Pub Date : 2021-06-30DOI: 10.32518/2617-4162-2021-2-122-129
Mariia Vinichuk, Angela Ryzhkova
The article identifies basic concepts and problems of the shadow economy, factors that cause its emergence and spreading. A comparative analysis of the the concept definition of "the shadow economy" was conducted. The main approaches to the methodological tools for determining the level of the shadow economy were studied. The main ways of unshadowing of the economy, priority measures to combat tax evasion and legalization of income of the shadow economy were proposed. In order to prevent the shadowing of the economy, it is proposed to strengthen control over economic activities outside the formal sector and criminal liability for illegal actions.
{"title":"PROBLEM-TARGET PROGRAMMING OF UNSHADOWING OF THE ECONOMY OF UKRAINE IN THE CONTEXT OF BALANCED SOCIO-ECONOMIC DEVELOPMENT","authors":"Mariia Vinichuk, Angela Ryzhkova","doi":"10.32518/2617-4162-2021-2-122-129","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-122-129","url":null,"abstract":"The article identifies basic concepts and problems of the shadow economy, factors that cause its emergence and spreading. A comparative analysis of the the concept definition of \"the shadow economy\" was conducted. The main approaches to the methodological tools for determining the level of the shadow economy were studied. The main ways of unshadowing of the economy, priority measures to combat tax evasion and legalization of income of the shadow economy were proposed. In order to prevent the shadowing of the economy, it is proposed to strengthen control over economic activities outside the formal sector and criminal liability for illegal actions.","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":"121509835","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: 10.32518/2617-4162-2021-2-12-18
V. Bondarenko, N. Pustova
The article deals with the views of scholars on legal influence in the system of social influence. Using a systematic methodology for the study of legal phenomena, the social system is revealed in its relationship with law and legal influence from the standpoint of modern theory of law. Social norms in the system of social influence are characterized. It is noted that the main purpose of social norms is to ensure the system nature of social relations, orderliness, organization, and focus on socially useful results. In the context of the modern understanding of these legal institutions, such types of regulators of social relations as custom, tradition, moral, religious, political, corporate and legal norms are distinguished. A feature of legal influence is a specific toolkit, which consists in a unique set of legal means, methods and techniques of influence, through which law affects people and society. Psychological, economic, organizational and managerial, political, cultural and religious direction of influence cannot be effective without the influence of the legal, because law regulates in detail the important aspects of public life and consolidates the interests of society. Issues of economic organization, the functioning of the political system, and some issues of organization of cultural life of society are reflected in law. Other areas affect certain aspects of human life. These areas actively interact, having a comprehensive impact on society. Each type of social norms has shortcomings, but, acting in the system, they affect various aspects of the human psyche, ensuring the fullness of social influence, contributing to the common goal – the desired state of social life. Legal influence has a special place in the system of social influence.
{"title":"LEGAL INFLUENCE IN THE SYSTEM OF SOCIAL INFLUENCE","authors":"V. Bondarenko, N. Pustova","doi":"10.32518/2617-4162-2021-2-12-18","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-12-18","url":null,"abstract":"The article deals with the views of scholars on legal influence in the system of social influence. Using a systematic methodology for the study of legal phenomena, the social system is revealed in its relationship with law and legal influence from the standpoint of modern theory of law. Social norms in the system of social influence are characterized. It is noted that the main purpose of social norms is to ensure the system nature of social relations, orderliness, organization, and focus on socially useful results. In the context of the modern understanding of these legal institutions, such types of regulators of social relations as custom, tradition, moral, religious, political, corporate and legal norms are distinguished. A feature of legal influence is a specific toolkit, which consists in a unique set of legal means, methods and techniques of influence, through which law affects people and society. Psychological, economic, organizational and managerial, political, cultural and religious direction of influence cannot be effective without the influence of the legal, because law regulates in detail the important aspects of public life and consolidates the interests of society. Issues of economic organization, the functioning of the political system, and some issues of organization of cultural life of society are reflected in law. Other areas affect certain aspects of human life. These areas actively interact, having a comprehensive impact on society. Each type of social norms has shortcomings, but, acting in the system, they affect various aspects of the human psyche, ensuring the fullness of social influence, contributing to the common goal – the desired state of social life. Legal influence has a special place in the system of social influence.","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":"115997341","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: 10.32518/2617-4162-2021-2-107-112
N. Tuz, M. Shevtsiv
