Pub Date : 2023-09-13DOI: 10.56215/naia-chasopis/3.2023.09
Ihor Rohatiuk, Andrii Zapototskyi
The emergence of a new ground for closing criminal proceedings in the current Code of Criminal Procedure of Ukraine – in connection with the decriminalization of an act committed by a person – has caused ambiguous assessments by scholars. The application of the new procedure in judicial practice necessitates a thorough scientific study of the problem in order to prevent violations of the law. The purpose of the study was to determine the practical feasibility of the adopted amendments for pre-trial investigation and court proceedings. To achieve this goal, the following methods were used: dialectical, systemic and structural, comparative legal, formal and logical, and modelling. The study describes the actions of participants in criminal proceedings at the stage of pre-trial investigation and in court during consideration of the said procedure. The author compares the new procedure with other existing special investigative procedures and emphasizes their differences. The author calls into question whether the legislator has singled out this procedure as a type of special procedure. The author comes to the conclusion that the subject under study is an exclusively improved basis for closing criminal proceedings or further continuation of their consideration, depending on the right of the defence to close or continue the proceedings in court. The author analyses the court practice of application of this criminal procedural institute. Attention is focused on the need for investigators, prosecutors, and judges to take into account the requirements of the new grounds for closing criminal proceedings and to prevent violations of the law, since during its consideration the suspect and the accused are granted an additional alternative right to agree or disagree with the closure of proceedings, which is a guarantee of human rights and freedoms. The author's conclusion that it is inappropriate for the legislator to classify the procedure for closing proceedings as a separate type of special procedure is justified by haste and lack of appropriate scientific research. The study provides the basis for improving the methodology of procedural actions of the prosecution during the closure of criminal proceedings and may be used by the legislator for further regulation of the criminal proceedings' procedure
{"title":"Chapter 36-1 of the CPC of Ukraine as a ground for closing criminal proceedings","authors":"Ihor Rohatiuk, Andrii Zapototskyi","doi":"10.56215/naia-chasopis/3.2023.09","DOIUrl":"https://doi.org/10.56215/naia-chasopis/3.2023.09","url":null,"abstract":"The emergence of a new ground for closing criminal proceedings in the current Code of Criminal Procedure of Ukraine – in connection with the decriminalization of an act committed by a person – has caused ambiguous assessments by scholars. The application of the new procedure in judicial practice necessitates a thorough scientific study of the problem in order to prevent violations of the law. The purpose of the study was to determine the practical feasibility of the adopted amendments for pre-trial investigation and court proceedings. To achieve this goal, the following methods were used: dialectical, systemic and structural, comparative legal, formal and logical, and modelling. The study describes the actions of participants in criminal proceedings at the stage of pre-trial investigation and in court during consideration of the said procedure. The author compares the new procedure with other existing special investigative procedures and emphasizes their differences. The author calls into question whether the legislator has singled out this procedure as a type of special procedure. The author comes to the conclusion that the subject under study is an exclusively improved basis for closing criminal proceedings or further continuation of their consideration, depending on the right of the defence to close or continue the proceedings in court. The author analyses the court practice of application of this criminal procedural institute. Attention is focused on the need for investigators, prosecutors, and judges to take into account the requirements of the new grounds for closing criminal proceedings and to prevent violations of the law, since during its consideration the suspect and the accused are granted an additional alternative right to agree or disagree with the closure of proceedings, which is a guarantee of human rights and freedoms. The author's conclusion that it is inappropriate for the legislator to classify the procedure for closing proceedings as a separate type of special procedure is justified by haste and lack of appropriate scientific research. The study provides the basis for improving the methodology of procedural actions of the prosecution during the closure of criminal proceedings and may be used by the legislator for further regulation of the criminal proceedings' procedure","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135786265","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 : 2023-09-13DOI: 10.56215/naia-chasopis/3.2023.46
Anna Masian
