Pub Date : 2022-06-21DOI: 10.37635/jnalsu.29(1).2022.59-69
Vasyl Shakun, V. Heiets, O. Borodina
The opening of the free land market and the expansion of its purchase and sale in the current conditions of development of Ukrainian society and the state is an extremely relevant topic and requires appropriate scientific study from the standpoint of human rights. Therefore, the authors aimed to analyse international legal documents in the field of regulation of protection of peasants' rights to land and proposed scientifically sound proposals to improve the relevant processes in Ukraine. The work with the use of general and special methods of scientific knowledge (dialectical, formal-logical, systematic, historical-legal and comparative analysis) considers the legal framework and international approaches to protect the rights of peasants to land in the context of clarifying and summarizing the basic provisions of human rights documents. especially the UN Declaration on the Rights of Peasants and Other Persons Working in Rural Areas, adopted by the UN General Assembly in December 2018. The analysis showed that a number of other rights enshrined in the Declaration are mutually reinforcing and necessary for the protection of land rights, including the right to participate, the right to information and access to justice. As a result of the study, proposals were developed for Ukraine to fulfill its obligations as a member of the UN and a member state of the UN Human Rights Council in the field of protection of land rights of peasants. All branches of government in Ukraine, including the executive, legislature and judiciary, should be involved in the implementation of the Declaration by creating new mechanisms for human rights practices in land regulation and a system for monitoring the rights of peasants in the free land market at national and local levels
{"title":"Ensuring Human Rights in Land Relations: Socio-Economic and Legal Principles","authors":"Vasyl Shakun, V. Heiets, O. Borodina","doi":"10.37635/jnalsu.29(1).2022.59-69","DOIUrl":"https://doi.org/10.37635/jnalsu.29(1).2022.59-69","url":null,"abstract":"The opening of the free land market and the expansion of its purchase and sale in the current conditions of development of Ukrainian society and the state is an extremely relevant topic and requires appropriate scientific study from the standpoint of human rights. Therefore, the authors aimed to analyse international legal documents in the field of regulation of protection of peasants' rights to land and proposed scientifically sound proposals to improve the relevant processes in Ukraine. The work with the use of general and special methods of scientific knowledge (dialectical, formal-logical, systematic, historical-legal and comparative analysis) considers the legal framework and international approaches to protect the rights of peasants to land in the context of clarifying and summarizing the basic provisions of human rights documents. especially the UN Declaration on the Rights of Peasants and Other Persons Working in Rural Areas, adopted by the UN General Assembly in December 2018. The analysis showed that a number of other rights enshrined in the Declaration are mutually reinforcing and necessary for the protection of land rights, including the right to participate, the right to information and access to justice. As a result of the study, proposals were developed for Ukraine to fulfill its obligations as a member of the UN and a member state of the UN Human Rights Council in the field of protection of land rights of peasants. All branches of government in Ukraine, including the executive, legislature and judiciary, should be involved in the implementation of the Declaration by creating new mechanisms for human rights practices in land regulation and a system for monitoring the rights of peasants in the free land market at national and local levels","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45577678","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.93-103
Anatolii M. Kolodii, Olexii A. Kolodii, M. Petryshyna
The relevance of the topic “constitutional and legal status of the Ukrainian people” is seen, first of all, in the fact that the understanding of the Ukrainian people of their essence, their political and legal status, in the context of awareness of their own legal personality, principles, powers, guarantees, that is, certain elements included in the content of the constitutional and legal status at the present stage of development and development of Ukraine as a democratic, social and Legal country, is very important, appropriate and, for the political, legal and other systems of any country, system-forming. It should also be noted that this issue, despite its fundamentality and scientific prospects, is not sufficiently doctrinairely studied by Ukrainian scientists. This is due to many determinants, of which two factors are the most obvious. First, the dominance of doctrinal approaches in Ukrainian legal science, which did not recognise the existence of the constitutional and legal status of the Ukrainian people as a whole. It was considered that only individuals and legal entities can be granted legal status. Secondly, Ukrainian scientists have traditionally preferred to study established institutions, primarily direct democracy, which are directly regulated in Chapter III of the Constitution of Ukraine, that is, elections and referendums. The aim is to clarify the methodological basis for studying the constitutional and legal status of the Ukrainian people. Based on the obtained conclusions and generalisations, a methodological basis for studying the constitutional and legal status of the Ukrainian people has been developed