The article examines the issues of detention of individuals who can be used in their professional activities by police officers following the Scandinavian model of public order and security during violations of the order of mass events. Sometimes, during violations of the relevant mass events, police officers must counteract such conduct which violates certain rights and freedoms of others, which behave peacefully, calmly, in accordance with the clear rules provided for by national and international law. In some places, in order to stop the above-mentioned acts, the police are forced to apply, on legal grounds, coercive measures, which are provided by the Law of Ukraine “On the National Police”. However, it must always be borne in mind that the right to peaceful assembly is a fundamental human right and the use of force must be kept to a minimum so as not to harm human life or health and to restore public order and safety. Dialogue and conversation between police officers are important in detaining people who violate public order and security, as well as for those who are nearby during various types of gatherings. Here we need to understand the message, the reasons or motives for the detention, and, in general, the attempt to communicate and talk to the detainee. Detention of persons, quite often, is an effective way to ensure the order of peaceful assemblies, to ensure the realization of citizens' rights to peaceful assemblies. Detention can be carried out by personnel - police officers in uniform, and officers who perform their duties in ordinary, casual clothes. Police officers often detain people for various types of offenses. The difference between ordinary detention and detention during demonstrations is in the presence of certain factors that need to be addressed.
{"title":"INDIVIDUAL ARREST TECHNIQUES THAT CAN BE USED BY POLICE OFFICERS ACCORDING TO THE SCANDINAVIAN MODEL OF PUBLIC ORDER AND SECURITY DURING A PUBLIC EVENT VIOLATION","authors":"N. Tuz, M. Shevtsiv","doi":"10.32518/2617-4162-2021-2-107-112","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-107-112","url":null,"abstract":"The article examines the issues of detention of individuals who can be used in their professional activities by police officers following the Scandinavian model of public order and security during violations of the order of mass events. Sometimes, during violations of the relevant mass events, police officers must counteract such conduct which violates certain rights and freedoms of others, which behave peacefully, calmly, in accordance with the clear rules provided for by national and international law. In some places, in order to stop the above-mentioned acts, the police are forced to apply, on legal grounds, coercive measures, which are provided by the Law of Ukraine “On the National Police”. However, it must always be borne in mind that the right to peaceful assembly is a fundamental human right and the use of force must be kept to a minimum so as not to harm human life or health and to restore public order and safety. Dialogue and conversation between police officers are important in detaining people who violate public order and security, as well as for those who are nearby during various types of gatherings. Here we need to understand the message, the reasons or motives for the detention, and, in general, the attempt to communicate and talk to the detainee. Detention of persons, quite often, is an effective way to ensure the order of peaceful assemblies, to ensure the realization of citizens' rights to peaceful assemblies. Detention can be carried out by personnel - police officers in uniform, and officers who perform their duties in ordinary, casual clothes. Police officers often detain people for various types of offenses. The difference between ordinary detention and detention during demonstrations is in the presence of certain factors that need to be addressed.","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":"131309785","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: 10.32518/2617-4162-2021-2-46-56
U. Vorobel
The article researches the peculiarities of return of court fees in connection with the completion of a civil case without a court judgement in the form of leaving the application without consideration of legal regulation, analyzes the issues of this institute in judicial practice, and provides suggestions for improving its legal regulation. Attention has been drawn to the fact that since the court fee is one of the basic categories of access to justice, and therefore an element of the right of a person to judicial protection enjoyment, and the need to ensure the balance of interests of the state and the individual in regulating the legal basis of court fees payment, the grounds for the application of this procedural institute must be exhaustive and may not be subject to extended interpretation. Based on the comparative analysis of the legal regulation of the return of court fees institute, and in particular the legislative regulation of such grounds for its application as completion of civil proceedings without a court judgement in the form of leaving the application without consideration, it was found a legislative tendency to reduce the list of the very grounds for leaving the application without consideration, with the use of which the return of court fees is allowed. Examples of jurisprudence in the field of application of each ground of leaving the application without consideration through the prism of the institute of return of court fees have been given. Attention has been drawn to the fact that although in the process of amending the civil procedural legislation, which took place with the adoption of the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts", such grounds as leaving by the plaintiff (his/her representative) of the courtroom was removed from the "general list" of grounds for leaving the application without consideration under Part 1 of Art. 257 CPC of Ukraine, it still exists, because it was left by the legislator in the article governing the consequences of non-appearance at the hearing of the parties (Part 6 of Art. 223 CPC of Ukraine). It has been constituted that item 4 of Part 1 Art. 7 of the Law of Ukraine "On Court Fees" provides the opportunity to return the court fee in case of completion of a civil case without a court judgement in the form of leaving the application without consideration on all grounds except those that constitute exceptions by law, and in particular the grounds established by items 3, 5 and 9 of Part 1 Art. 257 CPC of Ukraine, as well as Part 6 of Art. 223 CPC of Ukraine.
