Pub Date : 2021-06-30DOI: 10.32518/2617-4162-2021-2-160-167
Iryna Moіseіenko, Iryna Koziy
Due to the high level of corruption, insufficient financial control and monitoring of money laundering operations in Ukraine, the financial system has become a very attractive target for illegal financial activities and illegal financial flows. This determines the relevance of the research in the field of financial investigations, the peculiarities of their organization in the field of financial monitoring. The purpose of the study is to determine the theoretical and methodological foundations of financial investigations to develop practical recommendations for improving the organization of financial investigations of dubious financial transactions. Methods: A normative method of comparative, structural-dynamic analysis of financial transactions monitoring data is used in the study as the method of analysis of financial transactions of money laundering. Results: The indicators of SPFM reports on financial transactions for 2015-2019, a number of financial reports on the risks of money laundering, and data on financial transactions in terms of signs of financial monitoring for 2014-2018 were analyzed. Conclusions. The methodological recommendations concern the organization of financial investigations in accordance with the updated legal norms in the field of financial monitoring of dubious financial transactions. The choice of research methods, the use of practical material on the organization of financial investigations in the field of financial monitoring, recommendations for improving the methodological support of financial investigations are positive aspects of the research.
{"title":"METHODICAL FUNDAMENTALS OF ANALYSIS OF FINANCIAL OPERATIONS OF ILLEGAL INCOME LAUNDERING","authors":"Iryna Moіseіenko, Iryna Koziy","doi":"10.32518/2617-4162-2021-2-160-167","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-160-167","url":null,"abstract":"Due to the high level of corruption, insufficient financial control and monitoring of money laundering operations in Ukraine, the financial system has become a very attractive target for illegal financial activities and illegal financial flows. This determines the relevance of the research in the field of financial investigations, the peculiarities of their organization in the field of financial monitoring. The purpose of the study is to determine the theoretical and methodological foundations of financial investigations to develop practical recommendations for improving the organization of financial investigations of dubious financial transactions. Methods: A normative method of comparative, structural-dynamic analysis of financial transactions monitoring data is used in the study as the method of analysis of financial transactions of money laundering. Results: The indicators of SPFM reports on financial transactions for 2015-2019, a number of financial reports on the risks of money laundering, and data on financial transactions in terms of signs of financial monitoring for 2014-2018 were analyzed. Conclusions. The methodological recommendations concern the organization of financial investigations in accordance with the updated legal norms in the field of financial monitoring of dubious financial transactions. The choice of research methods, the use of practical material on the organization of financial investigations in the field of financial monitoring, recommendations for improving the methodological support of financial investigations are positive aspects of the research.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125766582","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-141-150
Z. Zhyvko, O. Voronka
The subdivisions consider the main directions of formation of the optimal economic security management system at the enterprise. The concrete purposes of functioning of such system of management of economic safety of the enterprise are defined. Emphasis is placed on the need to create an effective economic security management system at the enterprise. It is pointed out that it is expedient to consider this problem through the prism of the analysis of the combination of satisfaction of economic and social needs of employees and ensuring the appropriate level of economic effect of economic entities. It is noted that the basis of the European approach to the development of personnel of the enterprise, which is a key element of ensuring the safety of the business entity through the improvement of organizational, educational and qualification structure of personnel. It is these processes that formed the basis of the concept of lifelong learning, the implementation of which in the business entity ensures the development of human capital, identification and transfer of hidden knowledge, promotion of competencies and use of learning environment that provides opportunities for lifelong learning, adaptation to market requirements. Emphasis is placed on the need for staff training, motivation and delegation of management powers, involvement in ensuring the security of the enterprise.
