Pub Date : 1900-01-01DOI: 10.36059/978-966-397-181-0/304-322
O. Sokolenko
{"title":"LEGAL REGULATION OF ACTIVITIES RELATING TO THE CIRCULATION OF DRUGS, PSYCHOTROPIC SUBSTANCES, THEIR ANALOGS AND PRECURSORS IN THE TERRITORY OF UKRAINE","authors":"O. Sokolenko","doi":"10.36059/978-966-397-181-0/304-322","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/304-322","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121689037","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/176-193
О. О. Podobnyi
{"title":"SYNERGY OF OPERATIONAL-SEARCHACTIVITIE AND PRE-TRIAL INVESTIGATION","authors":"О. О. Podobnyi","doi":"10.36059/978-966-397-181-0/176-193","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/176-193","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125029601","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/217-233
O. Predmestnikov
1. Qualifying features of the composition of evasion from payment of the single contribution to compulsory state social insurance and insurance contributions to compulsory state pension insurance It should be noted that qualifying signs of evasion from payment of a single contribution to compulsory state social insurance and insurance contributions to compulsory state pension insurance (part 2 of article 2121 of the criminal code of Ukraine) take place when: first, the same acts are committed by prior agreement by a group of persons; secondly, if they (the same actions) lead to the actual non-receipt of funds in large amounts in the funds of compulsory state social insurance. The Commission of a crime by prior conspiracy by a group of persons is a form of complicity. The content of this form of complicity by the legislator is defined in part 2 of article 28 of the criminal code of Ukraine. A crime is recognized as committed by a group of persons by prior agreement, if it was jointly committed by several persons (two or more), who in advance, that is, before the beginning of the crime, agreed on its joint Commission. Thus complicity in Art. 26 of the criminal code is defined as deliberate joint participation of several subjects of a crime in Commission of an intentional crime. In the resolution of the Plenum of the Supreme Court of Ukraine dated 08.10.2004 No. 15 “on some issues of application of the legislation on liability for evasion of taxes, fees and other mandatory payments” 1 it is noted
{"title":"QUALIFYING FEATURES OF THE COMPOSITION OF EVASION FROM PAYMENT OF SINGLE FEE FOR OBLIGATORY STATE SOCIAL INSURANCE AND INSURANCE CONTRIBUTIONS FOR OBLIGATORY STATE PENSION INSURANCE AND DELIMITATION FROM RELATED OFFENCES","authors":"O. Predmestnikov","doi":"10.36059/978-966-397-181-0/217-233","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/217-233","url":null,"abstract":"1. Qualifying features of the composition of evasion from payment of the single contribution to compulsory state social insurance and insurance contributions to compulsory state pension insurance It should be noted that qualifying signs of evasion from payment of a single contribution to compulsory state social insurance and insurance contributions to compulsory state pension insurance (part 2 of article 2121 of the criminal code of Ukraine) take place when: first, the same acts are committed by prior agreement by a group of persons; secondly, if they (the same actions) lead to the actual non-receipt of funds in large amounts in the funds of compulsory state social insurance. The Commission of a crime by prior conspiracy by a group of persons is a form of complicity. The content of this form of complicity by the legislator is defined in part 2 of article 28 of the criminal code of Ukraine. A crime is recognized as committed by a group of persons by prior agreement, if it was jointly committed by several persons (two or more), who in advance, that is, before the beginning of the crime, agreed on its joint Commission. Thus complicity in Art. 26 of the criminal code is defined as deliberate joint participation of several subjects of a crime in Commission of an intentional crime. In the resolution of the Plenum of the Supreme Court of Ukraine dated 08.10.2004 No. 15 “on some issues of application of the legislation on liability for evasion of taxes, fees and other mandatory payments” 1 it is noted","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125041915","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/280-303
Yа. G. Voronin, Law.