{"title":"Methodology of research of the constitutional and legal status of the Ukrainian people","authors":"Anatolii M. Kolodii, Olexii A. Kolodii, M. Petryshyna","doi":"10.37635/jnalsu.28(4).2021.93-103","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.93-103","url":null,"abstract":"The relevance of the topic “constitutional and legal status of the Ukrainian people” is seen, first of all, in the fact that the understanding of the Ukrainian people of their essence, their political and legal status, in the context of awareness of their own legal personality, principles, powers, guarantees, that is, certain elements included in the content of the constitutional and legal status at the present stage of development and development of Ukraine as a democratic, social and Legal country, is very important, appropriate and, for the political, legal and other systems of any country, system-forming. It should also be noted that this issue, despite its fundamentality and scientific prospects, is not sufficiently doctrinairely studied by Ukrainian scientists. This is due to many determinants, of which two factors are the most obvious. First, the dominance of doctrinal approaches in Ukrainian legal science, which did not recognise the existence of the constitutional and legal status of the Ukrainian people as a whole. It was considered that only individuals and legal entities can be granted legal status. Secondly, Ukrainian scientists have traditionally preferred to study established institutions, primarily direct democracy, which are directly regulated in Chapter III of the Constitution of Ukraine, that is, elections and referendums. The aim is to clarify the methodological basis for studying the constitutional and legal status of the Ukrainian people. Based on the obtained conclusions and generalisations, a methodological basis for studying the constitutional and legal status of the Ukrainian people has been developed","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46412089","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.289-300
Violetta E. Konovalova, V. M. Stratonov, I. Savelieva
The article is devoted to the analysis of biometric personal data, which is proposed to be considered as a source of information about a person and used during pre-trial investigation of criminal offences. The relevance of the research topic lies in the need to develop an optimal mechanism for using biometric personal data in the activities of pre-trial investigation bodies. The purpose of the research is to analyse the current international and national legislation on determining the place of biometric personal data in the criminal record system, implement their classification and provide recommendations for use by state bodies and individuals. To achieve this goal, the work used dialectical, historical-legal, formal-logical, dogmatic, structural-system and comparative-legal methods. It is proved that various types of biometric personal data accumulated in the criminal record system can be successfully used in the process of investigating criminal offences, and in some cases by individuals within the limits of their statutory powers. It was noted that along with the positive results of such activities, there are certain risks, namely, the presence of a threat of leakage and access to biometric data by unauthorized persons, as evidenced by the negative judicial practice of individual countries regarding unsatisfactory collection, processing, storage and use of biometric personal data. Taking into account the above, it is stated that the collection, processing and use of biometric personal data for the purpose of their use in the investigation of criminal offences must meet certain requirements, namely: the owner of the database of biometric personal data should only be the state represented by a special state body. Accordingly, the state should ensure the storage and protection of biometric personal data
{"title":"Biometric personal data and their use in the investigation of criminal offences","authors":"Violetta E. Konovalova, V. M. Stratonov, I. Savelieva","doi":"10.37635/jnalsu.28(4).2021.289-300","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.289-300","url":null,"abstract":"The article is devoted to the analysis of biometric personal data, which is proposed to be considered as a source of information about a person and used during pre-trial investigation of criminal offences. The relevance of the research topic lies in the need to develop an optimal mechanism for using biometric personal data in the activities of pre-trial investigation bodies. The purpose of the research is to analyse the current international and national legislation on determining the place of biometric personal data in the criminal record system, implement their classification and provide recommendations for use by state bodies and individuals. To achieve this goal, the work used dialectical, historical-legal, formal-logical, dogmatic, structural-system and comparative-legal methods. It is proved that various types of biometric personal