a person. In addition, it is proposed to ammend to Part 1 of Art. 233 of the Criminal Procedural Code of Ukraine, which regulates the right to break into the house or other property of a person with the voluntary consent of the person who owns them. It is proposed to consolidate the legal status of such a consent in order to avoid ambiguity of interpretation of the concept of voluntariness in court, in particular voluntary consent should be written in the form of a statement by the person himself with the obligatory indication of the relevant object of penetration. Conclusions. The appropriate method of obtaining evidence involves compliance with the procedural order of investigative (interrogative) or procedural actions. An indication of the proper way to obtain evidence is the correct choice of a specific action or a set of actions necessary for a quality investigation of criminal proceedings.","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":"133945343","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: 10.32518/2617-4162-2021-3-20-27
Halyna Savchyn, V. Borovikova
The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.
{"title":"CONTENTS OF THE RIGHT TO CITIZENSHIP: CERTAIN ASPECTS","authors":"Halyna Savchyn, V. Borovikova","doi":"10.32518/2617-4162-2021-3-20-27","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-20-27","url":null,"abstract":"The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.","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":"123161268","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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