Pub Date : 2021-07-06DOI: 10.16925/2357-5891.2021.02.11
Revista Dixi, G. Korniyenko
Corporate social responsibility is a current issue for every European country, due to the implementation of the United Nations Guiding Principles on Business and Human Rights. For Ukrainian agribusiness, the issue of social responsibility becomes especially important as Ukraine is at the initial stage of formation of the land market. It is expected that investors will take part in the social development of rural areas. So, this must be taken into account when planning agrarian business in Ukraine. At the same time, the legal regulation of corporate social responsibility is still insufficiently developed, which determines the relevance of the topic of the article.
{"title":"The Legal support of social responsibility of agribusiness entities of Ukraine","authors":"Revista Dixi, G. Korniyenko","doi":"10.16925/2357-5891.2021.02.11","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.11","url":null,"abstract":"Corporate social responsibility is a current issue for every European country, due to the implementation of the United Nations Guiding Principles on Business and Human Rights. For Ukrainian agribusiness, the issue of social responsibility becomes especially important as Ukraine is at the initial stage of formation of the land market. It is expected that investors will take part in the social development of rural areas. So, this must be taken into account when planning agrarian business in Ukraine. At the same time, the legal regulation of corporate social responsibility is still insufficiently developed, which determines the relevance of the topic of the article.","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45298065","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.10
Revista Dixi, Olexandr M. Dzhuzha, Vitaly V. Vasylevych, B. Telefanko, Nataliіa E. Filipenko
The purpose of this paper is to examine to what extent the criminological foundation has been established by Ukraine in ensuring it's prevention in the domain of physical culture and sport. Crime commission has been always in the increase in every society even though with the existence of credible principles and sanctions. We all know that in the domain of physical culture and sport experience of all nature of crimes are encountered and this has affected the very existence of this discipline. There is no way we can have an effective recognition of this fields if appropriate measures and not taken in curbing the crime level in the areas. Crime in the field of physical culture and sports covers almost all types of crime of the Special Part of Criminology. The current lack of objective data on state statistics on issues of our interest, and the urgent need to study crimes in the field of physical culture and sports require the development of appropriate conceptual approaches to collecting and summarizing own empirical information, taking into account the tasks of this research and perspectives of implementing obtained results into practical activities of police units. The authors of the article have tried to develop criminological characteristics and prevention of crimes in the field of physical culture and sports. The authors have emphasized the high latency of this type of crime, as well as the methodology of research of this phenomenon; they have revealed the brief characteristics of the criminal’s personality in the field of physical culture and sports. Preventive measures against these crimes have been grounded. Propositions for improving the legal regulation of criminal and legal prevention of criminal encroachments within sports have been provided.tribute to improving the health, physical and spiritual development of the population.
{"title":"The Criminological Principles of Crime Prevention in the Field of Physical Culture and Sports of Ukraine","authors":"Revista Dixi, Olexandr M. Dzhuzha, Vitaly V. Vasylevych, B. Telefanko, Nataliіa E. Filipenko","doi":"10.16925/2357-5891.2021.02.10","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.10","url":null,"abstract":"The purpose of this paper is to examine to what extent the criminological foundation has been established by Ukraine in ensuring it's prevention in the domain of physical culture and sport. Crime commission has been always in the increase in every society even though with the existence of credible principles and sanctions. We all know that in the domain of physical culture and sport experience of all nature of crimes are encountered and this has affected the very existence of this discipline. There is no way we can have an effective recognition of this fields if appropriate measures and not taken in curbing the crime level in the areas. Crime in the field of physical culture and sports covers almost all types of crime of the Special Part of Criminology. The current lack of objective data on state statistics on issues of our interest, and the urgent need to study crimes in the field of physical culture and sports require the development of appropriate conceptual approaches to collecting and summarizing own empirical information, taking into account the tasks of this research and perspectives of implementing obtained results into practical activities of police units. The authors of the article have tried to develop criminological characteristics and prevention of crimes in the field of physical culture and sports. The authors have emphasized the high latency of this type of crime, as well as the methodology of research of this phenomenon; they have revealed the brief characteristics of the criminal’s personality in the field of physical culture and sports. Preventive measures against these crimes have been grounded. Propositions for improving the legal regulation of criminal and legal prevention of criminal encroachments within sports have been provided.tribute to improving the health, physical and spiritual development of the population. ","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46401851","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.05