{"title":"FORMATION OF THE OPTIMAL SYSTEM OF ECONOMIC SECURITY: THEORETICAL AND METHODOLOGICAL ASPECT THROUGH THE PRISM OF THE SYSTEM OF LABOR MOTIVATION","authors":"Z. Zhyvko, O. Voronka","doi":"10.32518/2617-4162-2021-2-141-150","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-141-150","url":null,"abstract":"The subdivisions consider the main directions of formation of the optimal economic security management system at the enterprise. The concrete purposes of functioning of such system of management of economic safety of the enterprise are defined. Emphasis is placed on the need to create an effective economic security management system at the enterprise. It is pointed out that it is expedient to consider this problem through the prism of the analysis of the combination of satisfaction of economic and social needs of employees and ensuring the appropriate level of economic effect of economic entities. It is noted that the basis of the European approach to the development of personnel of the enterprise, which is a key element of ensuring the safety of the business entity through the improvement of organizational, educational and qualification structure of personnel. It is these processes that formed the basis of the concept of lifelong learning, the implementation of which in the business entity ensures the development of human capital, identification and transfer of hidden knowledge, promotion of competencies and use of learning environment that provides opportunities for lifelong learning, adaptation to market requirements. Emphasis is placed on the need for staff training, motivation and delegation of management powers, involvement in ensuring the security of the enterprise.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130707739","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-130-140
Olesia Datsko, N. Nakonechna, Olha Patsula
The article outlines systemic threats, substantiates the need and highlights mechanisms for strengthening the economic security of the citizens of Ukraine in the context of exacerbation of socio-political crisis and external challenges. The existing in inconsistency of basic social standards in Ukraine and their institutional provision with real conditions and needs of citizens causes inadequate state guarantee of its beneficiaries (citizens) rights to life, earnings, housing, health care and, in general, - to self-reproduction and development. Given the aggravation of socio-political and socio-economic crises, deepened by hostilities in eastern Ukraine, the annexation of the Autonomous Republic of Crimea, ensuring economic security of citizens, especially vulnerable groups - migrants, large and young families, the elderly is highly important. The main reason for the high level of vulnerability of socio-economic rights of citizens is the imperfection of state and regional policy, inefficient management of state resources, which leads to their privatization or hidden unfair redistribution of shadow schemes in favor of political elites. As a result, this fact has led to excessive stratification of the population in terms of income, when about 80% of the total population of Ukraine receives a monthly income below the real subsistence level, the spread of poverty among workers. The analysis shows that the reforms in Ukraine are carried out without proper forecasting and assessment of the expected effectiveness, taking into account the key performance indicators (KRI) to ensure the economic security of the main beneficiary of the state - a citizen of Ukraine. Further reform of the socio-economic sphere requires the introduction of institutional changes with the obligatory priority of economic security of the citizens.
{"title":"MECHANISMS FOR STRENGTHENING ECONOMIC SECURITY OF UKRAINIAN CITIZENS IN THE CONDITIONS OF SOCIO-POLITICAL CRISIS AND EXTERNAL CHALLENGES","authors":"Olesia Datsko, N. Nakonechna, Olha Patsula","doi":"10.32518/2617-4162-2021-2-130-140","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-130-140","url":null,"abstract":"The article outlines systemic threats, substantiates the need and highlights mechanisms for strengthening the economic security of the citizens of Ukraine in the context of exacerbation of socio-political crisis and external challenges. The existing in inconsistency of basic social standards in Ukraine and their institutional provision with real conditions and needs of citizens causes inadequate state guarantee of its beneficiaries (citizens) rights to life, earnings, housing, health care and, in general, - to self-reproduction and development. Given the aggravation of socio-political and socio-economic crises, deepened by hostilities in eastern Ukraine, the annexation of the Autonomous Republic of Crimea, ensuring economic security of citizens, especially vulnerable groups - migrants, large and young families, the elderly is highly important. The main reason for the high level of vulnerability of socio-economic rights of citizens is the imperfection of state and regional policy, inefficient management of state resources, which leads to their privatization or hidden unfair redistribution of shadow schemes in favor of political elites. As a result, this fact has led to excessive stratification of the population in terms of income, when about 80% of the total population of Ukraine receives a monthly income below the real subsistence level, the spread of poverty among workers. The analysis shows that the reforms in Ukraine are carried out without proper forecasting and assessment of the expected effectiveness, taking into account the key performance indicators (KRI) to ensure the economic security of the main beneficiary of the state - a citizen of Ukraine. Further reform of the socio-economic sphere requires the introduction of institutional changes with the obligatory priority of economic security of the citizens.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126322637","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-86-93
