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Current model of the state executive service in the system of public authorities of Ukraine 乌克兰公共当局系统中国家行政服务的现行模式
Q3 Arts and Humanities Pub Date : 2021-06-25 DOI: 10.37635/jnalsu.28(2).2021.105-113
P. Makushev, А. V. Khridochkin, Hanna O. Blinova, O. Taldykin
The relevance of the problem under study is due to the need for theoretical justification of the place of executive proceedings in the modern legal system of Ukraine and the functions of the state executive service to protect the rights of citizens and legal entities, as well as the interests of the country. The purpose of the article is to develop a modern model of administrative activity of state executive service bodies. The leading research method for this problem is modeling, which allows us to consider this problem as a focused and informed process of reforming the existing system of executive proceedings in Ukraine. The article presents the main causes of problem situations in executive proceedings and offers comprehensive ways to solve them, based on the structure of the modern state executive service, creating the theoretical foundations of executive proceedings and making specific amendments to the current legislation. The article clarifies the principles, functions and powers of the state executive service in Ukraine, as well as defines the functional features of the administrative activities of the state executive service bodies and discloses the contents of the administrative-legal status of the state executor in a mixed decision enforcement system. In Ukraine is not yet comprehensive research on state executive service in Ukraine in a mixed system of decision-making, with emphasis on the peculiarities of its reform in the present period and the formulation of the Concept. This determines the relevance of this study, its scientific and practical value
所研究问题的相关性是因为需要从理论上证明行政诉讼在乌克兰现代法律体系中的地位,以及国家行政部门保护公民和法律实体权利以及国家利益的职能。本文的目的是建立一个国家行政服务机构行政活动的现代模式。这一问题的主要研究方法是建模,这使我们能够将这一问题视为改革乌克兰现有行政诉讼制度的一个有重点和知情的过程。本文从现代国家行政服务的结构出发,建立行政程序的理论基础,并对现行立法进行具体修改,提出了行政程序问题产生的主要原因,并提出了解决这些问题的综合途径。文章阐明了乌克兰国家行政服务的原则、职能和权力,界定了国家行政服务机构行政活动的职能特征,揭示了国家执行人在混合决策执行系统中的行政法律地位的内容。在乌克兰,尚未全面研究乌克兰混合决策系统中的国家行政服务,重点是其在当前时期改革的特点和概念的制定。这决定了本研究的相关性、科学性和实用性
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引用次数: 0
Problems of legal science in the context of modern state-building processes in Ukraine: Challenges and tasks 乌克兰现代国家建设过程中的法学问题:挑战与任务
Q3 Arts and Humanities Pub Date : 2021-06-25 DOI: 10.37635/jnalsu.28(2).2021.123-131
N. Parkhomenko, T. Podorozhna, T. Tarakhonych, L. Andrusiv, L. M. Mozoliuk-Bodnar
The article examines the problems of legal science in the context of modern state-building processes in Ukraine through the prism of constitutional reform and ensuring the constitutional order. It is emphasised that one of the main causes of the socio-political crisis, economic unrest and social regress is imperfect legislation, which often does not meet the needs of Ukrainian society, European principles and international standards. On the other hand, it is obvious and historically confirmed that the adoption of a new Constitution or amendments to the current and improvement of legislation does not in itself mean a real law and order. For more than a quarter of a century, Ukraine has remained in a state of transition. It is noted that the assessment of the impact of constitutional legislation, which determines almost all reforms in the state, revealed the following priorities: the creation of favourable conditions for the formation of a new constitutional (state and social) system; determining the conditions for the formation of a new system of economic relations; consolidation of new principles of organisation and functioning of state and socio-political life; actual implementation of the provisions of the Basic Law; further constitutionalisation of all elements of the legal system; recognition of the authority of international law. Regarding the latter, it is stated that the legal ideas, norms and principles proclaimed in the Constitution of Ukraine, provisions