{"title":"PROCEEDINGS IN THE COURT OF FIRST INSTANCE","authors":"Yа. G. Voronin, Law.","doi":"10.36059/978-966-397-181-0/280-303","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/280-303","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129765784","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/271-279
Ya. O. Tytska
INTRODUCTION In the modern context of education reforming as a multicomponent phenomenon, adoption of updated legislation including the regulations related to the independent functioning of the education system, the priority belongs to the education quality insurance; generating public confidence in the system and educational institutions, education authorities; constant and consistent improvement of education quality; assistance to education establishments and other actors of educational activities in enhancing education quality. The task may be accomplished on the basis of effective and expedient use of all elements of the system of education quality assurance. Academic integrity is a newish concept for the legal framework, but it is not new for the use and practice of the educational institutions and applicants of different grade levels. It stands to mention the recent raising interest of scholars in the clarification of the essence of academic integrity as well as individual aspects of its application, for examples, a collective paper “Academic integrity as a basis for the sustainable university development” (Kyiv, 2016) 1 , a collective monograph “Academic integrity: compliance challenges and priorities of extension among young researchers” (Dnipro, 2017) 2 , proceedings of III International scientific-practical conference of students and young researchers “Academic integrity of a student as a factor for civil society formation” (Chernivtsi, 2018) 3 etc. The relevance of the topic is due to the sound importance of academic integrity to guarantee and improve the education quality as well as the need to study the very legal aspect of establishing the general principles of academic integrity for their effective application.
{"title":"ACADEMIC INTEGRITY AS AN ELEMENT OF THE SYSTEM OF EDUCATION QUALITY ASSURANCE","authors":"Ya. O. Tytska","doi":"10.36059/978-966-397-181-0/271-279","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/271-279","url":null,"abstract":"INTRODUCTION In the modern context of education reforming as a multicomponent phenomenon, adoption of updated legislation including the regulations related to the independent functioning of the education system, the priority belongs to the education quality insurance; generating public confidence in the system and educational institutions, education authorities; constant and consistent improvement of education quality; assistance to education establishments and other actors of educational activities in enhancing education quality. The task may be accomplished on the basis of effective and expedient use of all elements of the system of education quality assurance. Academic integrity is a newish concept for the legal framework, but it is not new for the use and practice of the educational institutions and applicants of different grade levels. It stands to mention the recent raising interest of scholars in the clarification of the essence of academic integrity as well as individual aspects of its application, for examples, a collective paper “Academic integrity as a basis for the sustainable university development” (Kyiv, 2016) 1 , a collective monograph “Academic integrity: compliance challenges and priorities of extension among young researchers” (Dnipro, 2017) 2 , proceedings of III International scientific-practical conference of students and young researchers “Academic integrity of a student as a factor for civil society formation” (Chernivtsi, 2018) 3 etc. The relevance of the topic is due to the sound importance of academic integrity to guarantee and improve the education quality as well as the need to study the very legal aspect of establishing the general principles of academic integrity for their effective application.","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130844957","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/154-175
S. S. Nenko, Law.
{"title":"PUBLIC ADMINISTRATION AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION","authors":"S. S. Nenko, Law.","doi":"10.36059/978-966-397-181-0/154-175","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/154-175","url":null,"abstract":"","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127623057","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/36-50
L. V. Didenko
INTRODUCTION As with other areas of law (such as labor or civil), the system of civil procedural relations is a set of legal relations in the field of justice in civil cases, so their classification by many features is necessary. In spite of this, the problem of defining the system of civil procedural relations has not acquired a special interest of scientific, theoretical and scientific-practical interest to this day. Domestic scientists who in one way or another address this issue, use works dating back to the Soviet era. There have been very few studies conducted within the framework of the development of domestic legal institutions. The urgency of the analysis of this problem can be expressed in the following directions: first, the proper definition and classification of civil procedural relations guarantees the effectiveness of the procedural rights of citizens secured and guaranteed by the current legislation; secondly, a situation in which a highly-researched institute of civil procedural relations generally has separate elements that are actually outside the attention of scholars is unacceptable. Therefore, the low level of scientific development and the importance of this issue for the theory of civil procedural relations generally determine the need to study the system of civil procedural relations. However, despite the substantial amount of theoretical material on civil procedural relations, the issue of their system is still poorly understood, which makes the current study relevant.
