Pub Date : 2022-03-30DOI: 10.32518/2617-4162-2022-5-29-34
Marian Hurkovskyi
In the article with the help of the complex system analysis of the legal phenomena the forms of maintenance of transport safety on air transport are considered. The urgency of the topic is determined by the need to increase the level of aviation security. In air transport, the issues of interaction of entities that provide different types of security in one transport complex, are not properly regulated, which leads to organisational, informational and other management barriers. The purpose of the article is to study the forms of transport safety in terms of interaction and coordination of the activities of special competence bodies in civil aviation. Formal-legal and comparative-legal research methods are used. As a result of studying the organisational system of ensuring transport safety in air transport, the statuses of executive bodies, operational headquarters, commissions established at airports, and transport safety forces are characterised. Achieving the rule of law in the area under consideration is impossible without classifying transport safety as a strategic national task, to be solved, along with state, in particular, law enforcement agencies, under their patronage and control, related to the priority legal status of the latter must be not only employees of carriers are involved, but also divisions and forces of maintenance of transport safety. A solution to the problem that negatively affects the state of transport safety, on legal uncertainty in the delimitation of territorial, object, zonal and functional competence of law enforcement agencies, and others, including non-state actors in aviation security in the context of determining areas of activity this type of security.
{"title":"Forms of Transport Safety in Air Transport","authors":"Marian Hurkovskyi","doi":"10.32518/2617-4162-2022-5-29-34","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-29-34","url":null,"abstract":"In the article with the help of the complex system analysis of the legal phenomena the forms of maintenance of transport safety on air transport are considered. The urgency of the topic is determined by the need to increase the level of aviation security. In air transport, the issues of interaction of entities that provide different types of security in one transport complex, are not properly regulated, which leads to organisational, informational and other management barriers. The purpose of the article is to study the forms of transport safety in terms of interaction and coordination of the activities of special competence bodies in civil aviation. Formal-legal and comparative-legal research methods are used. As a result of studying the organisational system of ensuring transport safety in air transport, the statuses of executive bodies, operational headquarters, commissions established at airports, and transport safety forces are characterised. Achieving the rule of law in the area under consideration is impossible without classifying transport safety as a strategic national task, to be solved, along with state, in particular, law enforcement agencies, under their patronage and control, related to the priority legal status of the latter must be not only employees of carriers are involved, but also divisions and forces of maintenance of transport safety. A solution to the problem that negatively affects the state of transport safety, on legal uncertainty in the delimitation of territorial, object, zonal and functional competence of law enforcement agencies, and others, including non-state actors in aviation security in the context of determining areas of activity this type of security.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122217740","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 : 2022-03-30DOI: 10.32518/2617-4162-2022-5-51-56
Andriana Dziuba
The article covers the issue of determining the legal regime of organs and tissues in the context of civil law in the field of transplantation. The issue of recognising organs and tissues as objects of civil law, given the gaps in the current civil legislation of Ukraine, is presumed. This situation is conditioned upon the need for national legislators to consider a range of moral and ethical aspects related to the civil circulation of human biomaterials. The publication attempts to define the legal regime of organs and tissues separated from the human body as specific objects. The study is based on a systematic approach; special legal and logical methods were used. The declared problem is studied considering the achievements of Ukrainian and foreign academic literature. A comprehensive analysis of special transplant legislation contributes to the understanding that organs and tissues are exceptional objects not removed from civil circulation, which are currently used for the purpose of providing medical services. Since the necessity of classifying such anatomical materials as separate independent objects of civil rights, limited in circulation, is substantiated, given their exceptional nature and specificity. Based on a comprehensive study of national legislation and doctrinal approaches, the need to apply to the organs and tissues used for transplantation, a special legal regime that considers the specific features of these objects
