Pub Date : 2022-08-18DOI: 10.32518/2617-4162-2022-5-3-16-22
S. Yesimov, V. Borovikova
The study considers theoretical and practical aspects of the administrative and legal implementation of the rights of business entities based on the current legislation and regulatory requirements of the European Union from the perspective of the modern theory of state and law and administrative law. The relevance of the subject matter is conditioned by the need to improve legislation for the purpose of a comprehensive theoretical substantiation for improving the efficiency of the implementation of rights by business entities in the context of the transformation of the Ukrainian economy. The purpose of the study is to investigate the implementation of the rights of business entities. The study applied the methodology of a systematic comprehensive analysis of legal phenomena using factor and evolutionary research methods. It is indicated that the activities of public administration bodies have public legal goals (law enforcement, regulatory, fiscal, and accounting). One of the activities of public administration bodies is to ensure the implementation of the rights of business entities. The specific features of administrative and legal implementation of business rights by public administration bodies are considered. It is indicated that this activity is implemented by issuing individual administrative legal acts or performing certain administrative actions. Implementation methods (registration, licensing procedures, certification, and accreditation) are considered. The content of technical regulation is disclosed, including the development and adoption of technical regulations, rules, standardisation, conformity assessment, quotas. The role and significance of state supervision and control in the sphere of entrepreneurial activity as a way of administrative and legal support for the implementation of the rights of business entities is substantiated. The role of administrative procedure law and administrative procedure for the administrative and legal implementation of the rights of business entities is indicated. The study is aimed at improving the norms of administrative law regarding the implementation of the rights of business entities.
{"title":"Administrative and Legal Implementation of the Rights of Business Entities","authors":"S. Yesimov, V. Borovikova","doi":"10.32518/2617-4162-2022-5-3-16-22","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-16-22","url":null,"abstract":"The study considers theoretical and practical aspects of the administrative and legal implementation of the rights of business entities based on the current legislation and regulatory requirements of the European Union from the perspective of the modern theory of state and law and administrative law. The relevance of the subject matter is conditioned by the need to improve legislation for the purpose of a comprehensive theoretical substantiation for improving the efficiency of the implementation of rights by business entities in the context of the transformation of the Ukrainian economy. The purpose of the study is to investigate the implementation of the rights of business entities. The study applied the methodology of a systematic comprehensive analysis of legal phenomena using factor and evolutionary research methods. It is indicated that the activities of public administration bodies have public legal goals (law enforcement, regulatory, fiscal, and accounting). One of the activities of public administration bodies is to ensure the implementation of the rights of business entities. The specific features of administrative and legal implementation of business rights by public administration bodies are considered. It is indicated that this activity is implemented by issuing individual administrative legal acts or performing certain administrative actions. Implementation methods (registration, licensing procedures, certification, and accreditation) are considered. The content of technical regulation is disclosed, including the development and adoption of technical regulations, rules, standardisation, conformity assessment, quotas. The role and significance of state supervision and control in the sphere of entrepreneurial activity as a way of administrative and legal support for the implementation of the rights of business entities is substantiated. The role of administrative procedure law and administrative procedure for the administrative and legal implementation of the rights of business entities is indicated. The study is aimed at improving the norms of administrative law regarding the implementation of the rights of business entities.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128530719","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 : 2022-08-17DOI: 10.32518/2617-4162-2022-5-3-76-82
Y. Tsurkan-Saifulina, Maryna Stupak
The relevance of the study is conditioned by the presence of a large number of problems of the professional training of future lawyers and the great importance of the practical application of attributes of psychological readiness in matters of their effective professional training. The purpose of the study is to comprehensively analyse the phenomenon of psychological readiness, to identify its relationship with the professional training of future lawyers, and to find out the most effective measures for the development of psychological readiness of future lawyers as a component of professional training. The following methods of scientific cognition were used in the study: terminological, logical and semantic, system and structural, functional, logical and normative, and non-experimental quantitative method of data collection by survey. The results showed that the psychological readiness of students to study has characteristics depending on what specialisation the law student chooses in the future. It was found that although students’ psychological readiness for e-learning was high, they lacked technological and instrumental readiness. In general, the results obtained and the conclusions formulated on their basis have both theoretical and practical importance, which consists in improving scientific approaches to understanding the content of psychological readiness as a component of professional training of future lawyers. These results can be used in the future as a developed scientific base for investigating the prospects for studying the psychological readiness of law students, solving and developing problematic issues revealed in this study, and implementing them in the educational process.