Revista Dixi, R. Shapoval, T. Kolomoiets, Oksana Valeriivna Brusakova, Mikayil Vagif Oglu Garayev
The purpose of this article is to determine the nature and content of administrative and procedural guarantees. In this regard, it is necessary to solve the following tasks: To clarify the definition of administrative and procedural guarantees, to characterize their types, to reveal the features of administrative and procedural guarantees, and to determine the place of this legal phenomenon in the general legal system. Issues related to theoretical and legal interpretation, legislative definition and direct implementation of administrative and procedural guarantees are updated and considered. The influence of administrative-procedural guarantees on the level of development of the domestic legal system is analyzed. Attention is drawn to the fact that the quality of proper functioning of administrative-procedural guarantees directly depends on the development of state institutions of a particular country, as well as on the level of perfection and efficiency of the entire state-power mechanism, i.e. the state system. Given that the essence of modern administrative and procedural guarantees provides for the proper consolidation of rights, freedoms and legitimate interests of individuals, it is justified that the key role in these processes will always play the level of legal awareness, along with the level of transparency and timeliness. The author’s definitions of the terms “administrative-procedural guarantees”, “protection of legal guarantees of citizens” and “legal awareness of the population” are given. Some of the characteristic features of foreign models of administrative and legal regulation are proposed for implementation.
{"title":"The Definition, signs and types of administrative and procedural guarantees.","authors":"Revista Dixi, R. Shapoval, T. Kolomoiets, Oksana Valeriivna Brusakova, Mikayil Vagif Oglu Garayev","doi":"10.16925/2357-5891.2021.02.05","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.05","url":null,"abstract":"The purpose of this article is to determine the nature and content of administrative and procedural guarantees. In this regard, it is necessary to solve the following tasks: To clarify the definition of administrative and procedural guarantees, to characterize their types, to reveal the features of administrative and procedural guarantees, and to determine the place of this legal phenomenon in the general legal system. Issues related to theoretical and legal interpretation, legislative definition and direct implementation of administrative and procedural guarantees are updated and considered. The influence of administrative-procedural guarantees on the level of development of the domestic legal system is analyzed. Attention is drawn to the fact that the quality of proper functioning of administrative-procedural guarantees directly depends on the development of state institutions of a particular country, as well as on the level of perfection and efficiency of the entire state-power mechanism, i.e. the state system. Given that the essence of modern administrative and procedural guarantees provides for the proper consolidation of rights, freedoms and legitimate interests of individuals, it is justified that the key role in these processes will always play the level of legal awareness, along with the level of transparency and timeliness. The author’s definitions of the terms “administrative-procedural guarantees”, “protection of legal guarantees of citizens” and “legal awareness of the population” are given. Some of the characteristic features of foreign models of administrative and legal regulation are proposed for implementation.","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45311960","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.03
Revista Dixi, I. Aristova, N. Tsybulnyk, V. Horbonos, S. M. Melnyk
The purpose of this article is to determine the features of the legal status of employees as representatives of public authorities, taking into account domestic and foreign experience. The main elements of the legal status of employees as representatives of public authorities in Ukraine are considered. It is noted that, as subjects of state power, employees are obliged to have a transparent, clear and unambiguous status in society. Among other things, they must comply in their direct activities with all the necessary norms and principles of domestic and international law, because the professional quality of their work will always be seen as a kind of external face of society. Attention is also focused on the fact that the efficiency of employees is directly related to the level of their self-organization, as well as a number of internal factors. In addition, it emphasizes the importance of civil servants, as well as persons working in public institutions and agencies of proper protection of the rights, freedoms and legitimate interests of men and citizens. Such a requirement for employees follows from the norms and principles of both domestic legislation (including the Basic Law of Ukraine and the Constitution of Ukraine) and international legal acts and declarations signed and ratified by Ukraine. Author’s definitions of “legal status”, “civil servant” as well as “public authority” are offered. Examples of successful experience of some developed, mostly Western, countries in building such conditions for the daily functioning of the state system and society as a whole, which managed to create a proper legal status of civil servants as public authorities, which would meet all important requirements today.