{"title":"Legal Regime of Human Organs and Tissues as Objects of Civil Law in the Field of Transplantation","authors":"Andriana Dziuba","doi":"10.32518/2617-4162-2022-5-51-56","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-51-56","url":null,"abstract":"The article covers the issue of determining the legal regime of organs and tissues in the context of civil law in the field of transplantation. The issue of recognising organs and tissues as objects of civil law, given the gaps in the current civil legislation of Ukraine, is presumed. This situation is conditioned upon the need for national legislators to consider a range of moral and ethical aspects related to the civil circulation of human biomaterials. The publication attempts to define the legal regime of organs and tissues separated from the human body as specific objects. The study is based on a systematic approach; special legal and logical methods were used. The declared problem is studied considering the achievements of Ukrainian and foreign academic literature. A comprehensive analysis of special transplant legislation contributes to the understanding that organs and tissues are exceptional objects not removed from civil circulation, which are currently used for the purpose of providing medical services. Since the necessity of classifying such anatomical materials as separate independent objects of civil rights, limited in circulation, is substantiated, given their exceptional nature and specificity. Based on a comprehensive study of national legislation and doctrinal approaches, the need to apply to the organs and tissues used for transplantation, a special legal regime that considers the specific features of these objects","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133462333","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 : 2022-03-30DOI: 10.32518/2617-4162-2022-5-22-28
R. Blahuta, I. Basysta
In judicial practice, there are situations when, as of the day of the decision of the appellate court, the statute of limitations for bringing the accused to criminal responsibility has expired, and the defense does not take the initiative to release the person from criminal liability. Accordingly, the court in no way responds to the existence of this circumstance and does not decide on the application (non-application) of the grounds contained in paragraph 1 of Part 2 of Article. 284 of the CPC, or another, to make a procedural decision to close the criminal proceedings. Therefore, the aim is to try to answer the question of which of the procedural decisions, under the described conditions and circumstances, should be made by the court: to close the criminal proceedings in connection with the release of a person from criminal liability or a person should be released in the court of cassation from punishment? Due to the applied formal-logical method and systematic analysis, it was found that Part 2 of Art. 284 of the CPC concerns cases of closing criminal proceedings exclusively by the court. It was stated that in paragraph 1 of this part of the article, among the grounds for closing the criminal proceedings, the legislator provides and “...in connection with the release of a person from criminal liability.” At the same time, it has been proven that the right of a person to be released from criminal liability, if there are grounds for it, judges often do not depend on their own duty to explain to a person such a right so that he can use it. It is established that the responsibilities enshrined in Art. 285 of the CPC apply not only to courts of first instance, but also to appellate instances. Research methods such as sampling, system-structure, induction and deduction have been used to argue that in circumstances where a court conviction has entered into force, a person should be exempt from the court of cassation, this is stated in Part 5 of Art. 74 of the Criminal Code of Ukraine, on the grounds provided for in Art. 49 of the Criminal Code of Ukraine. At the same time, it is proved that the court has hindered the adoption of such a procedural decision by the approach that the legislator laid down in the construction of paragraph 1, part 2 of Art. 284, art. 440 of the CCP.
{"title":"Some Problems of Making a Procedural Decision to Close Criminal Proceedings in Connection with the Release of a Person from Criminal Liability","authors":"R. Blahuta, I. Basysta","doi":"10.32518/2617-4162-2022-5-22-28","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-22-28","url":null,"abstract":"In judicial practice, there are situations when, as of the day of the decision of the appellate court, the statute of limitations for bringing the accused to criminal responsibility has expired, and the defense does not take the initiative to release the person from criminal liability. Accordingly, the court in no way responds to the existence of this circumstance and does not decide on the application (non-application) of the grounds contained in paragraph 1 of Part 2 of Article. 284 of the CPC, or another, to make a procedural decision to close the criminal proceedings. Therefore, the aim is to try to answer the question of which of the procedural decisions, under the described conditions and circumstances, should be made by the court: to close the criminal proceedings in connection with the release of a person from criminal liability or a person should be released in the court of cassation from punishment? Due to the applied formal-logical method and systematic analysis, it was found that Part 2 of Art. 284 of the CPC concerns cases of closing criminal proceedings exclusively by the court. It was stated that in paragraph 1 of this part of the article, among the grounds for closing the criminal proceedings, the legislator provides and “...in connection with the release of a person from criminal liability.” At the same time, it has been proven that the right of a person to be released from criminal liability, if there are grounds for it, judges often do not depend on their own duty to explain to a person such a right so that he can use it. It is established that the responsibilities enshrined in Art. 285 of the CPC apply not only to courts of first instance, but also to appellate instances. Research methods such as sampling, system-structure, induction and deduction have been used to argue that in circumstances where a court conviction has entered into force, a person should be exempt from the court of cassation, this is stated in Part 5 of Art. 74 of the Criminal Code of Ukraine, on the grounds provided for in Art. 49 of the Criminal Code of Ukraine. At the same time, it is proved that the court has hindered the adoption of such a procedural decision by the approach that the legislator laid down in the construction of paragraph 1, part 2 of Art. 284, art. 440 of the CCP.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132310432","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 : 2020-12-25DOI: 10.32518/2617-4162-2020-4-109-114