on human and civil rights and freedoms must meet international standards, because by becoming a member of the Council of Europe, Ukraine has committed itself to implement European human rights standards, the supremacy of law and democracy. It is the amendments to the Constitution of Ukraine that should provide the foundation for democratic change and the construction of a European democracy that will allow building in Ukraine an independent European state, where every Ukrainian will feel dignified and protected. It was concluded that modern jurisprudence is characterised by a number of scientific methodological approaches, which allows a comprehensive approach to the study of law and legislation in different dimensions. This is objectively due to the constant complication of social relations, including international ones, and requires a deeper understanding of the content of this category and the prospects for its further development. This process will be effective only if it is carried out taking into account the specifics of law and, accordingly, the principles of its knowledge. There is also no doubt that only methodologically sound research of law will allow forming a holistic internally consistent theory of law, which can be applied in the theory of state and law, other areas of law, as well as in the course of state and legal development, including in Ukraine
本文通过宪法改革和确保宪法秩序的棱镜,考察了乌克兰现代国家建设过程背景下的法学问题。报告强调,造成社会政治危机、经济动荡和社会倒退的主要原因之一是立法不完善,这往往不符合乌克兰社会的需要、欧洲原则和国际标准。另一方面,历史清楚地证实,通过一部新宪法或修改现行立法和改进立法本身并不意味着真正的法律和秩序。超过四分之一个世纪以来,乌克兰一直处于过渡状态。值得注意的是,对几乎决定国家所有改革的宪法立法影响的评估揭示了以下优先事项:为形成新的宪法(国家和社会)体系创造有利条件;确定形成新的经济关系体系的条件;巩固国家和社会政治生活的组织和运作的新原则;《基本法》规定的实际执行情况;进一步将法律体系的所有要素宪法化;承认国际法的权威。关于后者,有人指出,《乌克兰宪法》所宣布的法律理念、规范和原则、关于人权和公民权利和自由的规定必须符合国际标准,因为乌克兰在成为欧洲委员会成员后,已承诺执行欧洲人权标准、法律至上和民主。乌克兰宪法的修正案应该为民主变革和欧洲民主的建设奠定基础,从而使乌克兰成为一个独立的欧洲国家,每个乌克兰人都能感受到尊严和保护。最后得出的结论是,现代法律学的特点是采用了许多科学的方法论方法,这使得在不同方面对法律和立法进行全面的研究成为可能。这在客观上是由于包括国际关系在内的社会关系不断复杂化,需要对这一类别的内容及其进一步发展的前景有更深入的了解。只有在进行这一进程时考虑到法律的具体情况,并因此考虑到法律所知的原则,这一进程才会有效。毫无疑问,只有在方法上健全的法律研究才能形成一种整体的内部一致的法律理论,这种理论可以应用于国家和法律理论、其他法律领域以及国家和法律发展过程,包括在乌克兰
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引用次数: 0
The essence of a helpless state of a person as an important component in the investigation of crimes 作为犯罪调查的重要组成部分的人的无助状态的本质
Q3 Arts and Humanities Pub Date : 2021-06-25 DOI: 10.37635/jnalsu.28(2).2021.269-276
O. Kravchuk, V. Atamanchuk, Yurii M. Turovets, S. Volkotrub, Oleksandr Ostapenko
The modern legal framework, despite the definition of a helpless state in the corresponding provisions of criminal, administrative, and civil legislation, does not answer the question of what exactly should be understood by such a state due to the lack of any definitions or interpretations of this concept. This determines the relevance of this study. The purpose of this study is to develop an interpretation of a helpless or other life-threatening condition, with the subsequent possibility of the corresponding improvement of the current legislation of Ukraine. The leading method of research is the method of comparative legal analysis. The study analyses the definitions of the concept of a helpless state of a person available in legal and scientific sources. Based on the results of the study, the author’s position on the essence of the concept of a helpless state is presented. The causes that can act as factors of a helpless state are identified. It is noted that the helpless state of a person, under certain conditions, can transform into a dangerous state of a person, as a result of which there is a threat of violation of citizens’ rights. The authors conclude that a helpless state is not only a physical or mental state in which a person can be located, but also a physiological state (psychophysiological), as its factor, acts as a component of the content of a helpless state. Identification of the scope and content of the rights of citizens in need of external security due to the presence of the relevant citizens, owners of these rights in a helpless or other life-threatening state, another task of solving which requires prior clarification of the essence of the helpless state or related states. Based on the analysis, the authors propose an original definition of the helpless state, as well as determine its features