{"title":"An outlook on current legal status of the employees as the representatives of public authorities.","authors":"Revista Dixi, I. Aristova, N. Tsybulnyk, V. Horbonos, S. M. Melnyk","doi":"10.16925/2357-5891.2021.02.03","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.03","url":null,"abstract":"The purpose of this article is to determine the features of the legal status of employees as representatives of public authorities, taking into account domestic and foreign experience. The main elements of the legal status of employees as representatives of public authorities in Ukraine are considered. It is noted that, as subjects of state power, employees are obliged to have a transparent, clear and unambiguous status in society. Among other things, they must comply in their direct activities with all the necessary norms and principles of domestic and international law, because the professional quality of their work will always be seen as a kind of external face of society. Attention is also focused on the fact that the efficiency of employees is directly related to the level of their self-organization, as well as a number of internal factors. In addition, it emphasizes the importance of civil servants, as well as persons working in public institutions and agencies of proper protection of the rights, freedoms and legitimate interests of men and citizens. Such a requirement for employees follows from the norms and principles of both domestic legislation (including the Basic Law of Ukraine and the Constitution of Ukraine) and international legal acts and declarations signed and ratified by Ukraine. Author’s definitions of “legal status”, “civil servant” as well as “public authority” are offered. Examples of successful experience of some developed, mostly Western, countries in building such conditions for the daily functioning of the state system and society as a whole, which managed to create a proper legal status of civil servants as public authorities, which would meet all important requirements today.","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48301629","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.01
Revista Dixi, O. Pchelina, Yevhenii Skulysh, Iurii Buglak, R. Myroniuk
The purpose of this article is to reveal the essence and characteristic features of cybersecurity as one of the most important components of stable functioning of the modern society. Examples of successful experience of developed foreign countries on cybersecurity are considered, and possible ways of its use in Ukraine are offered. In particular, the public’s attention is focused on extremely important issues such as national defense in cyberspace, protection of private legitimate interests of individuals in the network and effective information policy by the state towards citizens. It is noted that the cybersphere has long been one of the most important components of the world society and the world economy. This statement is primarily based on the fact that today more and more banking, trade and other settlement or logistics operations, both within one country and in international relations, are carried out using modern computer, telecommunications and other innovative technologies and devices. It is stated that the sphere of public life, which is outlined in this article, is in dire need of its clear and unambiguous legal regulation. This is especially true in developing countries, including Ukraine. After all, their state system and legal framework are not yet stable and stable. The authors’ definitions of “cybersecurity”, “cyber-subjectivity” and “network sovereignty” are offered. In addition, the relationship between the level of development of the cybersphere in a particular country and the level of its economic development and general financial well-being was studied. It is determined that it is extremely important for Ukraine to adopt the successful experience of some developed foreign countries in the field of protection and processing of information in cyberspace.