{"title":"RETURN OF COURT FEE IN CONNECTION WITH LEAVING THE APPLICATION WITHOUT CONSIDERATION IN THE CIVIL PROCEEDINGS OF UKRAINE","authors":"U. Vorobel","doi":"10.32518/2617-4162-2021-2-46-56","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-46-56","url":null,"abstract":"The article researches the peculiarities of return of court fees in connection with the completion of a civil case without a court judgement in the form of leaving the application without consideration of legal regulation, analyzes the issues of this institute in judicial practice, and provides suggestions for improving its legal regulation. Attention has been drawn to the fact that since the court fee is one of the basic categories of access to justice, and therefore an element of the right of a person to judicial protection enjoyment, and the need to ensure the balance of interests of the state and the individual in regulating the legal basis of court fees payment, the grounds for the application of this procedural institute must be exhaustive and may not be subject to extended interpretation. Based on the comparative analysis of the legal regulation of the return of court fees institute, and in particular the legislative regulation of such grounds for its application as completion of civil proceedings without a court judgement in the form of leaving the application without consideration, it was found a legislative tendency to reduce the list of the very grounds for leaving the application without consideration, with the use of which the return of court fees is allowed. Examples of jurisprudence in the field of application of each ground of leaving the application without consideration through the prism of the institute of return of court fees have been given. Attention has been drawn to the fact that although in the process of amending the civil procedural legislation, which took place with the adoption of the Law of Ukraine \"On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts\", such grounds as leaving by the plaintiff (his/her representative) of the courtroom was removed from the \"general list\" of grounds for leaving the application without consideration under Part 1 of Art. 257 CPC of Ukraine, it still exists, because it was left by the legislator in the article governing the consequences of non-appearance at the hearing of the parties (Part 6 of Art. 223 CPC of Ukraine). It has been constituted that item 4 of Part 1 Art. 7 of the Law of Ukraine \"On Court Fees\" provides the opportunity to return the court fee in case of completion of a civil case without a court judgement in the form of leaving the application without consideration on all grounds except those that constitute exceptions by law, and in particular the grounds established by items 3, 5 and 9 of Part 1 Art. 257 CPC of Ukraine, as well as Part 6 of Art. 223 CPC of Ukraine.","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":"129115922","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: 10.32518/2617-4162-2021-2-206-208
Marek Dzierzega
This monograph is the first comprehensive study in Ukraine on administrative liability for corruptionrelated offenses. Research considers: concept and signs of corruption; progress of legislation on administrative liability for corruption-related offenses; regulation of liability for corruption-related offenses in legislation of foreign countries; objective features of the corpus delicti; subjective features of the corpus delicti; theoretical and applied problems of liability for corruption-related offenses; prospects for improving of liability for corruptionrelated offenses. Legal analysis of provisions of current administrative legislation of Ukraine on liability for committing corruption-related offenses and anti-corruption legislation of the Republic of Poland was made during the research.