The relevance of the study is conditioned by the lack of development of the problem of forming the decision- making ability at the stage of professional training and the need to improve the modern daily practice of future law enforcement officers to ensure the accuracy and timeliness of decisions made against the background of a constant increase in the volume and complexity of incoming information. The purpose of the study was to determine the conceptual basis for the influence of subjective rationality and risk readiness in the decision- making system in the professional activities of police officers. The paper uses the method of comparative and correlation analysis, and statistical analysis of primary data. According to the results of the study, significant correlations were established between rationality and risk factors in decision-making among police officers in groups with different levels of experience and professionalism. The current study focuses on intra-group variations in risk maximisation and the use of rational traits, particularly vigilance, procrastination, avoidance, and over-vigilance in decision-making. These psychological phenomena are explained by studying the main group of law enforcement officers (n=116), divided by the sample according to the criterion of experience in practice (n=59, n=57). A significant difference and psychological difference in the decision-making process component was found between groups with and without practical work experience in law enforcement. This provides an opportunity for further expansion and development in this area, defining the main approach to creating professional skills, forming the ability to make decisions in law enforcement officers without practical experience, and consolidating the basic skills of law enforcement officers with practical experience. The practical significance of the study lies in the prospect of developing psychocorrective programmes and trainings aimed at various employees of law enforcement agencies, depending on the practical experience gained and the area of activity. The research materials can be used in the process of optimising the educational process in professional institutions
{"title":"Risk and subjective rationality as decision-making factors in the professional activity of Police Officers","authors":"Anna Masian","doi":"10.56215/naia-chasopis/3.2023.46","DOIUrl":"https://doi.org/10.56215/naia-chasopis/3.2023.46","url":null,"abstract":"The relevance of the study is conditioned by the lack of development of the problem of forming the decision- making ability at the stage of professional training and the need to improve the modern daily practice of future law enforcement officers to ensure the accuracy and timeliness of decisions made against the background of a constant increase in the volume and complexity of incoming information. The purpose of the study was to determine the conceptual basis for the influence of subjective rationality and risk readiness in the decision- making system in the professional activities of police officers. The paper uses the method of comparative and correlation analysis, and statistical analysis of primary data. According to the results of the study, significant correlations were established between rationality and risk factors in decision-making among police officers in groups with different levels of experience and professionalism. The current study focuses on intra-group variations in risk maximisation and the use of rational traits, particularly vigilance, procrastination, avoidance, and over-vigilance in decision-making. These psychological phenomena are explained by studying the main group of law enforcement officers (n=116), divided by the sample according to the criterion of experience in practice (n=59, n=57). A significant difference and psychological difference in the decision-making process component was found between groups with and without practical work experience in law enforcement. This provides an opportunity for further expansion and development in this area, defining the main approach to creating professional skills, forming the ability to make decisions in law enforcement officers without practical experience, and consolidating the basic skills of law enforcement officers with practical experience. The practical significance of the study lies in the prospect of developing psychocorrective programmes and trainings aimed at various employees of law enforcement agencies, depending on the practical experience gained and the area of activity. The research materials can be used in the process of optimising the educational process in professional institutions","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135786266","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 : 2023-09-11DOI: 10.56215/naia-chasopis/3.2023.65
Maksym Rafalskyi
With the advent of new forms of interaction, virtual goods and services, a new field for committing offences in the field of virtual assets turnover is emerging. This encourages scientists and law enforcement agencies to actively research this area and develop effective mechanisms to respond to emerging challenges that have not yet been properly reflected in legislation. The purpose of this study was to explore the issue in depth by analysing specific offences related to virtual assets, including but not limited to theft, fraud, corruption, and tax evasion. The methods of scientific cognition employed for the study include analysis of legal regulation, modelling methods, analogies, systemic and structural, comparative legal, as well as methods of scientific abstraction and generalisation. Based on the results of the study, the study identified the main types of offences in the field of virtual assets and unifies them. The study identified the shortcomings in the current legal regulation that contribute to these problems. Proposals were formulated for amendments to the Criminal Code of Ukraine regarding the qualification of new types of offences committed in the field of virtual assets turnover based on research of current trends, international practices, and analysis of the current state of Ukrainian legislation. The study also showed that the available legal instruments often fail to ensure adequate detection and prosecution of new forms of offences, which makes it necessary to reform legislation to adapt to the current dynamic environment. The practical significance of this study was to identify the current problems of legal regulation of the circulation of virtual assets, and to develop recommendations for improving the qualification of offences in this area