{"title":"The International experience of ensuring cybersecurity in the country and possibility of its application in Ukraine.","authors":"Revista Dixi, O. Pchelina, Yevhenii Skulysh, Iurii Buglak, R. Myroniuk","doi":"10.16925/2357-5891.2021.02.01","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.01","url":null,"abstract":"The purpose of this article is to reveal the essence and characteristic features of cybersecurity as one of the most important components of stable functioning of the modern society. Examples of successful experience of developed foreign countries on cybersecurity are considered, and possible ways of its use in Ukraine are offered. In particular, the public’s attention is focused on extremely important issues such as national defense in cyberspace, protection of private legitimate interests of individuals in the network and effective information policy by the state towards citizens. It is noted that the cybersphere has long been one of the most important components of the world society and the world economy. This statement is primarily based on the fact that today more and more banking, trade and other settlement or logistics operations, both within one country and in international relations, are carried out using modern computer, telecommunications and other innovative technologies and devices. It is stated that the sphere of public life, which is outlined in this article, is in dire need of its clear and unambiguous legal regulation. This is especially true in developing countries, including Ukraine. After all, their state system and legal framework are not yet stable and stable. The authors’ definitions of “cybersecurity”, “cyber-subjectivity” and “network sovereignty” are offered. In addition, the relationship between the level of development of the cybersphere in a particular country and the level of its economic development and general financial well-being was studied. It is determined that it is extremely important for Ukraine to adopt the successful experience of some developed foreign countries in the field of protection and processing of information in cyberspace.","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49073594","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.06
Revista Dixi, Vasyl Yakovych Nastyuk, V. Tkachenko, A. Koval’, Svitlana Martseliak
This article carries out an analysis and a comparison of successful experience of foreign countries on compensation of the damage caused by the subject of public administration to the private person, and possibilities of its use in Ukraine are defined. It is pointed out that in order to achieve the effective functioning of the public administration system, which would respect all fundamental rights, freedoms and legitimate interests of individuals, Ukraine needs to pay attention to the state of affairs in this area in Western Europe and North America. Emphasis is placed on the fact that only a state that properly complies with the legislation related to the protection of individuals, in the performance of public administration tasks and responsibilities of public administration, can create and maintain a high level of economic development and social welfare. In particular, this applies to the legal norms of national and international law, which in one way or another regulate the procedures for compensation (or compensation) to individuals by the state (its representative bodies), in the case when the first damage or damage from the state is related to public administration. The author’s definitions of the terms “public administration”, “compensation” and “methods of compensation” are offered. In addition, the systems of functioning of such a state and public institution as a mechanism of state compensation for damage caused to individuals are studied and compared, and the impact of the quality of functioning of such a mechanism on the overall efficiency of the state system is analyzed.
{"title":"The Foreign experience of compensation of damage caused by a subject of public administration to a private person and the possibility of its use in Ukraine .","authors":"Revista Dixi, Vasyl Yakovych Nastyuk, V. Tkachenko, A. Koval’, Svitlana Martseliak","doi":"10.16925/2357-5891.2021.02.06","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.06","url":null,"abstract":"This article carries out an analysis and a comparison of successful experience of foreign countries on compensation of the damage caused by the subject of public administration to the private person, and possibilities of its use in Ukraine are defined. It is pointed out that in order to achieve the effective functioning of the public administration system, which would respect all fundamental rights, freedoms and legitimate interests of individuals, Ukraine needs to pay attention to the state of affairs in this area in Western Europe and North America. Emphasis is placed on the fact that only a state that properly complies with the legislation related to the protection of individuals, in the performance of public administration tasks and responsibilities of public administration, can create and maintain a high level of economic development and social welfare. In particular, this applies to the legal norms of national and international law, which in one way or another regulate the procedures for compensation (or compensation) to individuals by the state (its representative bodies), in the case when the first damage or damage from the state is related to public administration. The author’s definitions of the terms “public administration”, “compensation” and “methods of compensation” are offered. In addition, the systems of functioning of such a state and public institution as a mechanism of state compensation for damage caused to individuals are studied and compared, and the impact of the quality of functioning of such a mechanism on the overall efficiency of the state system is analyzed.","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47544437","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.04
Vladislav Leonidovich Fedorenko, O. Dniprov, R. Panchyshyn, O. Muzychuk
The notion of governance is fundamental in the management of every given society, and for this to be realized, there is that need in placing powers in the hands of it's community for the proper enhancement of the community. In it's plight of achieving credible development and potential Justice system, there that need of the local Self-Government agencies to be fully involved in the well-being of the society. It is therefore in this light that this article is explore to study and compare international experience in the area of local self-government agencies functioning, providing propositions on its implementation in Ukraine. International experience in exercising the powers by local self-government agencies is analyzed; offers concerning its adaptation in Ukraine are given. It is noted that local self-government agencies constitute an important component of the functioning and development of any country, but their impact on ensuring the rights, freedoms and legitimate interests of the community, addressing their pressing issues is one that needs improvement. The positive aspect of decentralization is also due to the shift of a significant part of administrative powers from the center to municipalities and local communities in society, especially in its progressive part, there is a real chance to implement those changes, at least at the local level, which are extremely necessary for a long period of time. Conversely, if the central authorities are endowed with the maximum amount of power and imperative powers, while leaving local self-government agencies a fairly narrow amount of real power, the development tendencies of such a state will be mostly negative.