O. Batiuk
The author aimed to reveal the content and forms of use of special psychological knowledge during the proceeding of interrogation in the pre-trial investigation of crimes that encroach on the nationalsecurity of Ukraine in the provisions of the scientific article. Namely, for fulfilling the intended goal, the author determines in the provisions of the scientific article that the use of special psychological knowledge at the stage of pre-trial investigation, of course, can be the great benefit for establishing the truth in the case and the lack of their wide and effective application in criminal proceedings is caused, first of all, by imperfection of the theory of use of special psychological knowledge and of legal regulation of the activity of experts and other persons with special psychological knowledge. This is resulted from primarily to vague and ambiguous theoretical definitions of the concept of special psychological knowledge, subjects, methods of use and forms of their realization. Based on the analysis of theoretical and empirical material, scientifically substantiated conceptual and categorical apparatus concerning the concept of special psychological knowledge, which are used in pre-trial investigation, is defined; the conclusions and proposals that are aimed at improving the procedural and applied aspects of practical application by law enforcement agencies are formulated by the author in the scientific article. According to the author, this will not only deepen scientific knowledge, but also will give the opportunity to use the obtained data in investigative practice, help law enforcement agencies quickly and efficiently to disclose, investigate and conduct measures to prevent of the committing crimes against national security of Ukraine. The results of the research can also be applied during the criminal proceedings, in the process of proving and evaluating evidence, during the qualifying the committed crime and establishing of circumstances mitigating of punishment. The author explored the features of the use of special psychological knowledge during the investigation of the crimes that encroach on the national security of Ukraine, which are committed by the organized criminal group.
{"title":"USE OF SPECIAL KNOWLEDGE DURING THE PRE-TRIAL INVESTIGATION OF CRIMES THAT ENCROACH ON THE NATIONAL SECURITY OF UKRAINE","authors":"O. Batiuk","doi":"10.32518/2617-4162-2020-4-109-114","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-109-114","url":null,"abstract":"The author aimed to reveal the content and forms of use of special psychological knowledge during the proceeding of interrogation in the pre-trial investigation of crimes that encroach on the nationalsecurity of Ukraine in the provisions of the scientific article. Namely, for fulfilling the intended goal, the author determines in the provisions of the scientific article that the use of special psychological knowledge at the stage of pre-trial investigation, of course, can be the great benefit for establishing the truth in the case and the lack of their wide and effective application in criminal proceedings is caused, first of all, by imperfection of the theory of use of special psychological knowledge and of legal regulation of the activity of experts and other persons with special psychological knowledge. This is resulted from primarily to vague and ambiguous theoretical definitions of the concept of special psychological knowledge, subjects, methods of use and forms of their realization. Based on the analysis of theoretical and empirical material, scientifically substantiated conceptual and categorical apparatus concerning the concept of special psychological knowledge, which are used in pre-trial investigation, is defined; the conclusions and proposals that are aimed at improving the procedural and applied aspects of practical application by law enforcement agencies are formulated by the author in the scientific article. According to the author, this will not only deepen scientific knowledge, but also will give the opportunity to use the obtained data in investigative practice, help law enforcement agencies quickly and efficiently to disclose, investigate and conduct measures to prevent of the committing crimes against national security of Ukraine. The results of the research can also be applied during the criminal proceedings, in the process of proving and evaluating evidence, during the qualifying the committed crime and establishing of circumstances mitigating of punishment. The author explored the features of the use of special psychological knowledge during the investigation of the crimes that encroach on the national security of Ukraine, which are committed by the organized criminal group.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116142082","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 : 2020-12-25DOI: 10.32518/2617-4162-2020-4-80-86
Natalia Paustovskaya, Dmitrii Popushoi