data accumulated in the criminal record system can be successfully used in the process of investigating criminal offences, and in some cases by individuals within the limits of their statutory powers. It was noted that along with the positive results of such activities, there are certain risks, namely, the presence of a threat of leakage and access to biometric data by unauthorized persons, as evidenced by the negative judicial practice of individual countries regarding unsatisfactory collection, processing, storage and use of biometric personal data. Taking into account the above, it is stated that the collection, processing and use of biometric personal data for the purpose of their use in the investigation of criminal offences must meet certain requirements, namely: the owner of the database of biometric personal data should only be the state represented by a special state body. Accordingly, the state should ensure the storage and protection of biometric personal data","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42623868","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.62-71
Ganiy M. Karassayev, Beibitgul Shurshitbay, B. Naimanbayev, K. Ilyassova, Bayandy Ospanova
Countries and peoples of the world have expressed concern about the geopolitical situation in Asia since the end XX century and the tense situation there. Nuclear weapons have appeared in several countries of the continent. Territorial disputes in a number of countries have escalated into armed conflict. There were other disputes, which were difficult to resolve. At the same time, the collapse of the Soviet Union, which was considered a military and economic power on the continent had a certain impact on stability in the region complicating the political situation further here. Independent states were formed in the post-Soviet region. The issue of border security of the states was on the agenda. At that time, the First President of the Republic of Kazakhstan N.A. Nazarbayev speaking from the rostrum of the 47th session of the United Nations General Assembly on October 5, 1992, initiated the establishment of the Conference on Interaction and Confidence Building Measures in Asia. In accordance with modern requirements, this proposal was supported and a council was established. Several states were accepted as members. Today, the Conference on Interaction and Confidence Building Measures in Asia continues its work on a regular basis. The activity of this political structure has gained international significance. In the main section authors will talk about its formation and function
{"title":"History of partnership between the Republic of Kazakhstan and the Conference on Interaction and Confidence Building Measures in Asia (1992-2014)","authors":"Ganiy M. Karassayev, Beibitgul Shurshitbay, B. Naimanbayev, K. Ilyassova, Bayandy Ospanova","doi":"10.37635/jnalsu.28(4).2021.62-71","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.62-71","url":null,"abstract":"Countries and peoples of the world have expressed concern about the geopolitical situation in Asia since the end XX century and the tense situation there. Nuclear weapons have appeared in several countries of the continent. Territorial disputes in a number of countries have escalated into armed conflict. There were other disputes, which were difficult to resolve. At the same time, the collapse of the Soviet Union, which was considered a military and economic power on the continent had a certain impact on stability in the region complicating the political situation further here. Independent states were formed in the post-Soviet region. The issue of border security of the states was on the agenda. At that time, the First President of the Republic of Kazakhstan N.A. Nazarbayev speaking from the rostrum of the 47th session of the United Nations General Assembly on October 5, 1992, initiated the establishment of the Conference on Interaction and Confidence Building Measures in Asia. In accordance with modern requirements, this proposal was supported and a council was established. Several states were accepted as members. Today, the Conference on Interaction and Confidence Building Measures in Asia continues its work on a regular basis. The activity of this political structure has gained international significance. In the main section authors will talk about its formation and function","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44412938","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.82-92
Lyudmila B. Maevskaya, K. Aga
Recently, the study of the legacy of a medieval religious scholar Ibn Taymiyyah, who lived in Syria at the turn of 14th century, has become particularly relevant due to the growing activity of various radical groups. Notably, some parts of his teachings became the foundation of the ideology of various modern extremist sects such as Wahhabism. However, his answers to religious questions regarding the forbidden (haram) and the permitted (halal) remain understudied. Ibn Taymiyyah's ideas contradicts the unanimous conclusion of Islamic theologians on more than 60 issues. His opinion on certain issues provoked lively discussions to the point of even forbidding him to make conclusions on certain religious issues. In addition, his belonging to the Hanbali madhhab in Islam is questionable. Another problem of the study is its contradiction to the traditional Islamic concept of God. The main purpose of the study is to investigate the ideas of Ibn Taymiyyah on some issues of Islamic jurisprudence (fiqh), to compare his views with the opinions of Islamic theologians and to define erroneous ideas about jurisprudence. In this study, the main approach was to study the works of Ibn Taymiyyah and compare them with the works of Islamic theologians, representatives of different madhhabs. It was found that a certain number of religious and legal opinions of this religious scholar in matters of halal and haram contradict the legal norms of the vast majority of Muslims. This study proves that the teachings of Ibn Taymiyyah contradict the Islamic concept of God and religious and legal practice