尽管在刑事、行政和民事立法的相应条款中对无助国家进行了定义,但现代法律框架并没有回答这样一个国家究竟应该理解什么的问题,因为缺乏对这一概念的任何定义或解释。这决定了本研究的相关性。本研究的目的是对无助或其他危及生命的情况进行解释,从而有可能相应改进乌克兰现行立法。主要的研究方法是比较法律分析法。该研究分析了法律和科学来源中对一个人无助状态概念的定义。根据研究结果,作者对无助状态概念的本质提出了自己的立场。找出了造成无助状态的原因。值得注意的是,在某些情况下,一个人的无助状态可以转变为一个人的危险状态,从而有侵犯公民权利的威胁。作者得出结论,无助状态不仅是一个人可以定位的身体或精神状态,而且作为其因素的生理状态(心理生理学)也是无助状态内容的组成部分。确定由于相关公民、这些权利的所有人处于无助或其他危及生命的状态而需要外部安全的公民的权利的范围和内容,这是另一项需要事先澄清无助状态或相关状态本质的解决任务。在分析的基础上,作者提出了无助状态的原始定义,并确定了其特征
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引用次数: 0
The legal regulation of service and combat activities of the security and defense sector of Ukraine in crisis situations 乌克兰安全和国防部门在危机情况下的服务和作战活动的法律规定
Q3 Arts and Humanities Pub Date : 2021-06-25 DOI: 10.37635/jnalsu.28(2).2021.76-85
S. Bielai, O. Kobzar, I. Yevtushenko, V. Korniienko, Oleksandr Koba
The article states that nowadays situations in Ukraine shows that the theory of military activity of law enforcement forces needs a new development in the terms of settlement of armed confrontation in separate areas of Donetsk and Luhansk areas. Therefore, the issues of regulatory and legal support of law enforcement agencies in responding to crisis situations come to the fore. The analysis of normative legal acts shows that legal norms are not formulated clearly enough and ambiguously interpreted by law enforcement agencies. Therefore, it is necessary to refine the legislative mechanism for preventing and responding to crisis situations that threaten the national security of Ukraine. Therefore, the purpose of the research is to comprehensively reveal the essence and features of the legal regulations of combat operations of the security and defense sector of Ukraine in crisis situations and to develop specific practical recommendations, scientifically sound proposals for improving State governance in this field. In order to research the best practices of Ukraine on the functioning of Public mechanisms of response of the security and defense sector of Ukraine to crisis situations during the Anti-Terrorist Operation and the Joint Forces Operation in some districts of Donetsk and Luhansk regions, an expert survey of anti-terrorist security experts was conducted. The results of the survey provided an opportunity to identify the main problematic issues in the functioning of the anti-terrorist security system and provide appropriate development proposals. The State authorities today need to focus on improving the organization of management, establishing interagency cooperation between government agencies, increasing the level of pre-training of personnel, a clear definition of tasks for law enforcement units during special operations. Areas of further research will be aimed at developing State mechanisms of responding by the components of the security and defense sector of Ukraine to crisis situations
该条指出,乌克兰目前的局势表明,在解决顿涅茨克和卢甘斯克地区不同地区的武装对抗方面,执法部队军事活动的理论需要有新的发展。因此,执法机构在应对危机局势时的监管和法律支持问题就显得尤为突出。对规范性法律行为的分析表明,法律规范的制定不够明确,执法机构对法律规范的解释含糊不清。因此,有必要完善预防和应对威胁乌克兰国家安全的危机局势的立法机制。因此,研究的目的是全面揭示乌克兰安全和国防部门在危机局势中作战行动的法律法规的本质和特点,并为改善这一领域的国家治理提出具体的实际建议和科学合理的建议。为了研究乌克兰在反恐行动和顿涅茨克和卢甘斯克地区联合部队行动期间乌克兰安全和国防部门应对危机局势的公共机制运作的最佳做法,对反恐安全专家进行了专家调查。调查的结果提供了一个机会,以查明反恐怖主义安全系统运作方面的主要问题,并提出适当的发展建议。国家当局今天需要集中注意改进管理组织,建立政府机构之间的机构间合作,提高人员的预培训水平,明确界定执法单位在特别行动期间的任务。进一步研究的领域将旨在发展由乌克兰安全和国防部门各组成部分对危机局势作出反应的国家机制
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引用次数: 1
The role of forensic science and forensic examination in international cooperation in the investigation of crimes 法医学和法医检查在调查犯罪的国际合作中的作用
Q3 Arts and Humanities Pub Date : 2021-03-24 DOI: 10.37635/JNALSU.28(1).2021.179-186
V. Shepitko, M. Shepitko
The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime
应用法医科学和专门知识是在地方和国家一级调查犯罪的必要先决条件。如果不使用法医科学和专门知识,刑事程序框架内的调查就会变得毫无意义和毫无根据。但是,随着世界进程的全球化,技术的发展,信息传播的速度,一个国家境外犯罪的形成及其进入国际层面已成为一个紧迫的问题,这已成为打击此类犯罪的挑战,并需要引导法医科学和专业知识协助执法活动。打击犯罪调查的一个特点是,甚至在建立可以在实践中打击犯罪的实际机构之前,在法医专家和专家证人之间建立国际合作。因此,这些国际联盟和协会的一些代表已采取严肃步骤,在国际一级建立对罪行进行真正对抗的机制(R.A. Reiss、g.s oderman、m.s。Bassiuni)。通过界定法医科学和专门知识的作用,对调查犯罪方面的国际合作问题进行了报道,从而使重点放在以下几个方面:1)在历史背景下打击犯罪的国际法医专家协会;2)打击犯罪的国际刑事警察组织;(三)法医鉴定领域的国际合作;4)在国际刑事法院的活动中使用法医和专门知识。因此,在打击犯罪的斗争中,理论和实践的结合得到了证明。从历史上看,这与法医学和专业知识在记录犯罪痕迹、分析犯罪痕迹以及形成法律、法医和专家证人意见方面的作用有关。这项研究的目的是确定法医科学和专门知识在调查犯罪的国际合作中的决定性作用。为此,作者求助于法医科学和专业知识,这些历史过程有助于创建旨在打击国际犯罪的实质性国际组织
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引用次数: 9
Human rights in the digital age: Challenges, threats and prospects 数字时代的人权:挑战、威胁和前景
Q3 Arts and Humanities Pub Date : 2021-03-24 DOI: 10.37635/JNALSU.28(1).2021.15-23
O. Petryshyn, O. Hyliaka
The current stage of development of public relations is described by a rapid increase in digital technologies. Intensive development of science and active technological progress have become the main characteristic features of modern society. This has affected the specific features of people’s lives in society, the exercise of their rights and freedoms, and has become a catalyst for the development of a new category of human rights – “digital” rights. The purpose of the study is to analyse the main threats and challenges facing human rights and freedoms in the context of digitalisation, and to develop proposals on promising ways to protect against these threats. The study conducts a theoretical and legal research of problematic issues of the implementation of human rights in the context of mass digitalisation of public relations, indicates that the era of digital technologies provides completely new and qualitatively different opportunities for their implementation, but at the same time it creates new challenges and threats to ensure these rights and freedoms. It is noted that classical human rights and freedoms are being transformed, filled with new aspects and content, and branched out into those that are related to the digitalisation process. The results of digitalisation of many spheres of life require comprehension and adequate formulation of the legal mechanism for regulating, implementing, protecting the already existing and emerging human rights for the purpose of sustainable socioeconomic development, ensuring the implementation and protection of constitutional human and civil rights and freedoms. The study focuses on new rights such as the right to be forgotten, the right to anonymity, the right to protect personal data, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; rights to take part in property turnover in the digital sphere
公共关系发展的当前阶段是由数字技术的快速增长所描述的。科学的密集发展和技术的积极进步已成为现代社会的主要特征。这已经影响到人们在社会中生活的具体特征,影响到他们权利和自由的行使,并已成为一种新的人权类别——“数字”权利——发展的催化剂。该研究的目的是分析数字化背景下人权和自由面临的主要威胁和挑战,并就防范这些威胁的有希望的方法提出建议。该研究对公共关系大规模数字化背景下的人权实施问题进行了理论和法律研究,表明数字技术时代为人权的实施提供了全新的、质量不同的机会,但同时也为确保这些权利和自由带来了新的挑战和威胁。值得注意的是,经典的人权和自由正在转变,充满了新的方面和内容,并扩展到与数字化进程相关的领域。许多生活领域数字化的结果需要理解和充分制定法律机制,以规范、实施和保护现有和新出现的人权,以实现可持续的社会经济发展,确保宪法人权和公民权利和自由的实施和保护。该研究侧重于新的权利,如被遗忘权、匿名权、保护个人数据的权利、接受数字教育的权利和获取数字知识的权利;与保护遗传信息有关的权利;参与数字领域财产流转的权利
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引用次数: 15
Introduction of the Concept of Sustainable Development in the Context of the Constitutional Reform of Ukraine 乌克兰宪法改革背景下可持续发展概念的介绍
Q3 Arts and Humanities Pub Date : 2020-12-30 DOI: 10.37635/JNALSU.27(4).2020.53-65
A. Lelechenko, O. Lebedinska, S. Somin, V. Vakulenko, N. Pikh
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引用次数: 4
The Concept of Animal Rights Through the Lens of Critical Analysis 从批判分析的角度看动物权利的概念
Q3 Arts and Humanities Pub Date : 2020-12-30 DOI: 10.37635/JNALSU.27(4).2020.255-266
V. Yermolenko
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引用次数: 0
Journal of the National Academy of Legal Sciences of Ukraine 乌克兰国家法律科学院学报
Q3 Arts and Humanities Pub Date : 2020-12-30 DOI: 10.31359/1993-0909
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引用次数: 1
To the Problem of Structure and Classifications of Criminal Policy Formation 论刑事政策形成的结构与分类问题
Q3 Arts and Humanities Pub Date : 2020-12-30 DOI: 10.37635/JNALSU.27(4).2020.282-293
M. Shepitko
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引用次数: 5
期刊
Journal of the National Academy of Legal Sciences of Ukraine
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