{"title":"Psychological Readiness as a Component of Professional Training of Future Lawyers","authors":"Y. Tsurkan-Saifulina, Maryna Stupak","doi":"10.32518/2617-4162-2022-5-3-76-82","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-76-82","url":null,"abstract":"The relevance of the study is conditioned by the presence of a large number of problems of the professional training of future lawyers and the great importance of the practical application of attributes of psychological readiness in matters of their effective professional training. The purpose of the study is to comprehensively analyse the phenomenon of psychological readiness, to identify its relationship with the professional training of future lawyers, and to find out the most effective measures for the development of psychological readiness of future lawyers as a component of professional training. The following methods of scientific cognition were used in the study: terminological, logical and semantic, system and structural, functional, logical and normative, and non-experimental quantitative method of data collection by survey. The results showed that the psychological readiness of students to study has characteristics depending on what specialisation the law student chooses in the future. It was found that although students’ psychological readiness for e-learning was high, they lacked technological and instrumental readiness. In general, the results obtained and the conclusions formulated on their basis have both theoretical and practical importance, which consists in improving scientific approaches to understanding the content of psychological readiness as a component of professional training of future lawyers. These results can be used in the future as a developed scientific base for investigating the prospects for studying the psychological readiness of law students, solving and developing problematic issues revealed in this study, and implementing them in the educational process.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121070201","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 : 2022-08-15DOI: 10.32518/2617-4162-2022-5-3-23-28
Оleksandr Kondratіuk
The selective establishment of an allowance for pedagogical workers, depending on the subordination and type of educational institution in Ukraine, is a discriminatory attitude towards a certain category of persons who, having the appropriate scientific or teaching experience, provide the educational process without receiving state-guaranteed allowances for this. The study reveals the problem of violation of the right of pedagogical workers among police officers serving in institutions of higher education with specific training conditions to receive allowances for the length of service of an academic worker. It is established that such a supplement is not charged at all to police officers who carry out pedagogical and academic activities in higher education institutions of the Ministry of Internal Affairs of Ukraine. The purpose of the study is to substantiate the legality of establishing and mandatory payment of scientific surcharges to police officers sent to educational institutions to ensure the educational process. The key methods of research are systematic and structural analysis, which allowed generalising and analysing bylaws, legislative and departmental regulations on the establishment of a long-service allowance for an academic worker to persons involved in ensuring the educational process in educational institutions with double subordination. It is proved that the state guarantee regarding the obligation to establish a long-service allowance for an academic worker, which is provided for by the laws of Ukraine, applies to police officers who are sent to higher educational institutions for service in the positions of educational workers. It is proved that in relation to such police officers, it is the legislative provisions that are special, and not the provisions of bylaws, and therefore, bylaws cannot be applied in case of competition of legal norms. The implementation of legislative and departmental regulations on the state guarantee of the rights of academic workers in terms of calculating the long-service allowance of an academic worker to a police officer sent to a higher education institution for further service as a educational worker and enrolment in the teaching experience of a police officer of periods of work in the positions of pedagogical and academic workers would lead to the expected economic effect, namely, an increase in its monetary support by approximately 10-30% of the official salary established by the educational institution.
{"title":"State Guarantees for the Establishment of a Monthly Long-Service Allowance of Academic Staff to a Police Officer Seconded to a Higher Education Institution with Specific Training Conditions to Ensure the Educational Process","authors":"Оleksandr Kondratіuk","doi":"10.32518/2617-4162-2022-5-3-23-28","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-23-28","url":null,"abstract":"The selective establishment of an allowance for pedagogical workers, depending on the subordination and type of educational institution in Ukraine, is a discriminatory attitude towards a certain category of persons who, having the appropriate scientific or teaching experience, provide the educational process without receiving state-guaranteed allowances for this. The study reveals the problem of violation of the right of pedagogical workers among police officers serving in institutions of higher education with specific training conditions to receive allowances for the length of service of an academic worker. It is established that such a supplement is not charged at all to police officers who carry out pedagogical and academic activities in higher education institutions of the Ministry of Internal Affairs of Ukraine. The purpose of the study is to substantiate the legality of establishing and mandatory payment of scientific surcharges to police officers sent to educational institutions to ensure the educational process. The key methods of research are systematic and structural analysis, which allowed generalising and analysing bylaws, legislative and departmental regulations on the establishment of a long-service allowance for an academic worker to persons involved in ensuring the educational process in educational institutions with double subordination. It is proved that the state guarantee regarding the obligation to establish a long-service allowance for an academic worker, which is provided for by the laws of Ukraine, applies to police officers who are sent to higher educational institutions for service in the positions of educational workers. It is proved that in relation to such police officers, it is the legislative provisions that are special, and not the provisions of bylaws, and therefore, bylaws cannot be applied in case of competition of legal norms. The implementation of legislative and departmental regulations on the state guarantee of the rights of academic workers in terms of calculating the long-service allowance of an academic worker to a police officer sent to a higher education institution for further service as a educational worker and enrolment in the teaching experience of a police officer of periods of work in the positions of pedagogical and academic workers would lead to the expected economic effect, namely, an increase in its monetary support by approximately 10-30% of the official salary established by the educational institution.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124775664","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 : 2022-08-12DOI: 10.32518/2617-4162-2022-5-3-45-51