{"title":"Ibn Taymiyyah and his fatwas on forbidden (haram) and permissible (halal) issues","authors":"Lyudmila B. Maevskaya, K. Aga","doi":"10.37635/jnalsu.28(4).2021.82-92","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.82-92","url":null,"abstract":"Recently, the study of the legacy of a medieval religious scholar Ibn Taymiyyah, who lived in Syria at the turn of 14th century, has become particularly relevant due to the growing activity of various radical groups. Notably, some parts of his teachings became the foundation of the ideology of various modern extremist sects such as Wahhabism. However, his answers to religious questions regarding the forbidden (haram) and the permitted (halal) remain understudied. Ibn Taymiyyah's ideas contradicts the unanimous conclusion of Islamic theologians on more than 60 issues. His opinion on certain issues provoked lively discussions to the point of even forbidding him to make conclusions on certain religious issues. In addition, his belonging to the Hanbali madhhab in Islam is questionable. Another problem of the study is its contradiction to the traditional Islamic concept of God. The main purpose of the study is to investigate the ideas of Ibn Taymiyyah on some issues of Islamic jurisprudence (fiqh), to compare his views with the opinions of Islamic theologians and to define erroneous ideas about jurisprudence. In this study, the main approach was to study the works of Ibn Taymiyyah and compare them with the works of Islamic theologians, representatives of different madhhabs. It was found that a certain number of religious and legal opinions of this religious scholar in matters of halal and haram contradict the legal norms of the vast majority of Muslims. This study proves that the teachings of Ibn Taymiyyah contradict the Islamic concept of God and religious and legal practice","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46598167","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.42-50
I. Shutak, Ihor I. Onyshchuk
The purpose of the study is a theoretical and legal analysis of the compressive approach to the perception of the law in the context of doctrinal views, its substantiation and comparison with the comprehend theory. The originality of the study lies in the substantiation of the theory of the comprehensive approach, which consists in a strictly objective, real, non-idealised, deideologised cognition of the law. New ideas related to the perception of law through an objective and comprehensive assessment and monitoring are proposed. The similarities and differences between the comprehensive approach and the comprehend theory are clarified. The approach is a kind of tool for the development of theory. As a result of the analysis of doctrinal views on the comprehensive approach to the perception of law and the generalisation of different positions, the definition of the studied concept is developed. Conclusions: the methodological value of the comprehensive approach as a kind of tool for the development of the theory lies in the objective, real, non-idealised, and deideologised cognition of the law. Therewith, it is inadmissible to recognise the prevalence of a certain concept or theory. The construction of law in the way of combining the integrated theory of law and the theory of natural and positive law is incomplete and incorrect. Since law is not limited to these two theories. Thus, this perception of law is one-sided and biased. Arguments are given regarding the practical value of the comprehensive approach in legal technique when the assessment of the law is conducted depending on the completeness of its implementation and in achieving legal certainty. The more objectively the law, the quality and effectiveness of its rules are assessed, the faster it is perceived (recognised). It is advisable to comprehend the law with the assessment of its negative features