Vira Navrotska
The existence of significant reserves for the improvement of Ukraine’s domestic legislation norms in the issues of the criminal-procedural guarantees of the safety of the participants of the criminal proceedings strengthening has been stated. The need to expand the list of participants in criminal proceedings to whom security measures may be applied has been proved, due to including: a) persons who have declared another public dangerous act or otherwise participated in or facilitated the revealing, prevention, termination, or disclosure of another public dangerous act; b) civil plaintiffs, civil defendants and their representatives in cases of compensation for damage caused by other public dangerous acts; c) persons, who have committed another socially dangerous act prohibited by the Criminal Code of Ukraine; d) persons regarding which a decision to close criminal proceedings has been made (if they have not facilitated the revealing, termination or disclosure of criminal offenses or other public dangerous acts); e) convicted / acquitted; f) mortgagors; g) figurants. It is stated, that post-criminal impact on a participant in the proceedings is possible not only by causing harm to himself, family members, or close relatives but also by causing harm to any other person (with whom the participant is not connected by any family or close relations). It is proved, that post-criminal impact on a participant in the proceedings can manifest not only in the form of threats and other illegal measures but also do not formally go beyond the law.
{"title":"PROCEDURAL GUARANTEES FOR SAFETY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS STRENGTHENING","authors":"Vira Navrotska","doi":"10.32518/2617-4162-2021-2-86-93","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-86-93","url":null,"abstract":"The existence of significant reserves for the improvement of Ukraine’s domestic legislation norms in the issues of the criminal-procedural guarantees of the safety of the participants of the criminal proceedings strengthening has been stated. The need to expand the list of participants in criminal proceedings to whom security measures may be applied has been proved, due to including: a) persons who have declared another public dangerous act or otherwise participated in or facilitated the revealing, prevention, termination, or disclosure of another public dangerous act; b) civil plaintiffs, civil defendants and their representatives in cases of compensation for damage caused by other public dangerous acts; c) persons, who have committed another socially dangerous act prohibited by the Criminal Code of Ukraine; d) persons regarding which a decision to close criminal proceedings has been made (if they have not facilitated the revealing, termination or disclosure of criminal offenses or other public dangerous acts); e) convicted / acquitted; f) mortgagors; g) figurants. It is stated, that post-criminal impact on a participant in the proceedings is possible not only by causing harm to himself, family members, or close relatives but also by causing harm to any other person (with whom the participant is not connected by any family or close relations). It is proved, that post-criminal impact on a participant in the proceedings can manifest not only in the form of threats and other illegal measures but also do not formally go beyond the law.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134360846","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-39-44
Оlena Savayda
The article analyzes the historiography of the development of deontological knowledge and examines the main scientific works of the English philosopher and jurist Jeremiah Bentham, which are devoted to the problems of deontology. The main basic criteria set by a scientist for the professional component through the prism of moral requirements and various types of culture are considered, and attention is drawn in particular to the deontological foundations in law enforcement activities. We are talking about the need for law enforcement officers to realize the importance of their social mission as Guardians of law and freedom, who are obliged to risk their own lives in countering crime and offenses, and prevent violations of the rights and freedoms of citizens in their professional activities. This requirement of the deontological foundations of law enforcement has both a legal and moral dimension. Exploring and revealing the content of deontological foundations, attention is focused on the two main social regulators of social relations as morality and law. It is also noted that Ukraine, along with other European countries in its arsenal in the regulation of social relations has common values (meaning democratic, legal values), such as good (according to Je. Bentham), which is equated to natural and legal values. Therefore, in their professional activities and the regulation of public relations (especially conflicts), first of all, law enforcement agencies must adhere to such a specified value as good. The main theory of Je. Bentham – utilitarianism is also mentioned. The main idea of which is what needs to be done for the greatest happiness of the greatest number of people. And therefore, to denote the utilitarian system of ethics Je. Bentham introduces such a new concept as "deontology" – the doctrine of the right, proper (not only in life but also in professional activities).