This article concerns on forms of international procedural cooperation of Republic of Moldova as an actual modern problem. It has been noted that scale of organized crime, terrorism, illegal drug and arms trafficking, illegal migration, human trafficking and other crimes compel different states to unify their efforts in counteracting these crossborder phenomena by creating organizational mechanisms of interaction. International legal aspects of crime counteraction, in particular the UN Convention against Transnational Organized Crime, the European Convention on Mutual Assistance in Criminal Matters and Additional Protocols to it have been studied. It has been specified that foreign countries legislation uses most advanced mechanisms of mutual legal assistance for a long time, but institute of joint search groups is a relatively new form for criminal procedural legislation of Republic of Moldova. An attention to amendments to criminal procedural legislation concerning implementation of the institute of joint search groups has been devoted. It has been acknowledged that according to legislation of Republic of Moldova a request on forming of joint search group could be sent by any engaged state. Such group is to be created in any state where criminal persecution needs to be enforced. There is certain information to be included in such request: law enforcement body which requested, the request�s subject and grounds, data on persecuted person and his full name, nationality, address, if necessary � suggestions on group membership. Signing of the Police Cooperation Convention for Southeast Europe by Moldova facilitated implementation of cross-border surveillance institute which comprises procedural action to be conducted when representatives of one country�s law enforcement body are keeping under surveillance during criminal persecution in another country a person, suspected in participation of the crime which envisaged extradition, or a person who is reasonably believed to be helpful in identification or establishing whereabouts of the aforementioned person, and has the right to continue such surveillance in Republic of Moldova according to legal assistance request submitted previously. It has been substantiated that international cooperation in crime combating is based on legal assistance providing and aimed at expansion of the quantity of countries which are contracting parties of such cooperation agreements.
{"title":"LEGAL BASES OF SOME FORMS OF THE INTERNATIONAL LEGAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE OF THE REPUBLIC OF MOLDOVA","authors":"Natalia Paustovskaya, Dmitrii Popushoi","doi":"10.32518/2617-4162-2020-4-80-86","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-80-86","url":null,"abstract":"This article concerns on forms of international procedural cooperation of Republic of Moldova as an actual modern problem. It has been noted that scale of organized crime, terrorism, illegal drug and arms trafficking, illegal migration, human trafficking and other crimes compel different states to unify their efforts in counteracting these crossborder phenomena by creating organizational mechanisms of interaction. International legal aspects of crime counteraction, in particular the UN Convention against Transnational Organized Crime, the European Convention on Mutual Assistance in Criminal Matters and Additional Protocols to it have been studied. It has been specified that foreign countries legislation uses most advanced mechanisms of mutual legal assistance for a long time, but institute of joint search groups is a relatively new form for criminal procedural legislation of Republic of Moldova. An attention to amendments to criminal procedural legislation concerning implementation of the institute of joint search groups has been devoted. It has been acknowledged that according to legislation of Republic of Moldova a request on forming of joint search group could be sent by any engaged state. Such group is to be created in any state where criminal persecution needs to be enforced. There is certain information to be included in such request: law enforcement body which requested, the request�s subject and grounds, data on persecuted person and his full name, nationality, address, if necessary � suggestions on group membership. Signing of the Police Cooperation Convention for Southeast Europe by Moldova facilitated implementation of cross-border surveillance institute which comprises procedural action to be conducted when representatives of one country�s law enforcement body are keeping under surveillance during criminal persecution in another country a person, suspected in participation of the crime which envisaged extradition, or a person who is reasonably believed to be helpful in identification or establishing whereabouts of the aforementioned person, and has the right to continue such surveillance in Republic of Moldova according to legal assistance request submitted previously. It has been substantiated that international cooperation in crime combating is based on legal assistance providing and aimed at expansion of the quantity of countries which are contracting parties of such cooperation agreements.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121543517","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 : 2020-12-25DOI: 10.32518/2617-4162-2020-4-94-100
Oleh Zachek, Yurii Dmytryk