{"title":"Comprehensive approach to perception of law in the context of doctrinal views","authors":"I. Shutak, Ihor I. Onyshchuk","doi":"10.37635/jnalsu.28(4).2021.42-50","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.42-50","url":null,"abstract":"The purpose of the study is a theoretical and legal analysis of the compressive approach to the perception of the law in the context of doctrinal views, its substantiation and comparison with the comprehend theory. The originality of the study lies in the substantiation of the theory of the comprehensive approach, which consists in a strictly objective, real, non-idealised, deideologised cognition of the law. New ideas related to the perception of law through an objective and comprehensive assessment and monitoring are proposed. The similarities and differences between the comprehensive approach and the comprehend theory are clarified. The approach is a kind of tool for the development of theory. As a result of the analysis of doctrinal views on the comprehensive approach to the perception of law and the generalisation of different positions, the definition of the studied concept is developed. Conclusions: the methodological value of the comprehensive approach as a kind of tool for the development of the theory lies in the objective, real, non-idealised, and deideologised cognition of the law. Therewith, it is inadmissible to recognise the prevalence of a certain concept or theory. The construction of law in the way of combining the integrated theory of law and the theory of natural and positive law is incomplete and incorrect. Since law is not limited to these two theories. Thus, this perception of law is one-sided and biased. Arguments are given regarding the practical value of the comprehensive approach in legal technique when the assessment of the law is conducted depending on the completeness of its implementation and in achieving legal certainty. The more objectively the law, the quality and effectiveness of its rules are assessed, the faster it is perceived (recognised). It is advisable to comprehend the law with the assessment of its negative features","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44405871","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.239-249
F. Ibratova, Zamira Esanova, Umida Shorakhmetova
According to the Civil Procedure Code of the Republic of Uzbekistan, the adoption of minor children is carried out only by a judicial body that meets the norms of the Constitution of the Republic of Uzbekistan, international law, as well as international agreements of the Republic of Uzbekistan and world practice of adopting children, which is in the best interests of the child. At the same time, there is a growing need for a radical improvement of the institutional and legal framework that guarantees the protection of the legal and legitimate interests of children and the protection of their rights. The purpose of the article is to analyze the legal norms of issues on the adoption of children. Scientific research is based on a set of such private methods as formal-logical, system-structural, comparative-legal, historical, etc., which made it possible to identify and substantiate the concept, essence and social significance of the institution of child adoption in the Republic of Uzbekistan. As a result of the research, it was established that in the science of family law adoption is defined in the following forms: as a legal act; as the upbringing of children in an adoptive family, providing living conditions equivalent to the living conditions of biological children; as a device for minors left without parental care. The article discusses the concepts, essence and social significance of adoption, personal and property rights of adopted children, interests of the child in implementation, procedural issues of adoption
{"title":"Essence and social significance of the institute for adoption of a child in the Republic of Uzbekistan","authors":"F. Ibratova, Zamira Esanova, Umida Shorakhmetova","doi":"10.37635/jnalsu.28(4).2021.239-249","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.239-249","url":null,"abstract":"According to the Civil Procedure Code of the Republic of Uzbekistan, the adoption of minor children is carried out only by a judicial body that meets the norms of the Constitution of the Republic of Uzbekistan, international law, as well as international agreements of the Republic of Uzbekistan and world practice of adopting children, which is in the best interests of the child. At the same time, there is a growing need for a radical improvement of the institutional and legal framework that guarantees the protection of the legal and legitimate interests of children and the protection of their rights. The purpose of the article is to analyze the legal norms of issues on the adoption of children. Scientific research is based on a set of such private methods as formal-logical, system-structural, comparative-legal, historical, etc., which made it possible to identify and substantiate the concept, essence and social significance of the institution of child adoption in the Republic of Uzbekistan. As a result of the research, it was established that in the science of family law adoption is defined in the following forms: as a legal act; as the upbringing of children in an adoptive family, providing living conditions equivalent to the living conditions of biological children; as a device for minors left without parental care. The article discusses the concepts, essence and social significance of adoption, personal and property rights of adopted children, interests of the child in implementation, procedural issues of adoption","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49633009","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.72-81
Ganiy M. Karassayev, K. Yensenov, B. Naimanbayev, Z. Bakirova, F. Kabdrakhmanova