Volodymyr Iashchenko, O. Balynska
The purpose of the study is to analyse the problems of guilt and substantiate the expediency of establishing the collective responsibility of Russian citizens for aggression against Ukraine. Using the theoretical legacy of the German scientist K. Jaspers, the authors justify their own approach to the interpretation of the concept of guilt and responsibility of both the individual and the public community as a whole in the context of the war that Russia has unleashed against Ukraine. The urgency of the problem lies in incriminating moral and political guilt to Russian citizens for military aggression against Ukraine and in the expediency of them realising their personal share of guilt and responsibility for the crimes committed by the political leadership and military personnel of the Russian Federation. The paper highlights the dialectic of the relationship between personal guilt and the so-called collective culpability of the Russian public, which should bear the main responsibility for the politics and criminal actions of its state. It is noted that the solution of this problem is largely connected with ensuring that all citizens of the aggressor state realise their involvement in criminal actions and atone for their guilt. Based on the theoretical legacy of K. Jaspers, theses regarding the phenomenon of guilt, its varieties in relation to the period of fascism in Germany were developed and these approaches were applied to the analysis of Russia's aggressive policy. The study focuses on the moral and existential methodological paradigm of guilt as a determining factor in its awareness. Techniques and methods of comparative analysis of the behaviour of Germans during the Second World War and Russians in modern conditions, extrapolation of the experience of denazification of the German people to the Russian public are also used. The conclusion about the need for the perpetrators to bear not only personal criminal responsibility, but also the consolidated political and moral responsibility of the Russian nation, the community, and the public in general for the war against Ukraine, and to feel the need to change the totalitarian political regime in Russia as dangerous for all mankind, is substantiated. This paper would be useful for anyone interested in the problems of the modern political and legal continuum generated by the Russian-Ukrainian war.
{"title":"Guilt and Responsibility of Russian Citizens for Aggression Against Ukraine: Modern Reading of Karl Jaspers","authors":"Volodymyr Iashchenko, O. Balynska","doi":"10.32518/2617-4162-2022-5-3-45-51","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-45-51","url":null,"abstract":"The purpose of the study is to analyse the problems of guilt and substantiate the expediency of establishing the collective responsibility of Russian citizens for aggression against Ukraine. Using the theoretical legacy of the German scientist K. Jaspers, the authors justify their own approach to the interpretation of the concept of guilt and responsibility of both the individual and the public community as a whole in the context of the war that Russia has unleashed against Ukraine. The urgency of the problem lies in incriminating moral and political guilt to Russian citizens for military aggression against Ukraine and in the expediency of them realising their personal share of guilt and responsibility for the crimes committed by the political leadership and military personnel of the Russian Federation. The paper highlights the dialectic of the relationship between personal guilt and the so-called collective culpability of the Russian public, which should bear the main responsibility for the politics and criminal actions of its state. It is noted that the solution of this problem is largely connected with ensuring that all citizens of the aggressor state realise their involvement in criminal actions and atone for their guilt. Based on the theoretical legacy of K. Jaspers, theses regarding the phenomenon of guilt, its varieties in relation to the period of fascism in Germany were developed and these approaches were applied to the analysis of Russia's aggressive policy. The study focuses on the moral and existential methodological paradigm of guilt as a determining factor in its awareness. Techniques and methods of comparative analysis of the behaviour of Germans during the Second World War and Russians in modern conditions, extrapolation of the experience of denazification of the German people to the Russian public are also used. The conclusion about the need for the perpetrators to bear not only personal criminal responsibility, but also the consolidated political and moral responsibility of the Russian nation, the community, and the public in general for the war against Ukraine, and to feel the need to change the totalitarian political regime in Russia as dangerous for all mankind, is substantiated. This paper would be useful for anyone interested in the problems of the modern political and legal continuum generated by the Russian-Ukrainian war.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117235764","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 : 2022-08-11DOI: 10.32518/2617-4162-2022-5-3-29-37
Victor Hryshchuk, Lidiia Paliukh
The study of problematic issues of responsibility for crimes and misdemeanours against justice becomes particularly relevant, considering the reform of judicial proceedings, and the discussion in the scientific community of the draft Criminal Code of Ukraine. The study applied a dialectical approach and the corresponding method, a systematic approach, methods of system analysis, technical and legal analysis, formal and logical, and sociological approaches. The purpose of this study is to formulate proposals on the structure of the division on responsibility for crimes, misdemeanours that encroach on the established procedure of legal proceedings, execution of court decisions, initial provisions on the regulation of the material basis of criminal liability for certain groups of encroachments on the established procedure of legal proceedings, execution of court decisions, approaches to criminal law protection of professional advocacy in the draft Criminal Code of Ukraine. As a result of the study, it was concluded that the criterion for systematisation of norms within the structural division of the draft Criminal Code of Ukraine on responsibility