{"title":"PHILOSOPHICAL AND LEGAL FORMATION OF DEONTOLOGICAL PRINCIPLES OF LAW ENFORCEMENT: A RETOSPECTIVE OF THE IDEAS OF JEREMY BENTHAM","authors":"Оlena Savayda","doi":"10.32518/2617-4162-2021-2-39-44","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-39-44","url":null,"abstract":"The article analyzes the historiography of the development of deontological knowledge and examines the main scientific works of the English philosopher and jurist Jeremiah Bentham, which are devoted to the problems of deontology. The main basic criteria set by a scientist for the professional component through the prism of moral requirements and various types of culture are considered, and attention is drawn in particular to the deontological foundations in law enforcement activities. We are talking about the need for law enforcement officers to realize the importance of their social mission as Guardians of law and freedom, who are obliged to risk their own lives in countering crime and offenses, and prevent violations of the rights and freedoms of citizens in their professional activities. This requirement of the deontological foundations of law enforcement has both a legal and moral dimension. Exploring and revealing the content of deontological foundations, attention is focused on the two main social regulators of social relations as morality and law. It is also noted that Ukraine, along with other European countries in its arsenal in the regulation of social relations has common values (meaning democratic, legal values), such as good (according to Je. Bentham), which is equated to natural and legal values. Therefore, in their professional activities and the regulation of public relations (especially conflicts), first of all, law enforcement agencies must adhere to such a specified value as good. The main theory of Je. Bentham – utilitarianism is also mentioned. The main idea of which is what needs to be done for the greatest happiness of the greatest number of people. And therefore, to denote the utilitarian system of ethics Je. Bentham introduces such a new concept as \"deontology\" – the doctrine of the right, proper (not only in life but also in professional activities).","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124429916","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-194-201
Olexandr Kutsyi
Introduction. The article is an attempt to solve the need for generalization, analysis and synthesis of the existing theoretical basis for organizational (corporate) culture. Particular attention should be paid to the analysis of typologies of organizational (corporate) culture and basic characteristics, properties, which can serve as a basis for clarifying its psychological component. Purpose. To offer the corresponding theoretical and hypothetical component with definition of directions of its research for the further improvement basing on the critical analysis of the offered theories of organizational (corporate) culture concerning their psychological component. Results. Organizational (corporate) culture as a concept is a natural attempt of talented managerspractitioners to explain, describe, explore and use in practice real and, at the same time, metaphorical phenomena that determine a socio-psychological level of functioning of such communities of people in the profession as organizations (corporations). And it is not in vain that everyone unanimously claims that it exists, is extremely important and influential, requires consideration in the activities of organizations, and better yet – management. Organizational culture as a concept has a well-founded content, components and functions, as well as the development of practices to improve the functioning of companies through the accounting and consideration of this phenomenon. However, the shortcoming in the scientific substantiation of the concept is the gaps in psychological research of both theoretical and experimental content. Thus, the developed typologies of organizational culture are not sufficiently substantiated and experimentally tested, which could negatively affect the inefficiency of the application of practical developments. Conclusion. As a result of theoretical analysis followed by the use of synthesis, a 3-criteria hypothetical variant of the typology of organizational culture was substantiated, namely: the need for control (deep power – anarchy), fundamental values (masculinity - femininity), the optimal way to achieve mission (individualism – collectivism). This is a hypothesis that requires experimental testing and is the direction of further research.
