Pub Date : 1900-01-01DOI: 10.36059/978-966-397-116-2/147-171
K. Katerynchuk
INTRODUCTION Health protection is an object of critical infrastructure, one of the state functions in Ukraine as well as in any other state. In Ukraine a holistic organizational-legal system is approved and is functioning at the state level. The basis of state policy in the field of health protection is formed by the Verkhovna Rada of Ukraine consolidating relevant provisions in law. The Criminal Code of Ukraine (hereinafter – the CC) is not an exception. Each country has the legislation on criminal liability – it is a law containing the norms of criminal-legal nature. The Criminal Codes of all post-Soviet states was built in such a way. There are also states, such as Germany and France, which have a law on criminal liability and other laws regulating criminal-legal issues. Comparison of the Criminal Codes of other states, namely, the main compositions of crimes against person’s health, will allow distinguishing certain features, differences between norms and may be of practical interest to the national lawmaker in order to improve it. For this reason there is a need to study the peculiarities of criminal responsibility for crimes against person’s health according to the criminal law of countries with the world legal systems of different types (families), and especially the Romano-Germanic type. Studying the law on criminal liability for infringement on person’s health in Romano-Germanic law system, it is worth paying attention to the Criminal Codes of Post-Soviet countries (The Republic of Belarus (hereinafter referred to as Belarus) 1 , the Republic of Moldova
{"title":"COMPARATIVE LEGAL ANALYSIS OF CRIMES AGAINST PERSON’S HEALTH OF CERTAIN COUNTRIES OF ROMANO-GERMANIC LEGAL FAMILY","authors":"K. Katerynchuk","doi":"10.36059/978-966-397-116-2/147-171","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/147-171","url":null,"abstract":"INTRODUCTION Health protection is an object of critical infrastructure, one of the state functions in Ukraine as well as in any other state. In Ukraine a holistic organizational-legal system is approved and is functioning at the state level. The basis of state policy in the field of health protection is formed by the Verkhovna Rada of Ukraine consolidating relevant provisions in law. The Criminal Code of Ukraine (hereinafter – the CC) is not an exception. Each country has the legislation on criminal liability – it is a law containing the norms of criminal-legal nature. The Criminal Codes of all post-Soviet states was built in such a way. There are also states, such as Germany and France, which have a law on criminal liability and other laws regulating criminal-legal issues. Comparison of the Criminal Codes of other states, namely, the main compositions of crimes against person’s health, will allow distinguishing certain features, differences between norms and may be of practical interest to the national lawmaker in order to improve it. For this reason there is a need to study the peculiarities of criminal responsibility for crimes against person’s health according to the criminal law of countries with the world legal systems of different types (families), and especially the Romano-Germanic type. Studying the law on criminal liability for infringement on person’s health in Romano-Germanic law system, it is worth paying attention to the Criminal Codes of Post-Soviet countries (The Republic of Belarus (hereinafter referred to as Belarus) 1 , the Republic of Moldova","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122394996","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/127-146
О. О. Iliashko
{"title":"INTERNATIONAL LEGAL SOURCES AND MECHANISMS OF HUMAN RIGHTS PROTECTION AT TEMPORARILY OCCUPIED TERRITORIES","authors":"О. О. Iliashko","doi":"10.36059/978-966-397-116-2/127-146","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/127-146","url":null,"abstract":"","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124100952","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/194-219
Miniailo N. Ye
{"title":"NORMATIVE AND LEGAL FRAMEWORK FOR ANTI-ORGANIZED CRIME IN UKRAINE","authors":"Miniailo N. Ye","doi":"10.36059/978-966-397-116-2/194-219","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/194-219","url":null,"abstract":"","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126733745","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/243-257