for encroachment on the established procedure for legal proceedings and enforcement of court decisions should be taken as a specific object of relevant crimes and misdemeanours. It is proposed to provide in the draft Criminal Code of Ukraine responsibility for interference in the activities of special victims – participants in relations on the implementation of legal proceedings and the execution of court decisions with differentiation of forms of such influence on the relevant victims depending on its intensity, which, accordingly, have different degrees of public danger. The expediency of placing in the structural unit of the draft Criminal Code of Ukraine on liability for crimes and misdemeanours against justice, the rules protecting social relations that ensure the activities of the defender, the representative of the person has been substantiated. At the same time, it is proposed to provide for a separate provision in the structural subdivision of the special part of the Criminal Code of Ukraine, where the object is social relations to ensure the socio-economic rights of a person, which would establish liability for intentional obstruction of a lawyer in the exercise of their lawful professional activity, in the absence of signs of criminal offences providing for liability for unlawful influence on a defender or representative. The provisions and proposals formulated by this study may be useful when developing the draft Criminal Code of Ukraine.
{"title":"Problematic Issues of Liability for Crimes against Justice in the Criminal Law Doctrine","authors":"Victor Hryshchuk, Lidiia Paliukh","doi":"10.32518/2617-4162-2022-5-3-29-37","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-29-37","url":null,"abstract":"The study of problematic issues of responsibility for crimes and misdemeanours against justice becomes particularly relevant, considering the reform of judicial proceedings, and the discussion in the scientific community of the draft Criminal Code of Ukraine. The study applied a dialectical approach and the corresponding method, a systematic approach, methods of system analysis, technical and legal analysis, formal and logical, and sociological approaches. The purpose of this study is to formulate proposals on the structure of the division on responsibility for crimes, misdemeanours that encroach on the established procedure of legal proceedings, execution of court decisions, initial provisions on the regulation of the material basis of criminal liability for certain groups of encroachments on the established procedure of legal proceedings, execution of court decisions, approaches to criminal law protection of professional advocacy in the draft Criminal Code of Ukraine. As a result of the study, it was concluded that the criterion for systematisation of norms within the structural division of the draft Criminal Code of Ukraine on responsibility for encroachment on the established procedure for legal proceedings and enforcement of court decisions should be taken as a specific object of relevant crimes and misdemeanours. It is proposed to provide in the draft Criminal Code of Ukraine responsibility for interference in the activities of special victims – participants in relations on the implementation of legal proceedings and the execution of court decisions with differentiation of forms of such influence on the relevant victims depending on its intensity, which, accordingly, have different degrees of public danger. The expediency of placing in the structural unit of the draft Criminal Code of Ukraine on liability for crimes and misdemeanours against justice, the rules protecting social relations that ensure the activities of the defender, the representative of the person has been substantiated. At the same time, it is proposed to provide for a separate provision in the structural subdivision of the special part of the Criminal Code of Ukraine, where the object is social relations to ensure the socio-economic rights of a person, which would establish liability for intentional obstruction of a lawyer in the exercise of their lawful professional activity, in the absence of signs of criminal offences providing for liability for unlawful influence on a defender or representative. The provisions and proposals formulated by this study may be useful when developing the draft Criminal Code of Ukraine.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126088462","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 : 2022-08-08DOI: 10.32518/2617-4162-2022-5-3-38-44
Anna Barankevych
The relevance of the subject matter is primarily conditioned by the specific features of the civil status of minors as participants in hereditary legal relations. Their lack of absolute autonomy and legal independence requires the use of special ways to protect their inheritance rights, but the structured list of special ways to protect them is not legally consolidated. The purpose of the study is to identify and reveal the essence of special methods of protection that can be applied in case of violation of the inheritance rights of minors. Using the method of analysis, the content of the legal nature of special ways to protect the inheritance rights of minors is clarified. The comparative legal method helped determine how much external objective factors and social factors determine the choice of certain special ways to protect the inheritance rights of minors. As a result of the conducted research, the content of special methods of protecting inheritance rights is revealed. The expediency of applying specific special methods of protection to hereditary legal relations involving minors is substantiated. The features of protecting the inheritance rights of minors are illustrated. The following special ways of protecting the inheritance rights of minors are identified and analysed: invalidation of the certificate of inheritance rights; reduction of the size of the mandatory share; interpretation of the will carried out by the court; recognition of the will (separate order) as invalid; certification of the fact that an individual (legal entity) is the executor of the will. Special ways of protecting inheritance rights, consolidated in civil legislation, are investigated, considering the specifics of the legal status of the subject whose inheritance rights are violated. It is indicated that the level of effectiveness of such methods of protection depends primarily on the type of right that has been violated and is subject to protection. It is noted that in practice, the chosen algorithm for protecting the inheritance rights of minors should first of all ensure the effectiveness of protecting the violated right. The results of the study can be used in notarial activities when it is necessary to ensure compliance with the rights and legitimate interests of a minor as an heir. In addition, the conclusions of the study are of practical importance for ensuring the unity of judicial practice in resolving inheritance disputes involving a minor and for choosing the most effective way to protect their rights.