{"title":"Offences in the sphere of virtual assets turnover and analysis of their qualification","authors":"Maksym Rafalskyi","doi":"10.56215/naia-chasopis/3.2023.65","DOIUrl":"https://doi.org/10.56215/naia-chasopis/3.2023.65","url":null,"abstract":"With the advent of new forms of interaction, virtual goods and services, a new field for committing offences in the field of virtual assets turnover is emerging. This encourages scientists and law enforcement agencies to actively research this area and develop effective mechanisms to respond to emerging challenges that have not yet been properly reflected in legislation. The purpose of this study was to explore the issue in depth by analysing specific offences related to virtual assets, including but not limited to theft, fraud, corruption, and tax evasion. The methods of scientific cognition employed for the study include analysis of legal regulation, modelling methods, analogies, systemic and structural, comparative legal, as well as methods of scientific abstraction and generalisation. Based on the results of the study, the study identified the main types of offences in the field of virtual assets and unifies them. The study identified the shortcomings in the current legal regulation that contribute to these problems. Proposals were formulated for amendments to the Criminal Code of Ukraine regarding the qualification of new types of offences committed in the field of virtual assets turnover based on research of current trends, international practices, and analysis of the current state of Ukrainian legislation. The study also showed that the available legal instruments often fail to ensure adequate detection and prosecution of new forms of offences, which makes it necessary to reform legislation to adapt to the current dynamic environment. The practical significance of this study was to identify the current problems of legal regulation of the circulation of virtual assets, and to develop recommendations for improving the qualification of offences in this area","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136070788","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 : 2023-09-10DOI: 10.56215/naia-chasopis/3.2023.26
Andrii Nikonchuk
The peculiarities of the creation and circulation of virtual assets in the context of their decentralised nature and limited legal regulation are of not only scientific but also practical interest to both states and other entities that have the ability and desire to use them in their daily lives. The formation of full-fledged global and national virtual asset markets is an extremely important step in the context of taking advantage of digitalisation, but the creation of such markets must be transparent, which cannot be ensured without proper legal regulation. The research aims to study the legal regulation and reveal the content of virtual assets as a phenomenon and an instrument from the standpoint of their functional characteristics and the risks that may arise in the course of their circulation, as well as the abuse in this area and the international experience of combating it. Comparative legal, analytical, formal logical and synthetic methods of scientific cognition were used in the study to analyse the legislation of the European Union and other countries and the practice of specialised regulatory authorities of the United Kingdom and the United States of America concerning their impact on the circulation of virtual assets. The author draws parallels with the attempts to conduct rule-making processes in Ukraine and synchronises them with the rule-making work at the international level to create a new conceptual and regulatory framework and attempt to regulate the status of virtual assets. Several proposals have been made, the implementation of which will create the preconditions for the development, approval, and implementation of proper legal regulation of the circulation of virtual assets in Ukraine. Their implementation will enable the interstate exchange of information to prevent abuses in the field of activity under study, in particular, money laundering. The results of the study can be used to formulate public policy and improve legislation in the field of virtual assets circulation
{"title":"Legal genesis of virtual asset circulation in Ukraine and Worldwide: Risks and concerns","authors":"Andrii Nikonchuk","doi":"10.56215/naia-chasopis/3.2023.26","DOIUrl":"https://doi.org/10.56215/naia-chasopis/3.2023.26","url":null,"abstract":"The peculiarities of the creation and circulation of virtual assets in the context of their decentralised nature and limited legal regulation are of not only scientific but also practical interest to both states and other entities that have the ability and desire to use them in their daily lives. The formation of full-fledged global and national virtual asset markets is an extremely important step in the context of taking advantage of digitalisation, but the creation of such markets must be transparent, which cannot be ensured without proper legal regulation. The research aims to study the legal regulation and reveal the content of virtual assets as a phenomenon and an instrument from the standpoint of their functional characteristics and the risks that may arise in the course of their circulation, as well as the abuse in this area and the international experience of combating it. Comparative legal, analytical, formal logical and synthetic methods of scientific cognition were used in the study to analyse the legislation of the European Union and other countries and the practice of specialised regulatory authorities of the United Kingdom and the United States of America concerning their impact on the circulation of virtual assets. The author draws parallels with the attempts to conduct rule-making processes in Ukraine and synchronises them with the rule-making work at the international level to create a new conceptual and regulatory framework and attempt to regulate the status of virtual assets. Several proposals have been made, the implementation of which will create the preconditions for the development, approval, and implementation of proper legal regulation of the circulation of virtual assets in Ukraine. Their implementation will enable the interstate exchange of information to prevent abuses in the field of activity under study, in particular, money laundering. The results of the study can be used to formulate public policy and improve legislation in the field of virtual assets circulation","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136107660","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 : 2023-09-08DOI: 10.56215/naia-chasopis/3.2023.18