{"title":"THEORETICAL BASIS OF THE CONCEPT \"ORGANIZATIONAL CULTURE\": ANALYTICAL AND SYNTHETIC RESEARCH","authors":"Olexandr Kutsyi","doi":"10.32518/2617-4162-2021-2-194-201","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-194-201","url":null,"abstract":"Introduction. The article is an attempt to solve the need for generalization, analysis and synthesis of the existing theoretical basis for organizational (corporate) culture. Particular attention should be paid to the analysis of typologies of organizational (corporate) culture and basic characteristics, properties, which can serve as a basis for clarifying its psychological component. Purpose. To offer the corresponding theoretical and hypothetical component with definition of directions of its research for the further improvement basing on the critical analysis of the offered theories of organizational (corporate) culture concerning their psychological component. Results. Organizational (corporate) culture as a concept is a natural attempt of talented managerspractitioners to explain, describe, explore and use in practice real and, at the same time, metaphorical phenomena that determine a socio-psychological level of functioning of such communities of people in the profession as organizations (corporations). And it is not in vain that everyone unanimously claims that it exists, is extremely important and influential, requires consideration in the activities of organizations, and better yet – management. Organizational culture as a concept has a well-founded content, components and functions, as well as the development of practices to improve the functioning of companies through the accounting and consideration of this phenomenon. However, the shortcoming in the scientific substantiation of the concept is the gaps in psychological research of both theoretical and experimental content. Thus, the developed typologies of organizational culture are not sufficiently substantiated and experimentally tested, which could negatively affect the inefficiency of the application of practical developments. Conclusion. As a result of theoretical analysis followed by the use of synthesis, a 3-criteria hypothetical variant of the typology of organizational culture was substantiated, namely: the need for control (deep power – anarchy), fundamental values (masculinity - femininity), the optimal way to achieve mission (individualism – collectivism). This is a hypothesis that requires experimental testing and is the direction of further research.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126294941","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-188-193
A. Lehka
Introduction. The article is devoted to the coverage of one of the current methodological problems in modern psychology, which is insufficiently developed in practical terms, namely the study of the tendency to accumulation in adults. The essence of the concept of Messi syndrome is revealed, the characteristic features of persons with pathological accumulation are determined. Psychodiagnostic tools are substantiated and their characteristics are briefly presented. The results of an empirical study of the system of manifestation of the main features associated with pathological accumulation in adults are analyzed. Purpose. The purpose of the article is an empirical study of the psychological features of the manifestation of pathological accumulation in adults and the analysis of the severity of personal qualities associated with Messi syndrome. Methods. In order to study the characteristics of people with obsessive behavior we used the following psychodiagnostic techniques: "R. Cattell’s 16-factor personality questionnaire" (form C) and B. Dodonov’s questionnaire "Determination of general emotional orientation". Results. With the help of correlation analysis we were able to trace the existing positive and negative relationships between personal qualities and acquisition emotions. It has been proven that personal qualities and acquisition emotions are related by directly proportional and inversely proportional correlations. Conclusion. The results of the empirical study show us the complexity of the phenomenon of pathological accumulation in determining the development of personal qualities and emotional emotions in adults and provides an opportunity to use the identified features in the prevention and correction of relevant conditions.