{"title":"REVIEW OF THE MONOGRAPH \"CORRUPTION-RELATED OFFENSES: ADMINISTRATIVE LEGAL GROUNDS OF COUNTERACTION\" BY V. FRANCHUK AND D. D. KORECKA-SZUKIEWICZ (WARSAW: PUBLISHING HOUSE \"DIFIN\")","authors":"Marek Dzierzega","doi":"10.32518/2617-4162-2021-2-206-208","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-206-208","url":null,"abstract":"This monograph is the first comprehensive study in Ukraine on administrative liability for corruptionrelated offenses. Research considers: concept and signs of corruption; progress of legislation on administrative liability for corruption-related offenses; regulation of liability for corruption-related offenses in legislation of foreign countries; objective features of the corpus delicti; subjective features of the corpus delicti; theoretical and applied problems of liability for corruption-related offenses; prospects for improving of liability for corruptionrelated offenses. Legal analysis of provisions of current administrative legislation of Ukraine on liability for committing corruption-related offenses and anti-corruption legislation of the Republic of Poland was made during 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":"114918916","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: 10.32518/2617-4162-2021-2-64-71
Оlena Gulac, V. Vysotskyi, I. Iarmolenko
The analysis of the problems of public administration in the field of taxation of Ukrainian agriculture at the present stage is carried out. The scientific works devoted to these issues are analysed. Theoretical principles of public administration are considered. The category "public administration" in the context of modern scientific thought is reviewed. The system and legal bases of tax administration in the domestic agro-industrial sector are studied. The most problematic issues of the tax burden in the agricultural sector are highlighted. The urgency of the issue of reducing the tax burden is indicated. It is noted that tax administration in the domestic agricultural sector of the economy is extremely important and requires the development of a system of effective regulators and optimization mechanisms by the state. At the same time, the direction of such state support should concern first of all small agricultural enterprises and the provision of an appropriate investment and innovation platform for the development of the domestic agricultural sector. It is concluded that the current public administration priorities in the field of taxation of the agricultural sector of Ukraine's economy should be the formed state position, aimed primarily at implementing: simplified, but at the same time, fair and transparent taxation procedure; taking into account the specifics and features of domestic agricultural business depending on the natural and territorial components; ensuring the need to update the active part of the material and technical base, taking into account the relevant tax regulation of agricultural production (development of a simplified tax mechanism).
{"title":"PUBLIC ADMINISTRATION IN THE FIELD OF TAXATION OF THE AGRICULTURAL SECTOR OF UKRAINE","authors":"Оlena Gulac, V. Vysotskyi, I. Iarmolenko","doi":"10.32518/2617-4162-2021-2-64-71","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-64-71","url":null,"abstract":"The analysis of the problems of public administration in the field of taxation of Ukrainian agriculture at the present stage is carried out. The scientific works devoted to these issues are analysed. Theoretical principles of public administration are considered. The category \"public administration\" in the context of modern scientific thought is reviewed. The system and legal bases of tax administration in the domestic agro-industrial sector are studied. The most problematic issues of the tax burden in the agricultural sector are highlighted. The urgency of the issue of reducing the tax burden is indicated. It is noted that tax administration in the domestic agricultural sector of the economy is extremely important and requires the development of a system of effective regulators and optimization mechanisms by the state. At the same time, the direction of such state support should concern first of all small agricultural enterprises and the provision of an appropriate investment and innovation platform for the development of the domestic agricultural sector. It is concluded that the current public administration priorities in the field of taxation of the agricultural sector of Ukraine's economy should be the formed state position, aimed primarily at implementing: simplified, but at the same time, fair and transparent taxation procedure; taking into account the specifics and features of domestic agricultural business depending on the natural and territorial components; ensuring the need to update the active part of the material and technical base, taking into account the relevant tax regulation of agricultural production (development of a simplified tax mechanism).","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":"130001569","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: 10.32518/2617-4162-2021-2-79-85
M. Kovaliv
In the context of a systematic method of studying legal phenomena, the interaction of the police and civil society institutions is considered. Areas and methods of interaction between the police and civil society institutions are established in the legislation of Ukraine, the Law «On the National Police» and the Law «On the participation of citizens in the protection of public order and the state border». The police carry out activities only within the specified areas stipulated by the current legislation. Civil society can take part in such activities only to the extent permitted by the law. The possibility of using the potential of civil society institutions in the performance of police duties is reflected in the Law «On the National Police». Areas of police activities are areas of partnership between the police and civil society institutions. Types of interaction between the police and civil society institutions are diverse: the interaction differs depending on the characteristics of the tasks to be solved by the police together with civil society, the content of tasks, scope, nature, duration and initiator of interaction. The main forms of partnership between the police and civil society institutions are direct cooperation; information exchange; public control; preventive measures; charity campaigns. There are several types of public organizations in Ukraine, each of which to some extent protects and defends the rights and freedoms of citizens. The trend of revival of public law enforcement organizations, based on the awareness of the need for common practice of public safety, has become entrenched in the country. The participation of civil society in law enforcement is a condition and requirement for the development of a democratic state governed by the rule of law, as a means of resolving contradictions and conflicts in the field of state law.