Woźniak Marta
The importance of this issue is that there is an increasing demand for the use of medical marijuana in treatment where methods based on traditional medicine have failed. The aim of the article is the analysis and evaluation of the legal regulation of treatment with preparations containing medical marijuana in Poland against the background of trends in other countries. The study employs a dogmatic and black-letter methods of analyzing the provisions of the law in force in Poland and also a comparative method. Studies have shown that the systems of countries in Europe and the world vary in this regard. When it comes to the medical use of marijuana, three solutions are possible: a liberal model, where the patient can grow the plant himself, a moderate model, which relies on the possibility of obtaining a drug based on medical marijuana with a prescription. The third model is based on the impossibility of medical use of marijuana. The Polish legal model is moderate and consists of the possibility of obtaining a medical marijuana-based drug by prescription. Independent cultivation under this model is not possible. A business entity that intends to cultivate cannabis for medical purposes must have the appropriate permit from the competent state authority. This solution (present in many other countries) is characterized by a balance between legalization of medical marijuana and drug prevention. Under the Polish legal model, cannabis cultivation remains under state supervision. Medical marijuana is available to the patient, but access to it is strictly regulated. This is not a liberal legalization model, as availability depends largely on the doctor. Practical results show a progression in the availability of medical marijuana medicines compared to previous years. The legislature is open to change, but out of caution against the proliferation of drug offenses, it has not decided on greater liberalization
{"title":"Legal aspects of the use of medical cannabis in Poland compared to other countries: Comparative legal analysis","authors":"Woźniak Marta","doi":"10.56215/naia-chasopis/3.2023.18","DOIUrl":"https://doi.org/10.56215/naia-chasopis/3.2023.18","url":null,"abstract":"The importance of this issue is that there is an increasing demand for the use of medical marijuana in treatment where methods based on traditional medicine have failed. The aim of the article is the analysis and evaluation of the legal regulation of treatment with preparations containing medical marijuana in Poland against the background of trends in other countries. The study employs a dogmatic and black-letter methods of analyzing the provisions of the law in force in Poland and also a comparative method. Studies have shown that the systems of countries in Europe and the world vary in this regard. When it comes to the medical use of marijuana, three solutions are possible: a liberal model, where the patient can grow the plant himself, a moderate model, which relies on the possibility of obtaining a drug based on medical marijuana with a prescription. The third model is based on the impossibility of medical use of marijuana. The Polish legal model is moderate and consists of the possibility of obtaining a medical marijuana-based drug by prescription. Independent cultivation under this model is not possible. A business entity that intends to cultivate cannabis for medical purposes must have the appropriate permit from the competent state authority. This solution (present in many other countries) is characterized by a balance between legalization of medical marijuana and drug prevention. Under the Polish legal model, cannabis cultivation remains under state supervision. Medical marijuana is available to the patient, but access to it is strictly regulated. This is not a liberal legalization model, as availability depends largely on the doctor. Practical results show a progression in the availability of medical marijuana medicines compared to previous years. The legislature is open to change, but out of caution against the proliferation of drug offenses, it has not decided on greater liberalization","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136364986","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 : 2023-08-31DOI: 10.56215/naia-chasopis/3.2023.37
Oleksii Biloshytskyi
The relevance of the research topic lies in the fact that the functioning of law enforcement agencies during martial law was marked by the expansion of the functions of the patrol police, which requires increased attention to police training. In particular, there is a need to analyse the current practice of law enforcement training and to create scientifically based recommendations for its improvement. That is why the purpose of the article is to clarify the specifics of the work of the patrol police during martial law and the peculiarities of the methodological work of the management team related to the training and support of the activities of subordinate personnel. To achieve the aim of the study, a set of theoretical and empirical methods was used, including the following: analysis, generalization and interpretation, expert evaluation, survey and graphical methods, which made it possible to interpret the results obtained and develop recommendations. It is established that the heads of patrol police units in their work with personnel were guided by organizational, moral and psychological, legal, administrative and economical methods of management. Thanks to these methods, the personnel were constantly aware of the operational situation, were able to develop supplementary action plans, and use reserve forces and means. Guided by legal and economical methods, managers were able not only to apply sanctions, but also to protect the rights of their subordinates from illegal encroachments and to reward them with a decent salary. In addition, an analogy was drawn between the existing professional combat and psychological traits of managers and their ability to work in a team. The personal example, combat, physical, and legal training of managers made it possible to quickly solve urgent problems, conflicts, and perform official tasks among their subordinates. The practical significance of the study is that the findings will serve as a basis for scientific research to study the features and improve professional training, which would include aspects of fire, functional, general and psychological training tactics