{"title":"Special Ways to Protect the Inheritance Rights of Minors","authors":"Anna Barankevych","doi":"10.32518/2617-4162-2022-5-3-38-44","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-38-44","url":null,"abstract":"The relevance of the subject matter is primarily conditioned by the specific features of the civil status of minors as participants in hereditary legal relations. Their lack of absolute autonomy and legal independence requires the use of special ways to protect their inheritance rights, but the structured list of special ways to protect them is not legally consolidated. The purpose of the study is to identify and reveal the essence of special methods of protection that can be applied in case of violation of the inheritance rights of minors. Using the method of analysis, the content of the legal nature of special ways to protect the inheritance rights of minors is clarified. The comparative legal method helped determine how much external objective factors and social factors determine the choice of certain special ways to protect the inheritance rights of minors. As a result of the conducted research, the content of special methods of protecting inheritance rights is revealed. The expediency of applying specific special methods of protection to hereditary legal relations involving minors is substantiated. The features of protecting the inheritance rights of minors are illustrated. The following special ways of protecting the inheritance rights of minors are identified and analysed: invalidation of the certificate of inheritance rights; reduction of the size of the mandatory share; interpretation of the will carried out by the court; recognition of the will (separate order) as invalid; certification of the fact that an individual (legal entity) is the executor of the will. Special ways of protecting inheritance rights, consolidated in civil legislation, are investigated, considering the specifics of the legal status of the subject whose inheritance rights are violated. It is indicated that the level of effectiveness of such methods of protection depends primarily on the type of right that has been violated and is subject to protection. It is noted that in practice, the chosen algorithm for protecting the inheritance rights of minors should first of all ensure the effectiveness of protecting the violated right. The results of the study can be used in notarial activities when it is necessary to ensure compliance with the rights and legitimate interests of a minor as an heir. In addition, the conclusions of the study are of practical importance for ensuring the unity of judicial practice in resolving inheritance disputes involving a minor and for choosing the most effective way to protect their rights.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122119011","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 : 2022-08-04DOI: 10.32518/2617-4162-2022-5-3-60-65
O. Batiuk
The relevance of this study is conditioned upon the fact that Ukraine is doing and will do everything possible to restore control over the Crimean Peninsula. Therefore, the development of measures for its reintegration is of immense importance today, especially in the field of critical infrastructure. This topic has not yet been covered by Ukrainian scientists and requires analysis and development of corresponding legal mechanisms, which is the purpose of scientific research. The analysis of current Ukrainian legislation and foreign practices (using the methods of analysis, synthesis, and systemic approach) allowed finding several main organizational and legal factors that would contribute to the acceleration of liberation and reintegration of the temporarily occupied territory of the Autonomous Republic of Crimea. The study substantiates the need for public monitoring of the natural environment in the temporarily occupied territory, namely: the landscape of the earth’s surface, minerals, water, air, flora and fauna, natural resources of the exclusive (marine) economic zone of Ukraine, the continental shelf and sea waters to record the facts of environmental illegal acts (crimes). Emphasis is placed on the effective application of international cooperation procedures in the field of environmental protection. The study proved the need to create a unified register of damage caused to the Ukrainian state in general and to citizens and legal entities in particular because of the illegal actions of the occupation administrations, which led to contamination and pollution of nature in the temporarily occupied territory. Emphasis is placed on compliance with the international obligations undertaken by Ukraine, related to the implementation of the provisions of international treaties in the field of environmental protection, primarily regarding the problems of preserving the natural environment of the Azov and Black Seas and preventing the spread of chemical or bacteriological weapons in the waters of the Black Sea. The practical significance of this study lies in the developed legal mechanism of measures to improve the water supply system of the Autonomous Republic of Crimea after the complete liberation of the occupied territory.