The article is devoted to the study of current problems of application of advanced methods of profiling in the process of combating cybercrime by units of the National Police. The fight against cybercrime has recently become increasingly important, as there has been a significant increase in the number of cybercrimes. Ukrainian cyber police units must use the most modern methods to combat such crimes. One such method is profiling, which is an important tool for investigating crimes, including information crimes. It allows us to classify cybercriminals, understand their habits and technologies and aims to identify the perpetrator. Due attention is not paid to psychological aspects quite often in operational and investigative activities, resulting in the problem of diagnosis and assessment of the offender. Profiling allows to solve this problem and to increase efficiency of professional activity of divisions of cyber police of National police of Ukraine. But profiling is not used practically in the activities of these units in this time, although the use of profiling in the investigation of cybercrime is quite common in the world's leading countries. Therefore, we aimed to consider the problems of application of advanced profiling techniques in the process of combating cybercrime in the activities of cyber police units, as well as to provide suggestions for improving the current legislation. None of the existing legal documents of our state provides for the use of profiling in the activities of cyber police. Underestimation of capabilities of profiling in cyber police units of the National Police of Ukraine requires rethinking currently. Profiling technologies can be successfully implemented in the activities of operational units of the National Police, including cyber police units, due to it combat crime will be more effectively. It is advisable to add to the existing search measures at the legislative level such a measure as "operational profiling" to this end, that will allow to widely use its capabilities.
{"title":"APPLICATION OF PROFILING TO COMBAT CYBER CRIME","authors":"Oleh Zachek, Yurii Dmytryk","doi":"10.32518/2617-4162-2020-4-94-100","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-94-100","url":null,"abstract":"The article is devoted to the study of current problems of application of advanced methods of profiling in the process of combating cybercrime by units of the National Police. The fight against cybercrime has recently become increasingly important, as there has been a significant increase in the number of cybercrimes. Ukrainian cyber police units must use the most modern methods to combat such crimes. One such method is profiling, which is an important tool for investigating crimes, including information crimes. It allows us to classify cybercriminals, understand their habits and technologies and aims to identify the perpetrator. Due attention is not paid to psychological aspects quite often in operational and investigative activities, resulting in the problem of diagnosis and assessment of the offender. Profiling allows to solve this problem and to increase efficiency of professional activity of divisions of cyber police of National police of Ukraine. But profiling is not used practically in the activities of these units in this time, although the use of profiling in the investigation of cybercrime is quite common in the world's leading countries. Therefore, we aimed to consider the problems of application of advanced profiling techniques in the process of combating cybercrime in the activities of cyber police units, as well as to provide suggestions for improving the current legislation. None of the existing legal documents of our state provides for the use of profiling in the activities of cyber police. Underestimation of capabilities of profiling in cyber police units of the National Police of Ukraine requires rethinking currently. Profiling technologies can be successfully implemented in the activities of operational units of the National Police, including cyber police units, due to it combat crime will be more effectively. It is advisable to add to the existing search measures at the legislative level such a measure as \"operational profiling\" to this end, that will allow to widely use its capabilities.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"338 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131806503","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 : 2020-12-25DOI: 10.32518/2617-4162-2020-4-21-27
O. Pankevych
The article is devoted to the retrospective analysis of some aspects of the application and implementation of European human rights standards in the constitutional proceedings of Ukraine. It is substantiated that the domestic body of constitutional jurisdiction, realizing its role as an instrument for implementing European human rights standards in national legal practice, actively uses the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the Strasbourg Court as arguments to motivate its decisions. In the future, not only the formal but also the substantive aspect of the use of the Convention and the case law of the European Court of Human Rights in the acts of the Constitutional Court of Ukraine certainly needs special attention. The following analysis will allow to reveal the "quality" of the reference to these international sources and the relevance of references to them. In the motivating part of its decisions, the Constitutional Court of Ukraine also uses as an additional argumentation a wide range of other international legal acts and decisions of other international and foreign judicial institutions. This aspect of the practice of the Constitutional Court of Ukraine obviously deserves to be the subject of our further research. Based on the validity of our conclusion in previous publications that the main philosophical basis of modern decisions of the Strasbourg Court are the postulates of liberal communitarianism as a result of a kind of convergence of liberal and communitarian ideologues, we believe that, in turn, these postulates can�t be found in the decisions of the Constitutional Court of Ukraine (when it uses the provisions of the Convention and the case law of the European Court of Human Rights for additional argumentation of its own legal positions). At the same time, this hypothesis still needs to be thoroughly proved in the following special research.