{"title":"INTERACTION BETWEEN THE POLICE AND CIVIL SOCIETY INSTITUTIONS","authors":"M. Kovaliv","doi":"10.32518/2617-4162-2021-2-79-85","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-79-85","url":null,"abstract":"In the context of a systematic method of studying legal phenomena, the interaction of the police and civil society institutions is considered. Areas and methods of interaction between the police and civil society institutions are established in the legislation of Ukraine, the Law «On the National Police» and the Law «On the participation of citizens in the protection of public order and the state border». The police carry out activities only within the specified areas stipulated by the current legislation. Civil society can take part in such activities only to the extent permitted by the law. The possibility of using the potential of civil society institutions in the performance of police duties is reflected in the Law «On the National Police». Areas of police activities are areas of partnership between the police and civil society institutions. Types of interaction between the police and civil society institutions are diverse: the interaction differs depending on the characteristics of the tasks to be solved by the police together with civil society, the content of tasks, scope, nature, duration and initiator of interaction. The main forms of partnership between the police and civil society institutions are direct cooperation; information exchange; public control; preventive measures; charity campaigns. There are several types of public organizations in Ukraine, each of which to some extent protects and defends the rights and freedoms of citizens. The trend of revival of public law enforcement organizations, based on the awareness of the need for common practice of public safety, has become entrenched in the country. The participation of civil society in law enforcement is a condition and requirement for the development of a democratic state governed by the rule of law, as a means of resolving contradictions and conflicts in the field of state 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":"124257094","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: 10.32518/2617-4162-2021-2-33-38
I. Prots
On the basis of the systematic theoretical and legal analysis of scientific researches and the current legislation the legal nature of insurance which is caused by three key approaches – economic, material and legal is investigated. The economic essence of insurance is expressed through the category of monetary funds needed to cover unforeseen needs of society; the material nature of insurance is disclosed through the category of monetary funds, which are used to compensate for damage caused by natural disasters and unforeseen circumstances; the legal content of insurance is manifested through a set of rules governing economic relations related to the protection of the legitimate interests of individuals and legal entities, public entities. It is noted that insurance has all the main functions of the category of finance in financial law but in certain specific manifestations. It is stated that insurance is a complex legal institution, which includes the rules of constitutional, civil, financial, administrative, labor law, social security law, and legal relations arising in connection with insurance, which are public and private law. Imperative norms of the field of financial law have priority in the regulation of public relations, formed in the organization of insurance, implementation of compulsory insurance, licensing of insurance entities, ensuring financial stability and solvency of insurers, on the reorganization of insurance companies, in the National Bank Ukraine's regulatory powers in the areas of insurance control and insurance supervision.