{"title":"Peculiarities of organizational and methodical work with patrol police personnel under martial law","authors":"Oleksii Biloshytskyi","doi":"10.56215/naia-chasopis/3.2023.37","DOIUrl":"https://doi.org/10.56215/naia-chasopis/3.2023.37","url":null,"abstract":"The relevance of the research topic lies in the fact that the functioning of law enforcement agencies during martial law was marked by the expansion of the functions of the patrol police, which requires increased attention to police training. In particular, there is a need to analyse the current practice of law enforcement training and to create scientifically based recommendations for its improvement. That is why the purpose of the article is to clarify the specifics of the work of the patrol police during martial law and the peculiarities of the methodological work of the management team related to the training and support of the activities of subordinate personnel. To achieve the aim of the study, a set of theoretical and empirical methods was used, including the following: analysis, generalization and interpretation, expert evaluation, survey and graphical methods, which made it possible to interpret the results obtained and develop recommendations. It is established that the heads of patrol police units in their work with personnel were guided by organizational, moral and psychological, legal, administrative and economical methods of management. Thanks to these methods, the personnel were constantly aware of the operational situation, were able to develop supplementary action plans, and use reserve forces and means. Guided by legal and economical methods, managers were able not only to apply sanctions, but also to protect the rights of their subordinates from illegal encroachments and to reward them with a decent salary. In addition, an analogy was drawn between the existing professional combat and psychological traits of managers and their ability to work in a team. The personal example, combat, physical, and legal training of managers made it possible to quickly solve urgent problems, conflicts, and perform official tasks among their subordinates. The practical significance of the study is that the findings will serve as a basis for scientific research to study the features and improve professional training, which would include aspects of fire, functional, general and psychological training tactics","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136036776","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 : 2023-08-25DOI: 10.56215/naia-chasopis/3.2023.55
Korneliia Popovych
During times of martial law, access to justice may become limited. However, there exist generally accepted principles of international humanitarian law and European standards that mandate a state embroiled in conflict to safeguard human rights and access to judicial procedures. Hence, the issue of exercising the right to access justice is relevant. The purpose of this study was to investigate the functioning of the judicial system of Ukraine under martial law and its accessibility to citizens. The methodological framework of this study included the content analysis method, analytical, systemic and structural, dialectical, formal legal, and logical methods. The study examined the issues of access to justice under martial law in Ukraine, and the observance of all human and civil rights and freedoms guaranteed by the Constitution of Ukraine and other international instruments. The study focused on various decisions made by the authorities regarding the functioning of the judicial system of Ukraine: changes in the work of courts, restrictions on procedural guarantees and the conduct of certain categories of cases, redistribution of cases to courts that are closer to the territorial location and are likely to be safe, relocation of courts from the occupied territories or combat zones. Attention was focused on electronic document management and the work of the Electronic Court subsystem, etc. The study concluded that the judicial system of Ukraine did not cease to function; although access to justice during martial law may be restricted, it depends on a particular situation, the location of courts, legislation, and international obligations. The study focused on remote justice, which will ensure the proper safety of litigants and the quality of justice. The demand for remote court proceedings will grow over time, resulting in the modernisation of access to court. The practical significance of this study lies in outlining ways to improve the effectiveness of access to court in wartime conditions