{"title":"EUROPEAN STANDARDS OF HUMAN RIGHTS IN THE PRACTICE OF THE CONSTITUTIONAL COURT OF UKRAINE","authors":"O. Pankevych","doi":"10.32518/2617-4162-2020-4-21-27","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-21-27","url":null,"abstract":"The article is devoted to the retrospective analysis of some aspects of the application and implementation of European human rights standards in the constitutional proceedings of Ukraine. It is substantiated that the domestic body of constitutional jurisdiction, realizing its role as an instrument for implementing European human rights standards in national legal practice, actively uses the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the Strasbourg Court as arguments to motivate its decisions. In the future, not only the formal but also the substantive aspect of the use of the Convention and the case law of the European Court of Human Rights in the acts of the Constitutional Court of Ukraine certainly needs special attention. The following analysis will allow to reveal the \"quality\" of the reference to these international sources and the relevance of references to them. In the motivating part of its decisions, the Constitutional Court of Ukraine also uses as an additional argumentation a wide range of other international legal acts and decisions of other international and foreign judicial institutions. This aspect of the practice of the Constitutional Court of Ukraine obviously deserves to be the subject of our further research. Based on the validity of our conclusion in previous publications that the main philosophical basis of modern decisions of the Strasbourg Court are the postulates of liberal communitarianism as a result of a kind of convergence of liberal and communitarian ideologues, we believe that, in turn, these postulates can�t be found in the decisions of the Constitutional Court of Ukraine (when it uses the provisions of the Convention and the case law of the European Court of Human Rights for additional argumentation of its own legal positions). At the same time, this hypothesis still needs to be thoroughly proved in the following special research.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116410631","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 : 2020-12-25DOI: 10.32518/2617-4162-2020-4-123-129
S. Yesimov, V. Borovikova
The article deals with the principles of application of budgetary coercive measures in the context of improving budgetary legislation in accordance with the requirements of the European Union. Budgetary and legal coercion, as a kind of state coercion, is a type of financial and legal coercion. It has all the features of the latter, developing in relation to specific budgetary relations; it acts not as an independent category of legal responsibility, but as a kind of financial and legal coercion. Budgetary and legal coercion is the external influence of the state, represented by authorized bodies, on the behavior of individual participants in the budgetary process concerning the application of measures of budgetary coercion, which impose additional encumbrances of property or organizational nature on the unfulfilled obligations provided by budgetary law, in order to ensure compliance with law and order in the budget sphere. The significance of the principles of law for the formation of normative and legal regulation of budgetary and legal coercion is considered. The principles of financial law and their influence on the formation of the principles of budgetary law are described. The general legal principles of application of measures of budgetary and legal coercion are analyzed; their role in establishment of budgetary and legal responsibility is defined. Based on the current legal framework, special principles for the application of budgetary coercive measures are determined, including those that have not been formally fixed in the Budget Code of Ukraine, but are fragmented in the normative and legal acts of budgetary legislation. With regard to budgetary offenses concerning measures of budgetary coercion, the principles of legality, priority of public interests, and division of functions in the field of financial activity on the basis of separation of powers play a special role. The main branch principle of budgetary law in the context of the implementation of measures of budgetary coercion is the principle of addressable and target nature of budgetary funds.