{"title":"Exercising the powers of local self-government agencies in Ukraine","authors":"Vladislav Leonidovich Fedorenko, O. Dniprov, R. Panchyshyn, O. Muzychuk","doi":"10.16925/2357-5891.2021.02.04","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.04","url":null,"abstract":"The notion of governance is fundamental in the management of every given society, and for this to be realized, there is that need in placing powers in the hands of it's community for the proper enhancement of the community. In it's plight of achieving credible development and potential Justice system, there that need of the local Self-Government agencies to be fully involved in the well-being of the society. It is therefore in this light that this article is explore to study and compare international experience in the area of local self-government agencies functioning, providing propositions on its implementation in Ukraine. International experience in exercising the powers by local self-government agencies is analyzed; offers concerning its adaptation in Ukraine are given. It is noted that local self-government agencies constitute an important component of the functioning and development of any country, but their impact on ensuring the rights, freedoms and legitimate interests of the community, addressing their pressing issues is one that needs improvement. The positive aspect of decentralization is also due to the shift of a significant part of administrative powers from the center to municipalities and local communities in society, especially in its progressive part, there is a real chance to implement those changes, at least at the local level, which are extremely necessary for a long period of time. Conversely, if the central authorities are endowed with the maximum amount of power and imperative powers, while leaving local self-government agencies a fairly narrow amount of real power, the development tendencies of such a state will be mostly negative. ","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47643730","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.12
V. Galagan, S. Ablamskyi, Zhanna V. Udovenko, Victoria V. Ablamska
The article is devoted to the topical issue of judicial control over non-interference in the private (personal and family) life of participants in criminal proceedings. The study was conducted in the context of the analysis of the practice of the ECHR, the legal positions of which should be consistently applied in criminal proceedings, evidence of this are the legal requirements on this issue. The notion and concept of judicial control is a necessity component that helps in guaranteeing the respect of human dignity and integrity. It is a common and established principle that, during the pre-trial process, it is the position of those ensuring justice in making sure that the life of persons is respected and safeguarded. It is noted that in accordance with the national legislation of Ukraine, judicial control is a separate function of the court's activities at the stage of pre-trial investigation, directly carried out by the investigating judge. The situation will become precarious and detrimental when the private life of persons is not respected to the fullest. Therefore, it is the responsibility of those ensuring public order during the pre-trial investigation phase in ensuring the respect of the private life of the presumed suspect for the proper implementation of the justice process. In ensuring this right, it is established that the empirical and analytical methods of research are necessary in order to show the effective role played by the European Court of Human Rights in respecting the right to private life during the interrogative phase of inquiry. From the findings, it is seen that, though the Court has played a prominent and pertinent role in the respect of private, the suspect continues in experiencing difficulties when it's private life is at at stake, and it always affects the extent of the justice system.