{"title":"THE SYSTEM OF CIVIL PROCEDURAL RELATIONS","authors":"L. V. Didenko","doi":"10.36059/978-966-397-181-0/36-50","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/36-50","url":null,"abstract":"INTRODUCTION As with other areas of law (such as labor or civil), the system of civil procedural relations is a set of legal relations in the field of justice in civil cases, so their classification by many features is necessary. In spite of this, the problem of defining the system of civil procedural relations has not acquired a special interest of scientific, theoretical and scientific-practical interest to this day. Domestic scientists who in one way or another address this issue, use works dating back to the Soviet era. There have been very few studies conducted within the framework of the development of domestic legal institutions. The urgency of the analysis of this problem can be expressed in the following directions: first, the proper definition and classification of civil procedural relations guarantees the effectiveness of the procedural rights of citizens secured and guaranteed by the current legislation; secondly, a situation in which a highly-researched institute of civil procedural relations generally has separate elements that are actually outside the attention of scholars is unacceptable. Therefore, the low level of scientific development and the importance of this issue for the theory of civil procedural relations generally determine the need to study the system of civil procedural relations. However, despite the substantial amount of theoretical material on civil procedural relations, the issue of their system is still poorly understood, which makes the current study relevant.","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125453462","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/104-120
A. F. Kryzhanovskii, D. A. Radzilevych
INTRODUCTION If we try to define the word that was most often used in all forms of public discourse (scientific, political, philosophical, ideological, cultural, political, everyday, etc.) in the late twentieth and early twenty-FIRST centuries, and caused a huge range of (often diametrically opposed) opinions, arguments, emotions and feelings, then one of the unconditional nominees for the championship will be the category “globalization”. During this period, it somewhat pushed the already well-known specialists another common category“regionalization”. However, the dominant trend, as always, quite unexpectedly transformed the processes of modern social development in a new direction, asserting the understanding that regionalization is also becoming “global”. This convergence is due to the direct connection of “global regionalization” with the processes of universal forms of existence of human society and the resolution of global problems of our time. Trends of globalization, localization and regionalization reflect the dialectical unity of the main contradictions of social life that arise before humanity at the beginning of the XXI century, and according to experts, global problems are embodied at different levels of locality in accordance with the unique characteristics of each region. Therefore, our dependencies today, as rightly noted by S. Bauman, are completely global, however, our actions are still local 1 . This has become one of the causes of a kind of cognitive dissonance, which causes ideological, political, scientific contradictions and conflicts, and often generates destructive behavior of both individuals and human communities, large and small institutions regarding the perception of real or inspired risks of globalization, real or imaginary dangers. Regionalization of various spheres of life of modern society has become a phenomenon that has established itself as a subject of understanding of a whole range of sciences-geography, history, economics, ethnography,
{"title":"REGIONAL LEGAL ORDER: INSTITUTIONALIZATION OF THE PHENOMENON AND CONCEPTUALIZATION OF THE CONCEPT","authors":"A. F. Kryzhanovskii, D. A. Radzilevych","doi":"10.36059/978-966-397-181-0/104-120","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/104-120","url":null,"abstract":"INTRODUCTION If we try to define the word that was most often used in all forms of public discourse (scientific, political, philosophical, ideological, cultural, political, everyday, etc.) in the late twentieth and early twenty-FIRST centuries, and caused a huge range of (often diametrically opposed) opinions, arguments, emotions and feelings, then one of the unconditional nominees for the championship will be the category “globalization”. During this period, it somewhat pushed the already well-known specialists another common category“regionalization”. However, the dominant trend, as always, quite unexpectedly transformed the processes of modern social development in a new direction, asserting the understanding that regionalization is also becoming “global”. This convergence is due to the direct connection of “global regionalization” with the processes of universal forms of existence of human society and the resolution of global problems of our time. Trends of globalization, localization and