This research article deals with the accepted and implemented agreements of the Central Asian states after after the fall of the Soviet Union: Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan in the field of political and economic cooperation, defense, cultural, social and humanitarian spheres. The relations of the Central Asian states are the object of this research and are considered as a political and historical aspect. These Central Asian states have their own history of development, which was formed in the post-Soviet period. Therefore, scientific literature and archival documents were brought to scientific analysis in order to study their initiatives and agreements on cooperation with each other at the international level from a scientific point of view in the field of historical science and consider them in the historical and political aspect. From the theory methodological point studying the political, economic, socio-cultural development of the states of Central Asia in the historical and political aspect, as well as in the system of international relations is one of the most important problems. Therefore, it is necessary to summarize and analyze scientific literature, archival data and information contained in the collection of documents related to this topic from a scientific point of view. As a result, mutual agreements, friendship and cooperation between the states of Central Asia, strategic partnership in the areas of development were also studied, and an analysis of their past and future was carried out
{"title":"From the history of mutual cooperation of the Republic of Kazakhstan with the states of Central Asia (1991-2000)","authors":"Ganiy M. Karassayev, K. Yensenov, B. Naimanbayev, Z. Bakirova, F. Kabdrakhmanova","doi":"10.37635/jnalsu.28(4).2021.72-81","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.72-81","url":null,"abstract":"This research article deals with the accepted and implemented agreements of the Central Asian states after after the fall of the Soviet Union: Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan in the field of political and economic cooperation, defense, cultural, social and humanitarian spheres. The relations of the Central Asian states are the object of this research and are considered as a political and historical aspect. These Central Asian states have their own history of development, which was formed in the post-Soviet period. Therefore, scientific literature and archival documents were brought to scientific analysis in order to study their initiatives and agreements on cooperation with each other at the international level from a scientific point of view in the field of historical science and consider them in the historical and political aspect. From the theory methodological point studying the political, economic, socio-cultural development of the states of Central Asia in the historical and political aspect, as well as in the system of international relations is one of the most important problems. Therefore, it is necessary to summarize and analyze scientific literature, archival data and information contained in the collection of documents related to this topic from a scientific point of view. As a result, mutual agreements, friendship and cooperation between the states of Central Asia, strategic partnership in the areas of development were also studied, and an analysis of their past and future was carried out","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43633396","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.279-288
M. Shumylo, Valery P. Gmyrko, Vladyslav Rudei
The study is devoted to the current issue of the weight of criminal judicial evidence, which is understudied in the national doctrine. The legislator, having introduced this evaluative concept in 2012 (Paragraph 1, Part 11, Article 1 of 178 CCP), did not provide its normative definition. As a result, there is a conceptual uncertainty, which is inappropriate given the requirements of the rule of law (Article 8 of the Constitution of Ukraine, Article 8 of the CCP). Therefore, the purpose of study is to attempt to formulate a definition of the “weight of evidence”, to propose a scheme of work of a lawyer to determine the signs of this activity phenomenon in situations of making appropriate procedural decisions. The study is based on the activity methodology using a number of special methods – search and bibliographic; semantic; Aristotelian; hermeneutic; historical-legal; comparative-legal; functional analysis; generalisation. The study formulated the definition of the “weight of evidence” as an activity characteristic. The latter is the result of a pragmatic logical and legal evaluation of ad hoc evidence within its totality. Thus, certain evidence is prioritised due to the greater suitability attributed to it by the lawyer to serve as a convincing evidence base of the procedural decision. Therefore, the conclusion is substantiated that the “weight of available evidence” as its activity characteristic is “the fifth element” of the structure of “criminal judicial evidence” along with such characteristics as “credibility”, “admissibility”, “reliability”, and “sufficiency”. The study includes conclusion that the introduction by the legislator in 2012 of the “weight of available evidence” meets the requirements of the evidentiary practice of the modern national adversarial process and the ECHR