{"title":"PRINCIPLES OF APPLICATION OF MEASURES OF BUDGETARY AND LEGAL COERCION","authors":"S. Yesimov, V. Borovikova","doi":"10.32518/2617-4162-2020-4-123-129","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-123-129","url":null,"abstract":"The article deals with the principles of application of budgetary coercive measures in the context of improving budgetary legislation in accordance with the requirements of the European Union. Budgetary and legal coercion, as a kind of state coercion, is a type of financial and legal coercion. It has all the features of the latter, developing in relation to specific budgetary relations; it acts not as an independent category of legal responsibility, but as a kind of financial and legal coercion. Budgetary and legal coercion is the external influence of the state, represented by authorized bodies, on the behavior of individual participants in the budgetary process concerning the application of measures of budgetary coercion, which impose additional encumbrances of property or organizational nature on the unfulfilled obligations provided by budgetary law, in order to ensure compliance with law and order in the budget sphere. The significance of the principles of law for the formation of normative and legal regulation of budgetary and legal coercion is considered. The principles of financial law and their influence on the formation of the principles of budgetary law are described. The general legal principles of application of measures of budgetary and legal coercion are analyzed; their role in establishment of budgetary and legal responsibility is defined. Based on the current legal framework, special principles for the application of budgetary coercive measures are determined, including those that have not been formally fixed in the Budget Code of Ukraine, but are fragmented in the normative and legal acts of budgetary legislation. With regard to budgetary offenses concerning measures of budgetary coercion, the principles of legality, priority of public interests, and division of functions in the field of financial activity on the basis of separation of powers play a special role. The main branch principle of budgetary law in the context of the implementation of measures of budgetary coercion is the principle of addressable and target nature of budgetary funds.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114813343","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 : 2020-12-25DOI: 10.32518/2617-4162-2020-4-135-142
O. Pavlov, S. Didukh, V. Barvinenko
The decentralization of power and administration, which began in Ukraine in 2015, has made some changes in the territorial organization of power and administrative-territorial organization. united territorial communities (UTC) were formed, which included rural and urban populations. Their administrative centers became not only towns and settlements, but also villages. In addition to the basic level of administrative and territorial organization of the country, its district level has also been transformed. There was a significant reduction of districts and their consolidation. As a result of these transformations, rural and urban agglomerations were formed, thus creating the preconditions for overcoming social and economic inequality and improving the quality of life of the rural and urban population. The solution to this important social problem has brought to the fore the problem of finding economic entities capable of transforming these socio-spatial entities into an space of inclusive well-being. The scientific and practical relevance of this problem has determined the purpose of the study, which is to reveal the essence of rural agglomerations and to justify the feasibility of consideration as drivers of their inclusive development of agricultural holdings. To achieve the goal of the study used systemic and synergetic approaches, the concept of spatial organization of society, the author's method of sampling and classification of UTC and new districts, methods of comparison, SWOT-analysis, deduction and induction, synthesis and analysis. The results of the study are characterized by scientific novelty, which consists in the identification of rural agglomerations as socio-spatial formations of the continuous type, substantiation of the directions of evolution of agricultural holdings into inclusive associations. The conclusions and recommendations made based on the results of the study correspond to its purpose and objectives, are characterized by applied orientation and targeting and can be used by public authorities, UTC, business entities for implementation in social practice.