S. Petkov
INTRODUCTION After proclaiming independence in Ukraine 1 the period of large-scale reforms began, which was supposed to be completed by the transformation of the Soviet-pattern Ukraine into the European state. Having adopted the Constitution of Ukraine in 1996, the reformative efforts to introduce human centered ideology gained an additional impulse. Article 5 of the Constitution of Ukraine stipulates that “the bearer of sovereignty and the only source of power in Ukraine is the people. People exercise power directly and through the bodies of state power and local self-government”, and Article 6 of the Constitution of Ukraine stipulates that “state power in Ukraine is exercised on the basis of its division into legislative, executive and judicial” 2 . Just in order to bring the state power in Ukraine in the compliance of its actual state (with the remained elements of the Soviet system) with the legal state (enshrined in the Constitution of an independent Ukraine), the administrative reform was initiated in 1998. In fact, it should have become the basis for reforming not only administrative legislation, but also the entire public law in Ukraine. The Constitution of Ukraine laid the basis for the development of Ukraine as a highly developed, legal, civilized European state with a high standard of living, culture and democracy, in which the principle of the supremacy of law acts and all public relations are based on legal orders. Article 3 of the Constitution of Ukraine stipulates that “human rights and freedoms and their guarantees determine the content and orientation of the state. The state is responsible to a person for its activity. The assertion and
{"title":"THE DIRECTIONS OF IMPROVEMENT OF NATIONAL LEGISLATION: FROM THE COMMAND-CONTROLLED SYSTEM TO THE MODERN DEMOCRATIC SOCIAL LAW-GOVERNED STATE","authors":"S. Petkov","doi":"10.36059/978-966-397-116-2/243-257","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/243-257","url":null,"abstract":"INTRODUCTION After proclaiming independence in Ukraine 1 the period of large-scale reforms began, which was supposed to be completed by the transformation of the Soviet-pattern Ukraine into the European state. Having adopted the Constitution of Ukraine in 1996, the reformative efforts to introduce human centered ideology gained an additional impulse. Article 5 of the Constitution of Ukraine stipulates that “the bearer of sovereignty and the only source of power in Ukraine is the people. People exercise power directly and through the bodies of state power and local self-government”, and Article 6 of the Constitution of Ukraine stipulates that “state power in Ukraine is exercised on the basis of its division into legislative, executive and judicial” 2 . Just in order to bring the state power in Ukraine in the compliance of its actual state (with the remained elements of the Soviet system) with the legal state (enshrined in the Constitution of an independent Ukraine), the administrative reform was initiated in 1998. In fact, it should have become the basis for reforming not only administrative legislation, but also the entire public law in Ukraine. The Constitution of Ukraine laid the basis for the development of Ukraine as a highly developed, legal, civilized European state with a high standard of living, culture and democracy, in which the principle of the supremacy of law acts and all public relations are based on legal orders. Article 3 of the Constitution of Ukraine stipulates that “human rights and freedoms and their guarantees determine the content and orientation of the state. The state is responsible to a person for its activity. The assertion and","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123657314","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/64-84
О. Busol