{"title":"LEGAL NATURE OF LEGAL RELATIONS IN THE FIELD OF INSURANCE: ADMINISTRATIVE AND LEGAL ASPECT","authors":"I. Prots","doi":"10.32518/2617-4162-2021-2-33-38","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-33-38","url":null,"abstract":"On the basis of the systematic theoretical and legal analysis of scientific researches and the current legislation the legal nature of insurance which is caused by three key approaches – economic, material and legal is investigated. The economic essence of insurance is expressed through the category of monetary funds needed to cover unforeseen needs of society; the material nature of insurance is disclosed through the category of monetary funds, which are used to compensate for damage caused by natural disasters and unforeseen circumstances; the legal content of insurance is manifested through a set of rules governing economic relations related to the protection of the legitimate interests of individuals and legal entities, public entities. It is noted that insurance has all the main functions of the category of finance in financial law but in certain specific manifestations. It is stated that insurance is a complex legal institution, which includes the rules of constitutional, civil, financial, administrative, labor law, social security law, and legal relations arising in connection with insurance, which are public and private law. Imperative norms of the field of financial law have priority in the regulation of public relations, formed in the organization of insurance, implementation of compulsory insurance, licensing of insurance entities, ensuring financial stability and solvency of insurers, on the reorganization of insurance companies, in the National Bank Ukraine's regulatory powers in the areas of insurance control and insurance supervision.","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":"121015043","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: 10.32518/2617-4162-2021-2-57-63
I. Hloviuk
Based on the analysis of judicial practice, the paper examines the problem of criminal proceedings’ closing in case of suspect’s or accused’s death, except in cases where the proceedings are necessary for the rehabilitation of the deceased, in preparatory proceedings, trials, appeals and cassation proceedings. The purpose of the paper is to identify the characteristics of interpretation and application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the proceedings of the court of the first instance, appeal and cassation proceedings, to formulate proposals for amendments to the CPC of Ukraine on the closure of the proceedings on this ground. The main results of the research consist of substantiating the need to standardize the appropriate legal procedure for the rehabilitation of the deceased by enshrining it in the CPC of Ukraine; determination of procedural decisions of the court in the preparatory proceedings and the trial in case of person’s death; determination of procedural decisions of the court in appeal proceedings in case of death of a person in respect of whom an acquittal has been passed; determination of procedural court decisions in appeal proceedings in the event of the death of the acquitted. The conclusions and specific proposals of the author are as follows: the application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine is not well-established in judicial practice, which indicates the lack of uniform interpretation of Art. 284, 417, 440 of the CPC of Ukraine, and the need to clarify the provisions of Art. 417, 440 of the CPC of Ukraine. Guided by paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the preparatory proceedings, the court by its decision closes the criminal proceedings unless the proceedings are necessary for the rehabilitation of the deceased; in court proceedings, the court closes the criminal proceedings by its decision, except in cases when the proceedings are necessary for the rehabilitation of the deceased, in case of initiation of rehabilitation, which has not been confirmed - by its decision closes the criminal proceedings. The wording of Art. 417 and 440 of the CPC of Ukraine do not take into account the difference in the grounds for closing the criminal proceedings and are not adapted for such grounds as the death of the accused. Therefore, it is appropriate to remove from these articles the reference to the reversal of the conviction only. However, as in the case of acquittal, the person is rehabilitated, in case of objections of the defence to revoke the acquittal, it cannot be revoked, however, the proceedings should be closed and further review of court decisions is impossible.