{"title":"AGRICULTURAL HOLDINGS AS DRIVERS OF INCLUSIVE DEVELOPMENT OF RURAL AND URBAN AGGLOMERATIONS","authors":"O. Pavlov, S. Didukh, V. Barvinenko","doi":"10.32518/2617-4162-2020-4-135-142","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-135-142","url":null,"abstract":"The decentralization of power and administration, which began in Ukraine in 2015, has made some changes in the territorial organization of power and administrative-territorial organization. united territorial communities (UTC) were formed, which included rural and urban populations. Their administrative centers became not only towns and settlements, but also villages. In addition to the basic level of administrative and territorial organization of the country, its district level has also been transformed. There was a significant reduction of districts and their consolidation. As a result of these transformations, rural and urban agglomerations were formed, thus creating the preconditions for overcoming social and economic inequality and improving the quality of life of the rural and urban population. The solution to this important social problem has brought to the fore the problem of finding economic entities capable of transforming these socio-spatial entities into an space of inclusive well-being. The scientific and practical relevance of this problem has determined the purpose of the study, which is to reveal the essence of rural agglomerations and to justify the feasibility of consideration as drivers of their inclusive development of agricultural holdings. To achieve the goal of the study used systemic and synergetic approaches, the concept of spatial organization of society, the author's method of sampling and classification of UTC and new districts, methods of comparison, SWOT-analysis, deduction and induction, synthesis and analysis. The results of the study are characterized by scientific novelty, which consists in the identification of rural agglomerations as socio-spatial formations of the continuous type, substantiation of the directions of evolution of agricultural holdings into inclusive associations. The conclusions and recommendations made based on the results of the study correspond to its purpose and objectives, are characterized by applied orientation and targeting and can be used by public authorities, UTC, business entities for implementation in social practice.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114548267","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 : 2020-12-25DOI: 10.32518/2617-4162-2020-4-28-34
V. Bondarenko
Theoretical issues of the content of the control function of the state in the field of virtual space from the standpoint of administrative law are considered. The concept of virtual space is defined, taking into account its connection with information, information and communication technologies and the Internet. The peculiarities of the virtual space in the legal context are revealed, the purpose, tasks and forms of control of the virtual space, subjects of control activity are clarified. It is substantiated that the purpose of the control function of the state in this area is to ensure the rule of law in the virtual space. An analysis of the activities of the main subjects of control activity in the virtual space of the Ministry of Digital Transformation and the State Service of Special Communication and Information Protection of Ukraine, the cyber police of the National Police is made. The possibilities of involving civil society institutions in the implementation of the control function of the state in virtual space are characterized. The subject of the control function of the state in the field of virtual space is to organize the implementation of state control over virtual space. This purpose and subject are carried out by means of the performance of certain tasks, the classification of which is accomplished on the basis of various criteria (types of threats in virtual space). The control function of the state in the field of virtual space is characterized by features: universality, transboundariness, and technogenicity. The entities providing support activities in the implementation of the state�s control function in the field of virtual space include civil society institutions, whose potential has not yet been fully disclosed within the forms of state control in the field of virtual space.
{"title":"THE CONTENT OF THE CONTROL FUNCTION OF THE STATE IN THE FIELD OF VIRTUAL SPACE","authors":"V. Bondarenko","doi":"10.32518/2617-4162-2020-4-28-34","DOIUrl":"https://doi.org/10.32518/2617-4162-2020-4-28-34","url":null,"abstract":"Theoretical issues of the content of the control function of the state in the field of virtual space from the standpoint of administrative law are considered. The concept of virtual space is defined, taking into account its connection with information, information and communication technologies and the Internet. The peculiarities of the virtual space in the legal context are revealed, the purpose, tasks and forms of control of the virtual space, subjects of control activity are clarified. It is substantiated that the purpose of the control function of the state in this area is to ensure the rule of law in the virtual space. An analysis of the activities of the main subjects of control activity in the virtual space of the Ministry of Digital Transformation and the State Service of Special Communication and Information Protection of Ukraine, the cyber police of the National Police is made. The possibilities of involving civil society institutions in the implementation of the control function of the state in virtual space are characterized. The subject of the control function of the state in the field of virtual space is to organize the implementation of state control over virtual space. This purpose and subject are carried out by means of the performance of certain tasks, the classification of which is accomplished on the basis of various criteria (types of threats in virtual space). The control function of the state in the field of virtual space is characterized by features: universality, transboundariness, and technogenicity. The entities providing support activities in the implementation of the state�s control function in the field of virtual space include civil society institutions, whose potential has not yet been fully disclosed within the forms of state control in the field of virtual space.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127079725","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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