{"title":"Liberation of Critical Infrastructure Facilities of the Autonomous Republic of Crimea","authors":"O. Batiuk","doi":"10.32518/2617-4162-2022-5-3-60-65","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-60-65","url":null,"abstract":"The relevance of this study is conditioned upon the fact that Ukraine is doing and will do everything possible to restore control over the Crimean Peninsula. Therefore, the development of measures for its reintegration is of immense importance today, especially in the field of critical infrastructure. This topic has not yet been covered by Ukrainian scientists and requires analysis and development of corresponding legal mechanisms, which is the purpose of scientific research. The analysis of current Ukrainian legislation and foreign practices (using the methods of analysis, synthesis, and systemic approach) allowed finding several main organizational and legal factors that would contribute to the acceleration of liberation and reintegration of the temporarily occupied territory of the Autonomous Republic of Crimea. The study substantiates the need for public monitoring of the natural environment in the temporarily occupied territory, namely: the landscape of the earth’s surface, minerals, water, air, flora and fauna, natural resources of the exclusive (marine) economic zone of Ukraine, the continental shelf and sea waters to record the facts of environmental illegal acts (crimes). Emphasis is placed on the effective application of international cooperation procedures in the field of environmental protection. The study proved the need to create a unified register of damage caused to the Ukrainian state in general and to citizens and legal entities in particular because of the illegal actions of the occupation administrations, which led to contamination and pollution of nature in the temporarily occupied territory. Emphasis is placed on compliance with the international obligations undertaken by Ukraine, related to the implementation of the provisions of international treaties in the field of environmental protection, primarily regarding the problems of preserving the natural environment of the Azov and Black Seas and preventing the spread of chemical or bacteriological weapons in the waters of the Black Sea. The practical significance of this study lies in the developed legal mechanism of measures to improve the water supply system of the Autonomous Republic of Crimea after the complete liberation of the occupied territory.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126182430","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 : 2022-07-19DOI: 10.32518/2617-4162-2022-5-3-9-15
Z. Kisil, O. Tarasenko
Given the European choice of Ukraine, there is an urgent need to create and implement a new anti-corruption policy, considering the positive aspects of the existing international experience. The relevance of the scientific investigation is conditioned by the fact that the existing problem of countering corruption is not only national but also global. The purpose of the study is to consider the international experience of preventing corruption torts to implement them in Ukrainian legislation. The methodological basis of the study is a system of methods and techniques of scientific cognition, namely: system analysis, comparative and implementation method, statistical method, and retrospective method. The study provides a systematic review of international concepts of prevention of corruption torts. It is noted that in the context of globalisation processes taking place in modern society, the need to implement positive foreign experience in the system of the current legislation of Ukraine becomes extremely relevant. A thorough analysis of a number of measures taken by leading states that are designed to prevent corruption offences was also carried out. The positive experience of states with the lowest level of corruption is positioned and ways to achieve such a result are indicated. The study analyses the anti-corruption strategies of such countries as Singapore, the Netherlands, Belgium, Israel, the United States, the Slovak Republic, Germany, and Poland. Attention is drawn to the fact that in countries with a low level of corruption, repressive measures are combined with a comprehensive elimination of the determinants of corruption offences in models of preventing corruption. The paper states that the latest strategy for preventing corruption requires the development of active cooperation between state bodies, law enforcement agencies, and civil society in order to prevent and counteract corruption torts. At the same time, an important determinant of preventing corruption torts is the growth of civil consciousness. It is emphasised that corruption offences are an extremely dangerous phenomenon inherent in all states of the modern world. It is revealed that a number of foreign countries have managed to create a modern and effective algorithm for preventing and countering corruption offences. The paper highlights the main determinants of corruption prevention that are approved by the international community, namely: normative regulation of the activities of civil servants, the establishment of a clear system of legal responsibility for violating the requirements of anti-corruption legislation, transparency in the professional activities of officials, the introduction of social programmes and educational campaigns on corruption topics. The provisions presented in the paper can become an effective basis for building a successful anti-corruption policy in Ukraine.