{"title":"Judicial Control as a Guarantee of Non-Interference in Private Life During the Pretrial Investigation","authors":"V. Galagan, S. Ablamskyi, Zhanna V. Udovenko, Victoria V. Ablamska","doi":"10.16925/2357-5891.2021.02.12","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.12","url":null,"abstract":"The article is devoted to the topical issue of judicial control over non-interference in the private (personal and family) life of participants in criminal proceedings. The study was conducted in the context of the analysis of the practice of the ECHR, the legal positions of which should be consistently applied in criminal proceedings, evidence of this are the legal requirements on this issue. The notion and concept of judicial control is a necessity component that helps in guaranteeing the respect of human dignity and integrity. It is a common and established principle that, during the pre-trial process, it is the position of those ensuring justice in making sure that the life of persons is respected and safeguarded. It is noted that in accordance with the national legislation of Ukraine, judicial control is a separate function of the court's activities at the stage of pre-trial investigation, directly carried out by the investigating judge. The situation will become precarious and detrimental when the private life of persons is not respected to the fullest. \u0000Therefore, it is the responsibility of those ensuring public order during the pre-trial investigation phase in ensuring the respect of the private life of the presumed suspect for the proper implementation of the justice process. In ensuring this right, it is established that the empirical and analytical methods of research are necessary in order to show the effective role played by the European Court of Human Rights in respecting the right to private life during the interrogative phase of inquiry. From the findings, it is seen that, though the Court has played a prominent and pertinent role in the respect of private, the suspect continues in experiencing difficulties when it's private life is at at stake, and it always affects the extent of the justice system.","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48856699","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.07
O. Bezpalova, Tatiana Anatoliivna Kobzieva, Volodymyr Valeriiovych Korniienko, Ivan Vasylovych Kritsak
Issues of police control and involvement are of great essence when aspects of administrative law are revealed. The issue here is that there is no way or instances where the legitimate protection of individual rights and freedom can be guaranteed without the presence of the police in ensuring that rights are protected through the respect of the rule of law. The only way this protection can be maintained is only through the operation or application of administrative law. When dealing with the concept of police law, emphasis is laid on the responsibilities this law enforcement agencies have when dealing with matters related to state security, protection of individual living in a given society, and to a certain extent, the entire public. There is no doubt that it is the role of the police to maintain peace and security within a given society, but the question we should be posing is whether their functions performed are done within the confines of respecting fundamental human rights, following the due process of the law being the fundamental and imperative basis or essence of administrative law. One thing is to ensure security, and the other one is to ensure that when enforcing this security, fundamental freedoms and rights of individuals will be respected by the supposed called law enforcement officers. It is therefore in this light that one can say, without any questioning, that under no circumstances should police law function without the intervention of administrative law, both most compliment each other, and activities of the police must be done in strict respect and compliance with that of administrative law.
{"title":"The Police law within the system of administrative law.","authors":"O. Bezpalova, Tatiana Anatoliivna Kobzieva, Volodymyr Valeriiovych Korniienko, Ivan Vasylovych Kritsak","doi":"10.16925/2357-5891.2021.02.07","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.07","url":null,"abstract":"Issues of police control and involvement are of great essence when aspects of administrative law are revealed. The issue here is that there is no way or instances where the legitimate protection of individual rights and freedom can be guaranteed without the presence of the police in ensuring that rights are protected through the respect of the rule of law. The only way this protection can be maintained is only through the operation or application of administrative law. When dealing with the concept of police law, emphasis is laid on the responsibilities this law enforcement agencies have when dealing with matters related to state security, protection of individual living in a given society, and to a certain extent, the entire public. There is no doubt that it is the role of the police to maintain peace and security within a given society, but the question we should be posing is whether their functions performed are done within the confines of respecting fundamental human rights, following the due process of the law being the fundamental and imperative basis or essence of administrative law. One thing is to ensure security, and the other one is to ensure that when enforcing this security, fundamental freedoms and rights of individuals will be respected by the supposed called law enforcement officers. It is therefore in this light that one can say, without any questioning, that under no circumstances should police law function without the intervention of administrative law, both most compliment each other, and activities of the police must be done in strict respect and compliance with that of administrative law. ","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44125166","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 : 2021-07-06DOI: 10.16925/2357-5891.2021.02.02
V. Babanina
The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.
{"title":"Features of Measures to Prevent Fraud Committed by Women: the Experience of Ukraine, the EU Countries and the United States","authors":"V. Babanina","doi":"10.16925/2357-5891.2021.02.02","DOIUrl":"https://doi.org/10.16925/2357-5891.2021.02.02","url":null,"abstract":"The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.","PeriodicalId":40362,"journal":{"name":"Dixi","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48652043","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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