regionalization reflect the dialectical unity of the main contradictions of social life that arise before humanity at the beginning of the XXI century, and according to experts, global problems are embodied at different levels of locality in accordance with the unique characteristics of each region. Therefore, our dependencies today, as rightly noted by S. Bauman, are completely global, however, our actions are still local 1 . This has become one of the causes of a kind of cognitive dissonance, which causes ideological, political, scientific contradictions and conflicts, and often generates destructive behavior of both individuals and human communities, large and small institutions regarding the perception of real or inspired risks of globalization, real or imaginary dangers. Regionalization of various spheres of life of modern society has become a phenomenon that has established itself as a subject of understanding of a whole range of sciences-geography, history, economics, ethnography,","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126483844","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/67-83
O. S. Kizlova
INTRODUCTION It is well known that the fundamental ownership right in the sphere of business is the property right. Property right is the right of a person to a thing (property), which he performs in accordance with the law of his own will, regardless of the will of other persons (Article 316 of the Civil Code of Ukraine). The basis of any property is the economic relations of appropriation created in the process of social production of tangible goods (natural resources, means and products of productive activity, etc.), through an appropriate socio-economic system, which expresses the attitude of some persons to these tangible goods as “their”, and others as “someone else’s”. Therefore, the first ones acquire the power of the “owner” of the property, the second onesacquire the obligation to refrain from encroachment on him and to create obstacles to the “owner” in the dominance of this property. Property is a public relation between people about aught whose behavior is volitional. However, the functioning of this attitude and the behavior of its participants requires the necessary legal regulation. In the context of the above subject of guarantee of property rights in accordance with Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, in addition to this Article of the First Protocol, are also guaranteed the right to a fair trial (Article 6), the right to an effective remedy (Article 13), and the prohibition of discrimination (Article 14), the prohibition of abuse of rights (Article 17). The first Protocol defines the boundaries of international legal regulation of property rights issues. Legal regulation of property protection is a prerogative of the internal law of States. At the present stage of development, the legal ownership regime is changing significantly. This process is objectively caused by the need of the economy and at the same time the need to strengthen social regulation and fulfill the social functions of the state 1 .
{"title":"PROTECTION OF PROPERTY RIGHTS IN THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND THE PRACTICE OF THE ECTHR","authors":"O. S. Kizlova","doi":"10.36059/978-966-397-181-0/67-83","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/67-83","url":null,"abstract":"INTRODUCTION It is well known that the fundamental ownership right in the sphere of business is the property right. Property right is the right of a person to a thing (property), which he performs in accordance with the law of his own will, regardless of the will of other persons (Article 316 of the Civil Code of Ukraine). The basis of any property is the economic relations of appropriation created in the process of social production of tangible goods (natural resources, means and products of productive activity, etc.), through an appropriate socio-economic system, which expresses the attitude of some persons to these tangible goods as “their”, and others as “someone else’s”. Therefore, the first ones acquire the power of the “owner” of the property, the second onesacquire the obligation to refrain from encroachment on him and to create obstacles to the “owner” in the dominance of this property. Property is a public relation between people about aught whose behavior is volitional. However, the functioning of this attitude and the behavior of its participants requires the necessary legal regulation. In the context of the above subject of guarantee of property rights in accordance with Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, in addition to this Article of the First Protocol, are also guaranteed the right to a fair trial (Article 6), the right to an effective remedy (Article 13), and the prohibition of discrimination (Article 14), the prohibition of abuse of rights (Article 17). The first Protocol defines the boundaries of international legal regulation of property rights issues. Legal regulation of property protection is a prerogative of the internal law of States. At the present stage of development, the legal ownership regime is changing significantly. This process is objectively caused by the need of the economy and at the same time the need to strengthen social regulation and fulfill the social functions of the state 1 .","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122363670","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 : 1900-01-01DOI: 10.36059/978-966-397-181-0/255-270