INTRODUCTION In the whole world it is a well-known fact proved by scientists that corruption can accompany the process of financing political parties. This is exactly why the problem of financing elections campaigns is relevant not only in Ukraine, but also in the political life of all developed countries. According to the National agency of preventing corruption, the amount for the state funding of parties in Ukraine in 2018 was 513 million 671 thousand UAH. 1 At the same time, the results of the public survey conducted by the «Democratic initiatives» Foundation and the Ukrainian Center for Economic and Political studies named after Oleksandr Razumkov show that Ukrainians are not ready to finance political parties at the expense of the state’s budget. Thus, 76% of Ukrainians do not support the idea of financing political parties from the State Budget and 40% of Ukrainians believe that financing the parties is the task of the party’s leaders and party members. Only 13% of Ukrainians believe that political parties should be financed by the state, and 14% believe that businessmen should finance them. The Director of the «Democratic Initiatives» Foundation named after Ilko Kucheriv and I. Bekeshkina notes that society has a low-level of trust towards parties because they defend the interest of financial-economic leaders instead of defending the interest of people. This means that the same oligarch must finance his own party 2 . As usual, businessmen, who invest in political parties, expect to gain profit from them. In Ukraine this business could earn profit due to assignment of its protégés to the top positions in the Cabinet of Ministers of Ukraine, The Security service of Ukraine, the General Prosecutor’s
{"title":"FINANCING POLITICAL PARTIES IN THE WORLD AS A FACTOR OF MINIMIZING CORRUPTION","authors":"О. Busol","doi":"10.36059/978-966-397-116-2/64-84","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/64-84","url":null,"abstract":"INTRODUCTION In the whole world it is a well-known fact proved by scientists that corruption can accompany the process of financing political parties. This is exactly why the problem of financing elections campaigns is relevant not only in Ukraine, but also in the political life of all developed countries. According to the National agency of preventing corruption, the amount for the state funding of parties in Ukraine in 2018 was 513 million 671 thousand UAH. 1 At the same time, the results of the public survey conducted by the «Democratic initiatives» Foundation and the Ukrainian Center for Economic and Political studies named after Oleksandr Razumkov show that Ukrainians are not ready to finance political parties at the expense of the state’s budget. Thus, 76% of Ukrainians do not support the idea of financing political parties from the State Budget and 40% of Ukrainians believe that financing the parties is the task of the party’s leaders and party members. Only 13% of Ukrainians believe that political parties should be financed by the state, and 14% believe that businessmen should finance them. The Director of the «Democratic Initiatives» Foundation named after Ilko Kucheriv and I. Bekeshkina notes that society has a low-level of trust towards parties because they defend the interest of financial-economic leaders instead of defending the interest of people. This means that the same oligarch must finance his own party 2 . As usual, businessmen, who invest in political parties, expect to gain profit from them. In Ukraine this business could earn profit due to assignment of its protégés to the top positions in the Cabinet of Ministers of Ukraine, The Security service of Ukraine, the General Prosecutor’s","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126012861","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/25-43
V. A. Bortnyak
{"title":"EUROPEAN MODEL FOR REFORMING PUBLIC FINANCIAL CONTROL","authors":"V. A. Bortnyak","doi":"10.36059/978-966-397-116-2/25-43","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/25-43","url":null,"abstract":"","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115858778","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/85-107
Yuliia Dorokhina
INTRODUCTION Article 3 of the Constitution of Ukraine proclaims the fact that a person, his/her life and health, honor and dignity, inviolability and safety are recognized in Ukraine as the highest social value. For that reason, the issues of crime qualification against the most valuable human benefits – life and health is of great attention because in the criminal legal aspect such infringements are recognized as the most dangerous. Human life is a special form of human existence (human organism) characterized by integrity and ability to self-organization; it is the most valuable benefit, which in case of human death can not be renewed. Human life is characterized by reactivity, breathing, thinking, sensitivity, vision, communication, nutrition, growth, movement, metabolism, and reproduction etc.