{"title":"THE ISSUE OF CLOSURE OF CRIMINAL PROCEEDINGS AGAINST THE DECEASED ACCUSED IN JUDICIAL PROCEEDINGS","authors":"I. Hloviuk","doi":"10.32518/2617-4162-2021-2-57-63","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-57-63","url":null,"abstract":"Based on the analysis of judicial practice, the paper examines the problem of criminal proceedings’ closing in case of suspect’s or accused’s death, except in cases where the proceedings are necessary for the rehabilitation of the deceased, in preparatory proceedings, trials, appeals and cassation proceedings. The purpose of the paper is to identify the characteristics of interpretation and application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the proceedings of the court of the first instance, appeal and cassation proceedings, to formulate proposals for amendments to the CPC of Ukraine on the closure of the proceedings on this ground. The main results of the research consist of substantiating the need to standardize the appropriate legal procedure for the rehabilitation of the deceased by enshrining it in the CPC of Ukraine; determination of procedural decisions of the court in the preparatory proceedings and the trial in case of person’s death; determination of procedural decisions of the court in appeal proceedings in case of death of a person in respect of whom an acquittal has been passed; determination of procedural court decisions in appeal proceedings in the event of the death of the acquitted. The conclusions and specific proposals of the author are as follows: the application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine is not well-established in judicial practice, which indicates the lack of uniform interpretation of Art. 284, 417, 440 of the CPC of Ukraine, and the need to clarify the provisions of Art. 417, 440 of the CPC of Ukraine. Guided by paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the preparatory proceedings, the court by its decision closes the criminal proceedings unless the proceedings are necessary for the rehabilitation of the deceased; in court proceedings, the court closes the criminal proceedings by its decision, except in cases when the proceedings are necessary for the rehabilitation of the deceased, in case of initiation of rehabilitation, which has not been confirmed - by its decision closes the criminal proceedings. The wording of Art. 417 and 440 of the CPC of Ukraine do not take into account the difference in the grounds for closing the criminal proceedings and are not adapted for such grounds as the death of the accused. Therefore, it is appropriate to remove from these articles the reference to the reversal of the conviction only. However, as in the case of acquittal, the person is rehabilitated, in case of objections of the defence to revoke the acquittal, it cannot be revoked, however, the proceedings should be closed and further review of court decisions is impossible.","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":"121911948","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: 10.32518/2617-4162-2021-2-203-205
Bogdan Schur
The relevance of the topic of the monograph is due to the need for reliable protection of critical infrastructure facilities of each state, which is one of the priorities in provision of the needs of national safety. Solving this problem at the national level requires a systematic approach to its urgent solution. Global trends to strengthening threats of natural and technological hazards, increasing the level of terrorist threats, raising the number and increasing complexity of cyber-attacks, as well as damage to infrastructure facilities indicate the severity of the problem for Ukraine. The author of the monograph identifies the need for comprehensive counteraction to threats to information safety of critical infrastructure, development of criminal-law and procedural standards at the international level with further implementation into national legislation is necessary. This will make it possible to effectively investigate crimes on a global scale, to obtain, store, investigate and provide electronic evidence, taking into account the transboundary nature of crimes. Monograph of O.V. Batiuk is the first monographic research in Ukraine that is devoted to forensic of combating crimes at critical infrastructure facilities. Author's view on theoretical and practical aspects of using the provisions and scientific developments of forensic science in providing the activity of operationalinvestigative and investigative units of law enforcement agencies of Ukraine for the detection and pre-trial investigation of crimes that have been committed at critical infrastructure facilities is presented in it. Therefore, this work is significant, commendable and deserves the high evaluation.
{"title":"REVIEW OF A MONOGRAPH OF BATIUK OLEH VOLODYMYROVYCH «FORENSIC SUPPORT OF COMBATING CRIMES AT CRITICAL INFRASTRUCTURE FACILITIES»","authors":"Bogdan Schur","doi":"10.32518/2617-4162-2021-2-203-205","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-203-205","url":null,"abstract":"The relevance of the topic of the monograph is due to the need for reliable protection of critical infrastructure facilities of each state, which is one of the priorities in provision of the needs of national safety. Solving this problem at the national level requires a systematic approach to its urgent solution. Global trends to strengthening threats of natural and technological hazards, increasing the level of terrorist threats, raising the number and increasing complexity of cyber-attacks, as well as damage to infrastructure facilities indicate the severity of the problem for Ukraine. The author of the monograph identifies the need for comprehensive counteraction to threats to information safety of critical infrastructure, development of criminal-law and procedural standards at the international level with further implementation into national legislation is necessary. This will make it possible to effectively investigate crimes on a global scale, to obtain, store, investigate and provide electronic evidence, taking into account the transboundary nature of crimes. Monograph of O.V. Batiuk is the first monographic research in Ukraine that is devoted to forensic of combating crimes at critical infrastructure facilities. Author's view on theoretical and practical aspects of using the provisions and scientific developments of forensic science in providing the activity of operationalinvestigative and investigative units of law enforcement agencies of Ukraine for the detection and pre-trial investigation of crimes that have been committed at critical infrastructure facilities is presented in it. Therefore, this work is significant, commendable and deserves the high evaluation.","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":"128717889","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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