Pub Date : 2019-09-24DOI: 10.18523/2617-2607.2020.5.19-24
I. Dzera
{"title":"Theoretical and Practical Aspects of Execution and Protection of the Right of Shared Ownership in Case of Allocation, Division and Sale of Common Property","authors":"I. Dzera","doi":"10.18523/2617-2607.2020.5.19-24","DOIUrl":"https://doi.org/10.18523/2617-2607.2020.5.19-24","url":null,"abstract":"","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47482231","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 : 2019-08-14DOI: 10.18523/2617-2607.2019.3.70-76
M. Koziubra
The article critically analyzes an approach to the interpretation of Constitutional Law as the field of national law and a subsystem of public law still popular in post-Soviet and national Constitutional scholarship. The author provides arguments on methodological inadequacy of traditional post-Soviet legal criteria of the division of law into branches and institutes. The availability of the subject of legal regulation (homogenic societal relations regulated by a number of legal norms) and the method of legal regulation being an instrument of the influence on societal relations being regulated by those, in each branch of law. It highly exceeds the borders of legal regulation of state governance homogenic relations being the subject of Constitutional law in the past. The scope of methods applied by it is much wider than the traditional public law imperative method built on the relations of power subordination. Therefore, in addition to the abovementioned method, Constitutional law frequently applies the dispositive method based on the equality of relations between the coordinated subjects on the contrary to subordination. Moreover, Constitutional law does not limit itself to the scope of national, internal law of the country. Its certain provisions have a supranational status bearing the ties of Constitutional law with International law. The article concludes that basing on its ontological nature, Constitutional law occupies a wider scope than it has traditionally been viewed and differentiated. It establishes basic, starting principles for the functioning and development of all the most important areas of societal relations linked primarily to the basics of legal status of the individual and the role of the state in its assurance. Constitutional law makes a specific basic subsystem of the national legal system and provides a fundamental basis for all of its branches as well as acts as a system-building pivot for the whole national legal system. Article received 13.03.2019
{"title":"Constitutional law: the field of law or a specific basic subsystem being a skeleton of national system of law","authors":"M. Koziubra","doi":"10.18523/2617-2607.2019.3.70-76","DOIUrl":"https://doi.org/10.18523/2617-2607.2019.3.70-76","url":null,"abstract":"The article critically analyzes an approach to the interpretation of Constitutional Law as the field of national law and a subsystem of public law still popular in post-Soviet and national Constitutional scholarship. The author provides arguments on methodological inadequacy of traditional post-Soviet legal criteria of the division of law into branches and institutes. The availability of the subject of legal regulation (homogenic societal relations regulated by a number of legal norms) and the method of legal regulation being an instrument of the influence on societal relations being regulated by those, in each branch of law. It highly exceeds the borders of legal regulation of state governance homogenic relations being the subject of Constitutional law in the past. The scope of methods applied by it is much wider than the traditional public law imperative method built on the relations of power subordination. Therefore, in addition to the abovementioned method, Constitutional law frequently applies the dispositive method based on the equality of relations between the coordinated subjects on the contrary to subordination. Moreover, Constitutional law does not limit itself to the scope of national, internal law of the country. Its certain provisions have a supranational status bearing the ties of Constitutional law with International law. The article concludes that basing on its ontological nature, Constitutional law occupies a wider scope than it has traditionally been viewed and differentiated. It establishes basic, starting principles for the functioning and development of all the most important areas of societal relations linked primarily to the basics of legal status of the individual and the role of the state in its assurance. Constitutional law makes a specific basic subsystem of the national legal system and provides a fundamental basis for all of its branches as well as acts as a system-building pivot for the whole national legal system. Article received 13.03.2019","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68266946","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 : 2019-08-14DOI: 10.18523/2617-2607.2019.3.49-54
N. Getmantseva
The article deals with issues related to the legal characteristic of an employment contract as a complex legal structure. It is noted that the modern conditions dictate the novelty of the very design of the concept and the content of the employment contract and its features: personal, organizational, and property, which are characterized by significant modifications caused by objective laws of development of labor relations. It is stated that the content of the employment contract includes the conditions stipulated (determined) at the state (centralized) level: laws, by-laws, and conditions stipulated (determined) at the contractual (local) level: which by-laws, on the basis of these laws, can be specified, supplemented, or set by the parties in an employment contract. It is noted that the observance of the rights and interests of the parties to the labor contract is an integral part of the rule of law, the maintenance of consent in society itself and for the benefit of society. Therefore, the content of the employment contract follows public-law and private law ties, designs that are inherent and characteristic of labor law as a branch of law in general. It is alleged that an employment contract is endowed with many peculiarities and features. A labor contract is a legal fact that realizes its main property – generates labor relations. Creating a labor relationship – the category of an item, an employment contract, as a category of method, he begins to regulate it. The substantive part of an employment contract is mainly applied in a direct connection with the law or under its action. The nature and ways of exercising this influence require research as having a direct relation to contractual legal regulation. It is concluded that the essence of an employment contract is revealed through the freedom of expression of will and the formal equality of the parties at the stages of the establishment, change, and termination of labor relations. In view of the above, labor contracts are the leading, defining means of regulating labor relations. The employment contract is the source of the rights and obligations of the parties.