{"title":"International Experience in Preventing Corruption as a Vector for Creating a National Anti-Corruption Strategy in Ukraine","authors":"Z. Kisil, O. Tarasenko","doi":"10.32518/2617-4162-2022-5-3-9-15","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-3-9-15","url":null,"abstract":"Given the European choice of Ukraine, there is an urgent need to create and implement a new anti-corruption policy, considering the positive aspects of the existing international experience. The relevance of the scientific investigation is conditioned by the fact that the existing problem of countering corruption is not only national but also global. The purpose of the study is to consider the international experience of preventing corruption torts to implement them in Ukrainian legislation. The methodological basis of the study is a system of methods and techniques of scientific cognition, namely: system analysis, comparative and implementation method, statistical method, and retrospective method. The study provides a systematic review of international concepts of prevention of corruption torts. It is noted that in the context of globalisation processes taking place in modern society, the need to implement positive foreign experience in the system of the current legislation of Ukraine becomes extremely relevant. A thorough analysis of a number of measures taken by leading states that are designed to prevent corruption offences was also carried out. The positive experience of states with the lowest level of corruption is positioned and ways to achieve such a result are indicated. The study analyses the anti-corruption strategies of such countries as Singapore, the Netherlands, Belgium, Israel, the United States, the Slovak Republic, Germany, and Poland. Attention is drawn to the fact that in countries with a low level of corruption, repressive measures are combined with a comprehensive elimination of the determinants of corruption offences in models of preventing corruption. The paper states that the latest strategy for preventing corruption requires the development of active cooperation between state bodies, law enforcement agencies, and civil society in order to prevent and counteract corruption torts. At the same time, an important determinant of preventing corruption torts is the growth of civil consciousness. It is emphasised that corruption offences are an extremely dangerous phenomenon inherent in all states of the modern world. It is revealed that a number of foreign countries have managed to create a modern and effective algorithm for preventing and countering corruption offences. The paper highlights the main determinants of corruption prevention that are approved by the international community, namely: normative regulation of the activities of civil servants, the establishment of a clear system of legal responsibility for violating the requirements of anti-corruption legislation, transparency in the professional activities of officials, the introduction of social programmes and educational campaigns on corruption topics. The provisions presented in the paper can become an effective basis for building a successful anti-corruption policy in Ukraine.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129302800","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}
The growth of the shadow sector of the economy of Ukraine has a considerable destabilising impact on the country’s financial sector, as a result of which increase threats, risks, challenges, and dangers to the financial security of the state, which intensify the macroeconomic and socio-political crisis. Under such conditions, the problems of justifying the institutional foundations and determining the vectors of de-shadowing the Ukrainian economy are being updated, the solution of which will ensure an optimal level of financial security of the state. The purpose of this study was to expand research on the theoretical foundations and practical recommendations on the institutional foundations of de-shadowing the Ukrainian economy in the national financial security system. The theoretical and methodological framework of this study included methods of analysis and synthesis, analogy and comparison, generalisation and systematisation, and a graphical method. The essence of the shadow economy, financial security, de-shadowing of the economy was determined and the place of the shadow economy in the system of national financial security was outlined, the influence of the shadow economy on the level of financial security of Ukraine and the dynamics of the level of the shadow economy, changes in the volume of real GDP of Ukraine, the dynamics of the level of the shadow economy of Ukraine in the context of economic activities, and the dynamics of the volume and level of official GDP created by shadow wages was analysed. The main risks, threats, challenges, and dangers of the national financial security were investigated, and it was proved that one of its biggest threats is shadow economic activity. The main vectors of economy de-shadowing were considered and improvement of methodological tools for assessing the level of the shadow economy of Ukraine was proposed. Strategic priorities of de-shadowing the Ukrainian economy in the system of ensuring financial security of the state were defined, namely the development of legal conditions for de-shadowing wages and improving the quality and efficiency of public finance management. The obtained results of the study can be used by state authorities, forming financial policy, and determining the main vectors of de-shadowing the economy of Ukraine
{"title":"Institutional Foundations of de-Shadowing the Economy of Ukraine in the National Financial Security System","authors":"Vyacheslav Blikhar, Mariia Vinichuk, Angela Ryzhkova","doi":"10.32518/2617-4162-2022-5-2-68-76","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-2-68-76","url":null,"abstract":"The growth of the shadow sector of the economy of Ukraine has a considerable destabilising impact on the country’s financial sector, as a result of which increase threats, risks, challenges, and dangers to the financial security of the state, which intensify the macroeconomic and socio-political crisis. Under such conditions, the problems of justifying the institutional foundations and determining the vectors of de-shadowing the Ukrainian economy are being updated, the solution of which will ensure an optimal level of financial security of the state. The purpose of this study was to expand research on the theoretical foundations and practical recommendations on the institutional foundations of de-shadowing the Ukrainian economy in the national financial security system. The theoretical and methodological framework of this study included methods