{"title":"EMPIRICAL STUDY OF THE MAIN FEATURES OF PERSONS WITH OBSESSIVE BEHAVIOR: CORRELATION ANALYSIS","authors":"A. Lehka","doi":"10.32518/2617-4162-2021-2-188-193","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-188-193","url":null,"abstract":"Introduction. The article is devoted to the coverage of one of the current methodological problems in modern psychology, which is insufficiently developed in practical terms, namely the study of the tendency to accumulation in adults. The essence of the concept of Messi syndrome is revealed, the characteristic features of persons with pathological accumulation are determined. Psychodiagnostic tools are substantiated and their characteristics are briefly presented. The results of an empirical study of the system of manifestation of the main features associated with pathological accumulation in adults are analyzed. Purpose. The purpose of the article is an empirical study of the psychological features of the manifestation of pathological accumulation in adults and the analysis of the severity of personal qualities associated with Messi syndrome. Methods. In order to study the characteristics of people with obsessive behavior we used the following psychodiagnostic techniques: \"R. Cattell’s 16-factor personality questionnaire\" (form C) and B. Dodonov’s questionnaire \"Determination of general emotional orientation\". Results. With the help of correlation analysis we were able to trace the existing positive and negative relationships between personal qualities and acquisition emotions. It has been proven that personal qualities and acquisition emotions are related by directly proportional and inversely proportional correlations. Conclusion. The results of the empirical study show us the complexity of the phenomenon of pathological accumulation in determining the development of personal qualities and emotional emotions in adults and provides an opportunity to use the identified features in the prevention and correction of relevant conditions.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125026198","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-113-120
O. Tsyvinskyi
Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms "an individual fulfilling functions of representative of authority or local self-government" "organizational and regulatory function" and "administrative and economic functions", terms "an individual empowered fulfilling state functions or local self-government", "functions concerning administration of work with employees" and "functions of administration and disposal of other people’s property" accordingly.
{"title":"FEATURES OF PUBLIC OFFICIAL IN CRIMINAL LAW OF UKRAINE","authors":"O. Tsyvinskyi","doi":"10.32518/2617-4162-2021-2-113-120","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-113-120","url":null,"abstract":"Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms \"an individual fulfilling functions of representative of authority or local self-government\" \"organizational and regulatory function\" and \"administrative and economic functions\", terms \"an individual empowered fulfilling state functions or local self-government\", \"functions concerning administration of work with employees\" and \"functions of administration and disposal of other people’s property\" accordingly.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130488320","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-151-159
M. Kopytko, M. Veresklia
The article, based on the analysis of the evolution of the service sector, examines the scientific and theoretical foundations of consulting activities, highlighting aspects of the structure, types of consulting, as well as the reasons for the demand for consulting services. In the process of scientific research is determined by the use of methods of analysis, synthesis, grouping, formed the conditions for the spread of demand for consulting services in the world. It is determined that the problems that arise in modern enterprises and the significant level of uncertainty in the business environment, which causes uncertainty for managers, necessitate seeking help. The rapid progress of management consulting is also due to the lack of agreed standards (as opposed to such types of consulting as law or accounting), which allows almost any specialist, even a little knowledgeable in this matter, to consult. Today, there is a trend of colonization by American and European consulting markets in Asia, India and Eastern Europe. Thanks to this geopolitics, leading consulting firms receive more than a third of their profits. Recently, counselling in the social and public sectors has become attractive and profitable. Significant attention in the study is focused on the level of competition in the field of consulting in the world. Therefore, it is determined that the effectiveness of counseling directly depends on the personal participation and professionalism of a particular counselor. In this regard, the mutual understanding of the consultant and the client and their fruitful cooperation become especially important. The problems, tendencies and challenges faced by enterprises that require the involvement of external business consultants are analyzed, as well as the problems that accompany consulting companies in the process of activity. The analysis emphasized the peculiarities of the process of managing business units, as well as the impact on the level of economic security of economic entities.