{"title":"HUMAN LIFE AS THE HIGHEST SOCIAL VALUE AND THE SUBJECT OF LEGAL PROTECTION","authors":"Yuliia Dorokhina","doi":"10.36059/978-966-397-116-2/85-107","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/85-107","url":null,"abstract":"INTRODUCTION Article 3 of the Constitution of Ukraine proclaims the fact that a person, his/her life and health, honor and dignity, inviolability and safety are recognized in Ukraine as the highest social value. For that reason, the issues of crime qualification against the most valuable human benefits – life and health is of great attention because in the criminal legal aspect such infringements are recognized as the most dangerous. Human life is a special form of human existence (human organism) characterized by integrity and ability to self-organization; it is the most valuable benefit, which in case of human death can not be renewed. Human life is characterized by reactivity, breathing, thinking, sensitivity, vision, communication, nutrition, growth, movement, metabolism, and reproduction etc.","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131637096","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/44-63
K. V. Bortnyak
{"title":"REGULATORY ANALYSIS OF THE DEVELOPMENT OF CORRUPTION IN UKRAINE","authors":"K. V. Bortnyak","doi":"10.36059/978-966-397-116-2/44-63","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/44-63","url":null,"abstract":"","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114293408","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/2-24
V. Bevzenko
{"title":"PRECONDITIONS OF SUBJECTIVE RIGHTS PROTECTION IN NATIONAL ADMINISTRATIVE LEGAL PROCEEDING","authors":"V. Bevzenko","doi":"10.36059/978-966-397-116-2/2-24","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/2-24","url":null,"abstract":"","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116335557","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 : 1900-01-01DOI: 10.36059/978-966-397-116-2/258-277
V. Fedorenko
INTRODUCTION The development of modern states implies the effective protection of their rights to intellectual property 1 . After all, these objects today are no less important indicator of the country’s economic, social, cultural and spiritual potential than its financial resources or minerals. It is not in vain that the key to the development and prosperity of the intellectually inherent economies of most of the member states of the European Union, the USA, Japan, Singapore, South Korea, and others became the most developed systems of administrative and judicial protection of the right to objects of intellectual property rights in the 21st century. For Ukraine, the problem of developing and improving an effective system of protection of rights to intellectual property objects is, on the one hand, the issue of preserving and increasing the domestic intellectual capital, a kind of ‘intellectual matrix’ of Ukraine’s critical infrastructure, and on the other hand a narrative for European integration through the implementation of the provisions of the Agreement on the association of Ukraine with the EU and other international obligations of our state in the field of protection of intellectual property. It should be noted that despite the known shortcomings in the field of law-making and enforcement practice in protecting the rights to intellectual property objects in Ukraine, Ukraine’s successes in this area are also prominent and promising. In particular, in the years 2002-2019, the forensic examination on intellectual property has been established and developed. It is not analogous in most countries of the world. In 2019, the Supreme Court on Intellectual Property will begin its work; a number of initiatives supported by the public have been introduced to the Parliament, which should improve the
{"title":"FORENSIC EXAMINATION ON INTELLECTUAL PROPERTY AS AN INSTITUTE OF PROTECTION OF CRITICAL INFRASTRUCTURE IN UKRAINE: GENESIS, CONCEPT AND SYSTEM","authors":"V. Fedorenko","doi":"10.36059/978-966-397-116-2/258-277","DOIUrl":"https://doi.org/10.36059/978-966-397-116-2/258-277","url":null,"abstract":"INTRODUCTION The development of modern states implies the effective protection of their rights to intellectual property 1 . After all, these objects today are no less important indicator of the country’s economic, social, cultural and spiritual potential than its financial resources or minerals. It is not in vain that the key to the development and prosperity of the intellectually inherent economies of most of the member states of the European Union, the USA, Japan, Singapore, South Korea, and others became the most developed systems of administrative and judicial protection of the right to objects of intellectual property rights in the 21st century. For Ukraine, the problem of developing and improving an effective system of protection of rights to intellectual property objects is, on the one hand, the issue of preserving and increasing the domestic intellectual capital, a kind of ‘intellectual matrix’ of Ukraine’s critical infrastructure, and on the other hand a narrative for European integration through the implementation of the provisions of the Agreement on the association of Ukraine with the EU and other international obligations of our state in the field of protection of intellectual property. It should be noted that despite the known shortcomings in the field of law-making and enforcement practice in protecting the rights to intellectual property objects in Ukraine, Ukraine’s successes in this area are also prominent and promising. In particular, in the years 2002-2019, the forensic examination on intellectual property has been established and developed. It is not analogous in most countries of the world. In 2019, the Supreme Court on Intellectual Property will begin its work; a number of initiatives supported by the public have been introduced to the Parliament, which should improve the","PeriodicalId":399476,"journal":{"name":"FORMATION AND PROSPECTS FOR THE DEVELOPMENT OF NATIONAL CRITICAL INFRASTRUCTURE PROTECTION SYSTEM IN UKRAINE","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122839542","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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