{"title":"Citizens’ access to justice during the introduction and implementation of the legal regime of martial law in Ukraine","authors":"Korneliia Popovych","doi":"10.56215/naia-chasopis/3.2023.55","DOIUrl":"https://doi.org/10.56215/naia-chasopis/3.2023.55","url":null,"abstract":"During times of martial law, access to justice may become limited. However, there exist generally accepted principles of international humanitarian law and European standards that mandate a state embroiled in conflict to safeguard human rights and access to judicial procedures. Hence, the issue of exercising the right to access justice is relevant. The purpose of this study was to investigate the functioning of the judicial system of Ukraine under martial law and its accessibility to citizens. The methodological framework of this study included the content analysis method, analytical, systemic and structural, dialectical, formal legal, and logical methods. The study examined the issues of access to justice under martial law in Ukraine, and the observance of all human and civil rights and freedoms guaranteed by the Constitution of Ukraine and other international instruments. The study focused on various decisions made by the authorities regarding the functioning of the judicial system of Ukraine: changes in the work of courts, restrictions on procedural guarantees and the conduct of certain categories of cases, redistribution of cases to courts that are closer to the territorial location and are likely to be safe, relocation of courts from the occupied territories or combat zones. Attention was focused on electronic document management and the work of the Electronic Court subsystem, etc. The study concluded that the judicial system of Ukraine did not cease to function; although access to justice during martial law may be restricted, it depends on a particular situation, the location of courts, legislation, and international obligations. The study focused on remote justice, which will ensure the proper safety of litigants and the quality of justice. The demand for remote court proceedings will grow over time, resulting in the modernisation of access to court. The practical significance of this study lies in outlining ways to improve the effectiveness of access to court in wartime conditions","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134982921","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 : 2023-06-12DOI: 10.56215/naia-chasopis/2.2023.74
Ihor Yefimenko, A. Sakovskyi, Y. Bilozorov
The relevance of the subject under study is conditioned upon the scientific originality and practical significance of the problematic aspects of the protection of critical infrastructure as a component of the national security of Ukraine, specifically, regarding the creation and functioning of the national system of its protection. Given the fact that the term “critical infrastructure” is relatively new for Ukrainian legislation, a comprehensive list of objects included in its system has not yet been formed, and the optimal algorithms for ensuring their security have not been determined. The purpose of this study was a comprehensive investigation of Ukrainian legislation in the field of national security, which determines the legal and organizational foundations of the creation and functioning of the national critical infrastructure protection system, as well as obtaining scientific results in the form of conclusions aimed at optimizing the implementation of critical infrastructure protection. The methodological tools of the study included the hermeneutic method of learning social and legal phenomena, analytical, dogmatic, and generalization method. Considering the European integration processes of Ukraine, scientifically sound proposals were provided to improve the national legislation in the field of critical infrastructure protection according to international legal acts that govern issues of safety and protection of critical infrastructure objects. The term “critical infrastructure” was studied, the state of scientific developments regarding its protection was analysed, the algorithm of actions to ensure its security was analysed and determined, factoring in the Ukrainian political and military situation in the state
{"title":"Protection of critical infrastructure as a component of Ukraine’s national security","authors":"Ihor Yefimenko, A. Sakovskyi, Y. Bilozorov","doi":"10.56215/naia-chasopis/2.2023.74","DOIUrl":"https://doi.org/10.56215/naia-chasopis/2.2023.74","url":null,"abstract":"The relevance of the subject under study is conditioned upon the scientific originality and practical significance of the problematic aspects of the protection of critical infrastructure as a component of the national security of Ukraine, specifically, regarding the creation and functioning of the national system of its protection. Given the fact that the term “critical infrastructure” is relatively new for Ukrainian legislation, a comprehensive list of objects included in its system has not yet been formed, and the optimal algorithms for ensuring their security have not been determined. The purpose of this study was a comprehensive investigation of Ukrainian legislation in the field of national security, which determines the legal and organizational foundations of the creation and functioning of the national critical infrastructure protection system, as well as obtaining scientific results in the form of conclusions aimed at optimizing the implementation of critical infrastructure protection. The methodological tools of the study included the hermeneutic method of learning social and legal phenomena, analytical, dogmatic, and generalization method. Considering the European integration processes of Ukraine, scientifically sound proposals were provided to improve the national legislation in the field of critical infrastructure protection according to international legal acts that govern issues of safety and protection of critical infrastructure objects. The term “critical infrastructure” was studied, the state of scientific developments regarding its protection was analysed, the algorithm of actions to ensure its security was analysed and determined, factoring in the Ukrainian political and military situation in the state","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"139 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134502970","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 : 2023-06-11DOI: 10.56215/naia-chasopis/2.2023.86
O. Steshenko