{"title":"The weight of criminal judicial evidence","authors":"M. Shumylo, Valery P. Gmyrko, Vladyslav Rudei","doi":"10.37635/jnalsu.28(4).2021.279-288","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.279-288","url":null,"abstract":"The study is devoted to the current issue of the weight of criminal judicial evidence, which is understudied in the national doctrine. The legislator, having introduced this evaluative concept in 2012 (Paragraph 1, Part 11, Article 1 of 178 CCP), did not provide its normative definition. As a result, there is a conceptual uncertainty, which is inappropriate given the requirements of the rule of law (Article 8 of the Constitution of Ukraine, Article 8 of the CCP). Therefore, the purpose of study is to attempt to formulate a definition of the “weight of evidence”, to propose a scheme of work of a lawyer to determine the signs of this activity phenomenon in situations of making appropriate procedural decisions. The study is based on the activity methodology using a number of special methods – search and bibliographic; semantic; Aristotelian; hermeneutic; historical-legal; comparative-legal; functional analysis; generalisation. The study formulated the definition of the “weight of evidence” as an activity characteristic. The latter is the result of a pragmatic logical and legal evaluation of ad hoc evidence within its totality. Thus, certain evidence is prioritised due to the greater suitability attributed to it by the lawyer to serve as a convincing evidence base of the procedural decision. Therefore, the conclusion is substantiated that the “weight of available evidence” as its activity characteristic is “the fifth element” of the structure of “criminal judicial evidence” along with such characteristics as “credibility”, “admissibility”, “reliability”, and “sufficiency”. The study includes conclusion that the introduction by the legislator in 2012 of the “weight of available evidence” meets the requirements of the evidentiary practice of the modern national adversarial process and the ECHR","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49353207","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 : 2021-12-23DOI: 10.37635/jnalsu.28(4).2021.122-132
Sergey V. Stepanenko, V. Filippova, Valentina O. Boniak, T. V. Malakhova, O. Kravchenko
Issues related to the analysis of the current and possible future changes in the constitutional status of public authorities in Ukraine and the legal mechanisms of public administration in the country are considered. An essential feature of state bodies is that only they are endowed with state powers. They perform their functions on behalf of the state in clearly defined forms. An attempt is made to analyze the legally defined organizational structure of legal mechanisms of public administration in the state. The main purpose of a research consists in carrying out the theoretical analysis and system approach to legal mechanisms of public administration in Ukraine and the constitutional relations of branches of the power in the state, disclosure of features of the constituent elements of a system of the constitutional relations of the state power in Ukraine. In the constitutional state the law always must be the primary act of a statement of the state power, and people have to be the only source of a statement of the state power. The most enlightened rulers, in whose hands unlimited all webs of power were concentrated, sooner or later became wayward tyrants who recognized only their authority, that they neglected freedom and, did not consider inalienable human rights. Therefore, further transfer of powers of public administration from local public authorities to local self-government bodies should be the subject of further research in this direction
{"title":"Legal mechanisms of public administration in Ukraine","authors":"Sergey V. Stepanenko, V. Filippova, Valentina O. Boniak, T. V. Malakhova, O. Kravchenko","doi":"10.37635/jnalsu.28(4).2021.122-132","DOIUrl":"https://doi.org/10.37635/jnalsu.28(4).2021.122-132","url":null,"abstract":"Issues related to the analysis of the current and possible future changes in the constitutional status of public authorities in Ukraine and the legal mechanisms of public administration in the country are considered. An essential feature of state bodies is that only they are endowed with state powers. They perform their functions on behalf of the state in clearly defined forms. An attempt is made to analyze the legally defined organizational structure of legal mechanisms of public administration in the state. The main purpose of a research consists in carrying out the theoretical analysis and system approach to legal mechanisms of public administration in Ukraine and the constitutional relations of branches of the power in the state, disclosure of features of the constituent elements of a system of the constitutional relations of the state power in Ukraine. In the constitutional state the law always must be the primary act of a statement of the state power, and people have to be the only source of a statement of the state power. The most enlightened rulers, in whose hands unlimited all webs of power were concentrated, sooner or later became wayward tyrants who recognized only their authority, that they neglected freedom and, did not consider inalienable human rights. Therefore, further transfer of powers of public administration from local public authorities to local self-government bodies should be the subject of further research in this direction","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44094242","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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