{"title":"Labor contract as a multiple legal structure","authors":"N. Getmantseva","doi":"10.18523/2617-2607.2019.3.49-54","DOIUrl":"https://doi.org/10.18523/2617-2607.2019.3.49-54","url":null,"abstract":"The article deals with issues related to the legal characteristic of an employment contract as a complex legal structure. It is noted that the modern conditions dictate the novelty of the very design of the concept and the content of the employment contract and its features: personal, organizational, and property, which are characterized by significant modifications caused by objective laws of development of labor relations. It is stated that the content of the employment contract includes the conditions stipulated (determined) at the state (centralized) level: laws, by-laws, and conditions stipulated (determined) at the contractual (local) level: which by-laws, on the basis of these laws, can be specified, supplemented, or set by the parties in an employment contract. It is noted that the observance of the rights and interests of the parties to the labor contract is an integral part of the rule of law, the maintenance of consent in society itself and for the benefit of society. Therefore, the content of the employment contract follows public-law and private law ties, designs that are inherent and characteristic of labor law as a branch of law in general. It is alleged that an employment contract is endowed with many peculiarities and features. A labor contract is a legal fact that realizes its main property – generates labor relations. Creating a labor relationship – the category of an item, an employment contract, as a category of method, he begins to regulate it. The substantive part of an employment contract is mainly applied in a direct connection with the law or under its action. The nature and ways of exercising this influence require research as having a direct relation to contractual legal regulation. It is concluded that the essence of an employment contract is revealed through the freedom of expression of will and the formal equality of the parties at the stages of the establishment, change, and termination of labor relations. In view of the above, labor contracts are the leading, defining means of regulating labor relations. The employment contract is the source of the rights and obligations of the parties.","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44010281","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 : 2019-08-14DOI: 10.18523/2617-2607.2019.3.42-48
V. Galagan, O. Balatska
{"title":"Features of reviewing and searching during investigation of fraudulency on objects of railway transport","authors":"V. Galagan, O. Balatska","doi":"10.18523/2617-2607.2019.3.42-48","DOIUrl":"https://doi.org/10.18523/2617-2607.2019.3.42-48","url":null,"abstract":"","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43774405","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 : 2019-08-14DOI: 10.18523/2617-2607.2019.3.109-112
V. Soloviov
{"title":"Groups of legal procedural relations that arise when defender collects materials at the stage of a pre-trial investigation","authors":"V. Soloviov","doi":"10.18523/2617-2607.2019.3.109-112","DOIUrl":"https://doi.org/10.18523/2617-2607.2019.3.109-112","url":null,"abstract":"","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47520132","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 : 2019-08-14DOI: 10.18523/2617-2607.2019.3.19-25
Myroslava Antonovych
Although comparative genocide as the second generation of genocide studies has developed over the past two decades, the Holodomor as a crime of genocide committed by Stalin’s regime has not been examined in comparative perspective. In this article, the author traces the reasons for that and offers a comparative analysis of the Holodomor with examples of genocide in the first half of the 20th century – namely, the Armenian genocide of the Ottoman Empire and the Holocaust of Nazi Germany. The author compares the three genocides as crimes under international law in terms of the mental (mens rea) elements of genocide that characterize each of them, noting the dissimilarities and similarities in specific intent (dolus specialis) of those crimes. The author draws to the conclusion that the key common element in the genocides perpetrated in the Ottoman Empire, the Soviet Union, and the Third Reich is that state organization was substituted by hegemony of a ruling party: the Ittihadists, the Communists, and the Nazis. The importance of comparing cases of genocide is evident: if lessons from the past are not heeded and genocide is not punished, history will repeat itself as can be seen in the east and south (Crimea) of Ukraine, where the successor state to the Soviet Union – the Russian Federation – continues an attack on the Ukrainian nation.
{"title":"Спеціальний намір (dolus specialis) у Вірменському геноциді, Голодоморі та Голокості: порівняльний аналіз","authors":"Myroslava Antonovych","doi":"10.18523/2617-2607.2019.3.19-25","DOIUrl":"https://doi.org/10.18523/2617-2607.2019.3.19-25","url":null,"abstract":"Although comparative genocide as the second generation of genocide studies has developed over the past two decades, the Holodomor as a crime of genocide committed by Stalin’s regime has not been examined in comparative perspective. In this article, the author traces the reasons for that and offers a comparative analysis of the Holodomor with examples of genocide in the first half of the 20th century – namely, the Armenian genocide of the Ottoman Empire and the Holocaust of Nazi Germany. The author compares the three genocides as crimes under international law in terms of the mental (mens rea) elements of genocide that characterize each of them, noting the dissimilarities and similarities in specific intent (dolus specialis) of those crimes. The author draws to the conclusion that the key common element in the genocides perpetrated in the Ottoman Empire, the Soviet Union, and the Third Reich is that state organization was substituted by hegemony of a ruling party: the Ittihadists, the Communists, and the Nazis. The importance of comparing cases of genocide is evident: if lessons from the past are not heeded and genocide is not punished, history will repeat itself as can be seen in the east and south (Crimea) of Ukraine, where the successor state to the Soviet Union – the Russian Federation – continues an attack on the Ukrainian nation.","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":"3 1","pages":"19-25"},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68266919","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 : 2019-08-14DOI: 10.18523/2617-2607.2019.3.100-108
Taras Pashuk
{"title":"Foreseeability of legal grounds for disciplinary liability of judges: a general theoretical aspect","authors":"Taras Pashuk","doi":"10.18523/2617-2607.2019.3.100-108","DOIUrl":"https://doi.org/10.18523/2617-2607.2019.3.100-108","url":null,"abstract":"","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46320034","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 : 2019-08-14DOI: 10.18523/2617-2607.2019.3.35-41
I. Basysta
{"title":"Charging of court fees from the accused (convicted) individuals when resolving civil claims in an approved indictment","authors":"I. Basysta","doi":"10.18523/2617-2607.2019.3.35-41","DOIUrl":"https://doi.org/10.18523/2617-2607.2019.3.35-41","url":null,"abstract":"","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44425279","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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