The study examines the specifics of the obligations of states that are parties to the European Convention on Human Rights (hereinafter referred to as the "Convention") regarding investigations into violations of the Convention in the context of an armed conflict. The research relevance is predetermined by the rapid development of the practice of the European Court of Human Rights in recent years, as well as the significant burden on Ukrainian law enforcement agencies due to the urgent need to investigate massive violations of human rights committed in the context of Russian military aggression. The research aims to generalize the current practice of the European Court of Human Rights regarding the procedural obligations of the state in the context of armed conflict. The basis of the research was the analytical method, the method of specific sociological research. The issue of the jurisdictional connection between the duty to investigate and the state party to the Convention, the spectrum of violations to be investigated, the prerequisites for the duty to investigate violations, and the content of procedural obligations in the context of an armed conflict are considered. Jurisdiction of the Convention on Human Rights for Art. 1 Convention, in particular regarding procedural obligations, are primarily territorial; however, there are some exceptions to this general principle. The spectrum of violations for which the state party to the Convention has procedural obligations covers all serious violations of the Convention. The prerequisites for the obligation to investigate a violation may be a) a crime report; and/or b) the presence of signs indicating the commission of a violation, even in the absence of a report of a crime. To investigations of violations committed in the context of an armed conflict, the European Court of Human Rights applies the same criteria for the effectiveness of the investigation as under normal conditions (independence, adequacy (thoroughness), public control, and involvement of the victim), given the objective difficulties, caused by hostilities. The practical value lies in outlining the specific obligations of Ukraine under the Convention regarding the investigation of mass violations of human rights during the war
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Pub Date : 2023-06-11DOI: 10.56215/naia-chasopis/2.2023.19
T. Mazur, Spiros Flogaitis
The relevance and significance of the study of the history and prospects of electronic parliamentarism as a factor of sustainable development is conditioned upon the anthropocentric vision of the idea of digitalization of the parliament. For the purpose, the authors chose to consider the system of digital tools that make up the e-parliament in the context of its role in the implementation of the Sustainable Development Goals “Peace, Justice, and Strong Institutions”. The main methods of scientific cognition, which were used when drafting the study, were the methods of content analysis, analogy, and comparison. The levels of the multi-level system of information and data security as a key element of the security of digitalization of the parliament were defined, challenges related to the legal, economic, social, and technological aspects of the process were outlined. Based on the analysis of legal acts and directly on the websites of the parliaments of countries with different democracy indices (Great Britain, Iceland, Sweden, Poland, the Czech Republic, the Baltic countries), global trends in the specified area were formulated. The author emphasized the inherent nature of certain features and the uncertainty of the consequences of digitalization of the parliament in states with various levels of democratic development and different economic indicators. It was established that the transition of parliamentarians in communication with voters from conventional communication in an offline format to an online format contributes to the implementation of openness, inclusiveness, cooperation, and participation in the political sphere. The results of the study were designed to update the issue of the need to introduce new electronic parliamentary tools for the implementation of digital democracy mechanisms in society
{"title":"Electronic parliament as a factor of sustainable development: History and prospects","authors":"T. Mazur, Spiros Flogaitis","doi":"10.56215/naia-chasopis/2.2023.19","DOIUrl":"https://doi.org/10.56215/naia-chasopis/2.2023.19","url":null,"abstract":"The relevance and significance of the study of the history and prospects of electronic parliamentarism as a factor of sustainable development is conditioned upon the anthropocentric vision of the idea of digitalization of the parliament. For the purpose, the authors chose to consider the system of digital tools that make up the e-parliament in the context of its role in the implementation of the Sustainable Development Goals “Peace, Justice, and Strong Institutions”. The main methods of scientific cognition, which were used when drafting the study, were the methods of content analysis, analogy, and comparison. The levels of the multi-level system of information and data security as a key element of the security of digitalization of the parliament were defined, challenges related to the legal, economic, social, and technological aspects of the process were outlined. Based on the analysis of legal acts and directly on the websites of the parliaments of countries with different democracy indices (Great Britain, Iceland, Sweden, Poland, the Czech Republic, the Baltic countries), global trends in the specified area were formulated. The author emphasized the inherent nature of certain features and the uncertainty of the consequences of digitalization of the parliament in states with various levels of democratic development and different economic indicators. It was established that the transition of parliamentarians in communication with voters from conventional communication in an offline format to an online format contributes to the implementation of openness, inclusiveness, cooperation, and participation in the political sphere. The results of the study were designed to update the issue of the need to introduce new electronic parliamentary tools for the implementation of digital democracy mechanisms in society","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130441346","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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