Andrei Shleifer, Robert W. Vishny, Jung Chul Parkb
INTRODUCTION Nowadays, on the stage of democratic state development the counterstand and prevention of corruption have great significance. To provide it, Ukraine holds on the course of implementation of anticorruption policy, the chief fundaments of which are legislated in The Constitution of Ukraine and in the Law of Ukraine “On Prevention of Corruption” and in the international treaties that are obligatory according to the consent of Verknovna Rada of Ukraine and in another regulatory legal acts. Scientific foundation of directions, means and methods of corruption prevention is represented in numerous treatises. Thus, there were widely covered by the scientists: modern problems of fight against corruption (Kulakovskiy R., 2005); issues of state and legal mechanism of corruption counterstand (Besdolniy M., 2009); instruments of corruption counterstand in community arsenal – from fight against corruption to prevention of corruption (Khmara O., 2010) etc. There were also represented by scientists the issues concerning: peculiarities of corruption’s factors influence on economical development of state (Andrei Shleifer, Robert W. Vishny., 1993); causes and factors of corruption and its influence on economy (Verstiuk S., 2001); causes and factors of corruption origin and fight against it (Didenko D., 2010); causes and factors of extension and mechanisms of fight against it (Driomov S., Kalnish Y., 2010) etc. Scientists distinguished objective and subjective factors are lied at the root of the causes of corruption and it’s a condition for corruption activities (Yatskiv I., 2008; Shediy M., 2012 etc.). The group of objective factors consists of: political, economical, legal, organizational and administrative, social and psychological, historical ones (Beliaev N., Volgareva I., Kropachev N., 1992 1 ; Andrei Shleifer, Robert W. Vishny., 1993 2 ; Christos
在民主国家发展的今天，反对和预防腐败具有重要的意义。为此，乌克兰坚持其反腐败政策的实施过程，其主要依据是乌克兰宪法和乌克兰《预防腐败法》以及乌克兰最高议会同意的强制性国际条约和其他规范性法律文件。预防腐败的方向、手段和方法的科学依据在众多的论著中得到体现。因此，有被科学家广泛覆盖的:现代反腐败问题(Kulakovskiy R.， 2005);反腐败国家与法律机制问题(Besdolniy M.， 2009);社区武器库中的反腐败手段——从打击腐败到预防腐败(Khmara O.， 2010)等。以科学家为代表的问题还有:腐败因素对国家经济发展影响的特殊性(Andrei Shleifer, Robert W. Vishny)。, 1993);腐败的原因和因素及其对经济的影响(Verstiuk S.， 2001);腐败产生的原因、因素及反腐败斗争(Didenko D.， 2010);延伸的原因、因素和对抗机制(Driomov S.， Kalnish Y.， 2010)等。科学家区分了客观因素和主观因素是腐败产生的根本原因，是腐败活动的条件(Yatskiv I.， 2008;Shediy M.， 2012等)。这组客观因素包括:政治、经济、法律、组织和行政、社会和心理、历史因素(Beliaev N.， Volgareva I.， Kropachev N.， 1992);Andrei Shleifer, Robert W. Vishny。， 1993年2;克里斯托
{"title":"PRINCIPAL OBJECTIVE AND SUBJECTIVE FACTORS THAT DETERMINE CORRUPTION","authors":"Andrei Shleifer, Robert W. Vishny, Jung Chul Parkb","doi":"10.36059/978-966-397-181-0/255-270","DOIUrl":"https://doi.org/10.36059/978-966-397-181-0/255-270","url":null,"abstract":"INTRODUCTION Nowadays, on the stage of democratic state development the counterstand and prevention of corruption have great significance. To provide it, Ukraine holds on the course of implementation of anticorruption policy, the chief fundaments of which are legislated in The Constitution of Ukraine and in the Law of Ukraine “On Prevention of Corruption” and in the international treaties that are obligatory according to the consent of Verknovna Rada of Ukraine and in another regulatory legal acts. Scientific foundation of directions, means and methods of corruption prevention is represented in numerous treatises. Thus, there were widely covered by the scientists: modern problems of fight against corruption (Kulakovskiy R., 2005); issues of state and legal mechanism of corruption counterstand (Besdolniy M., 2009); instruments of corruption counterstand in community arsenal – from fight against corruption to prevention of corruption (Khmara O., 2010) etc. There were also represented by scientists the issues concerning: peculiarities of corruption’s factors influence on economical development of state (Andrei Shleifer, Robert W. Vishny., 1993); causes and factors of corruption and its influence on economy (Verstiuk S., 2001); causes and factors of corruption origin and fight against it (Didenko D., 2010); causes and factors of extension and mechanisms of fight against it (Driomov S., Kalnish Y., 2010) etc. Scientists distinguished objective and subjective factors are lied at the root of the causes of corruption and it’s a condition for corruption activities (Yatskiv I., 2008; Shediy M., 2012 etc.). The group of objective factors consists of: political, economical, legal, organizational and administrative, social and psychological, historical ones (Beliaev N., Volgareva I., Kropachev N., 1992 1 ; Andrei Shleifer, Robert W. Vishny., 1993 2 ; Christos","PeriodicalId":340866,"journal":{"name":"JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124050557","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：