{"title":"TRENDS AND CHALLENGES IN THE FIELD OF CONSULTING AND BUSINESS PROCESSES MANAGEMENT","authors":"M. Kopytko, M. Veresklia","doi":"10.32518/2617-4162-2021-2-151-159","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-151-159","url":null,"abstract":"The article, based on the analysis of the evolution of the service sector, examines the scientific and theoretical foundations of consulting activities, highlighting aspects of the structure, types of consulting, as well as the reasons for the demand for consulting services. In the process of scientific research is determined by the use of methods of analysis, synthesis, grouping, formed the conditions for the spread of demand for consulting services in the world. It is determined that the problems that arise in modern enterprises and the significant level of uncertainty in the business environment, which causes uncertainty for managers, necessitate seeking help. The rapid progress of management consulting is also due to the lack of agreed standards (as opposed to such types of consulting as law or accounting), which allows almost any specialist, even a little knowledgeable in this matter, to consult. Today, there is a trend of colonization by American and European consulting markets in Asia, India and Eastern Europe. Thanks to this geopolitics, leading consulting firms receive more than a third of their profits. Recently, counselling in the social and public sectors has become attractive and profitable. Significant attention in the study is focused on the level of competition in the field of consulting in the world. Therefore, it is determined that the effectiveness of counseling directly depends on the personal participation and professionalism of a particular counselor. In this regard, the mutual understanding of the consultant and the client and their fruitful cooperation become especially important. The problems, tendencies and challenges faced by enterprises that require the involvement of external business consultants are analyzed, as well as the problems that accompany consulting companies in the process of activity. The analysis emphasized the peculiarities of the process of managing business units, as well as the impact on the level of economic security of economic entities.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129532028","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 : 2021-06-30DOI: 10.32518/2617-4162-2021-2-175-179
Yuliia Petronchak, Bozhena Sidorets
The article explores the legal peculiarities of stock trading in issue and non-issue securities, starting from the emergence of stock exchange relations in medieval Europe, when such a priori activity was international. As of today, diachronic analysis of the legal nature of securities – objects of private international law, theoretically important at once for the three sciences – law, history and economics, and practically in demand for banking and stock exchange law, law-making activity of national and international levels. The main object of the study in this context is the analysis of the subject composition, that is, the list of rights and obligations of the parties to the legal relationship over the circulation of securities encumbered by a foreign element – an object that has become increasingly relevant lately. Foreign trade law is largely customary, and foreign exchange law is a priori, since it arose under international law when it was never called before, and only then reciprocated by national legal systems. Unlike trade legal relations, which emerged as domestic and gradually evolved and expanded, exchange relations emerged to regulate relations with a foreign element, and only then began to be realized within the legal relations of domestic ones. Therefore, it would be appropriate to consider the “genetically” securities institute an institution of private international law. The presented scientific material deals with the genesis and evolution of the source base of legal regulation of the securities market and the establishment of close interdisciplinary links between the history of state and law and international private law.
{"title":"THE INCEPTION OF SECURITIES TRADING AND THE LEGAL STATUS OF IT`S PARTICIPANTS","authors":"Yuliia Petronchak, Bozhena Sidorets","doi":"10.32518/2617-4162-2021-2-175-179","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-175-179","url":null,"abstract":"The article explores the legal peculiarities of stock trading in issue and non-issue securities, starting from the emergence of stock exchange relations in medieval Europe, when such a priori activity was international. As of today, diachronic analysis of the legal nature of securities – objects of private international law, theoretically important at once for the three sciences – law, history and economics, and practically in demand for banking and stock exchange law, law-making activity of national and international levels. The main object of the study in this context is the analysis of the subject composition, that is, the list of rights and obligations of the parties to the legal relationship over the circulation of securities encumbered by a foreign element – an object that has become increasingly relevant lately. Foreign trade law is largely customary, and foreign exchange law is a priori, since it arose under international law when it was never called before, and only then reciprocated by national legal systems. Unlike trade legal relations, which emerged as domestic and gradually evolved and expanded, exchange relations emerged to regulate relations with a foreign element, and only then began to be realized within the legal relations of domestic ones. Therefore, it would be appropriate to consider the “genetically” securities institute an institution of private international law. The presented scientific material deals with the genesis and evolution of the source base of legal regulation of the securities market and the establishment of close interdisciplinary links between the history of state and law and international private law.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129474627","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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