of analysis and synthesis, analogy and comparison, generalisation and systematisation, and a graphical method. The essence of the shadow economy, financial security, de-shadowing of the economy was determined and the place of the shadow economy in the system of national financial security was outlined, the influence of the shadow economy on the level of financial security of Ukraine and the dynamics of the level of the shadow economy, changes in the volume of real GDP of Ukraine, the dynamics of the level of the shadow economy of Ukraine in the context of economic activities, and the dynamics of the volume and level of official GDP created by shadow wages was analysed. The main risks, threats, challenges, and dangers of the national financial security were investigated, and it was proved that one of its biggest threats is shadow economic activity. The main vectors of economy de-shadowing were considered and improvement of methodological tools for assessing the level of the shadow economy of Ukraine was proposed. Strategic priorities of de-shadowing the Ukrainian economy in the system of ensuring financial security of the state were defined, namely the development of legal conditions for de-shadowing wages and improving the quality and efficiency of public finance management. The obtained results of the study can be used by state authorities, forming financial policy, and determining the main vectors of de-shadowing the economy of Ukraine","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130865057","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 : 2022-05-25DOI: 10.32518/2617-4162-2022-5-2-45-53
Vira Navrotska
The need to find and develop humane and adequate measures to combat juvenile delinquency, to ensure strict individualisation in the choice of means of influencing children-offenders in combination with maximum respect for their legitimate interests, is indisputable, which is the relevance of this paper. The purpose of this study was to identify the shortcomings in the construction of norms regulating the closure of criminal proceedings against minors in connection with the application of compulsory educational measures to them, to provide recommendations for improving the relevant norms of criminal and criminal procedural legislation and the practice of their application. During the study, various methods of cognition were applied: dialectical, comparative, modelling, system-structural analysis, and dogmatic. It was proved that when applying compulsory educational measures, it is necessary to find out the attitude of a minor towards what they have done. It was noted that the effectiveness and efficiency of transferring a minor under supervision depends entirely on the capabilities and responsibility of the person assigned to supervise the minor. Therefore, even though the law does not require the consent of a legal representative to such a transfer, such consent is factually crucial. The legislators’ approach was criticised, which, instead of clearly defining the lower and upper limits of the duration of such measures, is limited to indicating that the duration of compulsory educational measures prescribed in clauses 2 and 3 of Part 2 of Article 105 of the Criminal Code of Ukraine is established by the court that appoints them. It was stated that the optimal period for these measures is one, maximum two years. Therefore, it was proposed to amend Article 105 of the Criminal Code of Ukraine aimed at establishing the period for which compulsory educational measures can be imposed, as well as at determining the circumstances that the court must consider as the basis for choosing one of these measures. It was proposed that the performance of a minor’s obligation to compensate for the damage caused should make provision for the following forms: 1) monetary, 2) in-kind – transfer of property, 3) labour. Furthermore, it was proposed that with these methods it is possible to compensate not only for property, but also for moral damage.
{"title":"Compulsory Educational Measures Applied to Minors: Debatable Issues of Legal Regulation","authors":"Vira Navrotska","doi":"10.32518/2617-4162-2022-5-2-45-53","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-2-45-53","url":null,"abstract":"The need to find and develop humane and adequate measures to combat juvenile delinquency, to ensure strict individualisation in the choice of means of influencing children-offenders in combination with maximum respect for their legitimate interests, is indisputable, which is the relevance of this paper. The purpose of this study was to identify the shortcomings in the construction of norms regulating the closure of criminal proceedings against minors in connection with the application of compulsory educational measures to them, to provide recommendations for improving the relevant norms of criminal and criminal procedural legislation and the practice of their application. During the study, various methods of cognition were applied: dialectical, comparative, modelling, system-structural analysis, and dogmatic. It was proved that when applying compulsory educational measures, it is necessary to find out the attitude of a minor towards what they have done. It was noted that the effectiveness and efficiency of transferring a minor under supervision depends entirely on the capabilities and responsibility of the person assigned to supervise the minor. Therefore, even though the law does not require the consent of a legal representative to such a transfer, such consent is factually crucial. The legislators’ approach was criticised, which, instead of clearly defining the lower and upper limits of the duration of such measures, is limited to indicating that the duration of compulsory educational measures prescribed in clauses 2 and 3 of Part 2 of Article 105 of the Criminal Code of Ukraine is established by the court that appoints them. It was stated that the optimal period for these measures is one, maximum two years. Therefore, it was proposed to amend Article 105 of the Criminal Code of Ukraine aimed at establishing the period for which compulsory educational measures can be imposed, as well as at determining the circumstances that the court must consider as the basis for choosing one of these measures. It was proposed that the performance of a minor’s obligation to compensate for the damage caused should make provision for the following forms: 1) monetary, 2) in-kind – transfer of property, 3) labour. Furthermore, it was proposed that with these methods it is possible to compensate not only for property, but also for moral damage.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131340784","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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