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Practices for increasing the level of publicity and transparency of Ukrainian local budgets 提高乌克兰地方预算的公开程度和透明度的做法
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-65-72
N. Miedviedkova, Anna Karpych
Abstract. Publicity and transparency of local budgets promotes dialogue between local governments and citizens, which, in turn, increases citizens' trust in government. By ensuring these two principles of the budget system, it is possible to improve the quality of public services and increase the efficiency of budget process management. Ukraine is currently undergoing a number of reforms (including in the public finance system), which are demonstrating some positive results. Changes may be noted in increasing the level of publicity and transparency of local budgets in Ukraine. The purpose of the article is to review key practices that contribute to the publicity and transparency of local budgets, as well as provide recommendations for their further application and improvement. This goal led to the implementation of the following research objectives: (1) to find out the place of publicity and transparency in the system of public finances of Ukraine; (2) to review the leading practices used in Ukraine today; (3) to suggest new practices based on foreign experience in order to increase the level of publicity and transparency of local budgets. The methods used include analysis of secondary data resources, mainly academic literature and analytical reports. The obtained results lead the authors to demonstrate that Ukraine is currently undergoing processes that have a positive impact on increasing the degree of publicity and transparency of local budgets and the public finance system in general. An overview of some of the main practices already used in Ukraine allowed authors to draw conclusions about the sufficient level of publicity and transparency of local budgets. The use of participatory and gender-oriented budgeting, as well as the possibility of further implementation in the future of participatory audit and online tools to consult the public on budget issues, will help increase the level of publicity and transparency of local budgets in Ukraine. A promising direction for further research may be the study of foreign practices along with the assessment of the potential for their implementation in Ukraine. The paper may be useful for practitioners working within the public sector and dealing with budgeting as well as researchers who focus on local budgets and their transparency. Key words: publicity, openness, local budgets, participatory budgeting, gender oriented budgeting, transparency, participatory audit, Ukraine.
摘要地方预算的公开和透明促进了地方政府和公民之间的对话,这反过来又增加了公民对政府的信任。通过确保预算制度的这两项原则,就有可能提高公共服务的质量,提高预算过程管理的效率。乌克兰目前正在进行一些改革(包括在公共财政制度方面),这些改革正在显示出一些积极的成果。在提高乌克兰地方预算的公开程度和透明度方面可能会注意到一些变化。本文的目的是回顾有助于地方预算公开和透明度的关键做法,并为其进一步应用和改进提供建议。这一目标导致了以下研究目标的实施:(1)找出公开性和透明度在乌克兰公共财政体系中的地位;(2)审查乌克兰目前使用的主要做法;(3)借鉴国外经验,提出新做法,提高地方预算的公共性和透明度。使用的方法包括分析二手数据资源,主要是学术文献和分析报告。获得的结果使作者证明,乌克兰目前正在进行的进程对提高地方预算和一般公共财政系统的公开程度和透明度具有积极影响。对乌克兰已经采用的一些主要做法的概述使作者能够得出关于地方预算的充分宣传和透明度的结论。参与式预算和性别取向预算的使用,以及未来可能进一步实施参与式审计和在线工具,就预算问题征求公众意见,将有助于提高乌克兰地方预算的宣传水平和透明度。进一步研究的一个有希望的方向可能是研究外国的做法,同时评估在乌克兰实施这些做法的潜力。这篇论文可能对在公共部门工作和处理预算的从业人员以及关注地方预算及其透明度的研究人员有用。关键词:公开、公开、地方预算、参与式预算、性别预算、透明度、参与式审计、乌克兰
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引用次数: 0
Ukrainian national statehood and state legal tradition: methodological approaches to research 乌克兰民族国家地位和国家法律传统:研究的方法论方法
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-195-200
I. Terlyuk
Abstract. The methodological approaches of research of the scientific problem of the Ukrainian national statehood and state-legal tradition are covered. It is emphasized that the tool for studying various aspects of the subject of research should be the application of the achievements of several mutually complementary scientific approaches to civilization, frontier and synergetic. In the context of the first, in particular, it is emphasized that the Eurocentric orientation of all modernist versions of the emergence of the nation. Our own understanding of the Eurocentrism of nations as a phenomenon that embodies a purely European tradition and means a certain typological and conceptual similarity of the values that were the basis for the evolution of European nations is proposed. Key words: methodology of legal science, methodological approaches in historical and legal scientific research.
摘要研究乌克兰民族国家地位和国家法律传统的科学问题的方法论方法。强调研究课题的各个方面的工具应该是应用几种相辅相成的科学方法的成果,以文明、前沿和协同。特别是在第一种语境下,它强调了欧洲中心主义取向的所有现代主义版本的民族的出现。我们自己对国家的欧洲中心主义的理解是,它体现了一种纯粹的欧洲传统,意味着某种类型和概念上的价值观的相似性,而这些价值观是欧洲国家演变的基础。关键词:法学方法论,历史法学研究的方法论方法。
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引用次数: 0
The need to assess the effectiveness of the implementation of budget programs in the field of education and science 评估教育和科学领域预算方案执行效果的必要性
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-48-55
O. Riabchuk, V. Vyhivska
Abstract. The article is devoted to the study of the problems of the effectiveness of the use of budget funds for the development of education and science in Ukraine. Every day entails changes, the appearance of something new. All humanity must respond correctly to the challenges that are part of life. In order to be able to solve problems and develop, it is necessary to improve the field of education and science. Education and science are among the main components on the way to a successful state. Therefore, the issue of the effectiveness of spending funds aimed at financing the field of education and science is extremely relevant. The article substantiated the need to develop and improve the sphere of education and science as one of the main components on the way to a successful state, proved the importance of assessing the effectiveness of budget programs in this area. In the context of the steady growth of public spending, which is observed today around the world, an important question arises about obtaining the desired effect as a result of the use of budget funds. The targeted and effective use of funds in the field of education and science is subject to mandatory inspections by state regulatory authorities. Unfortunately, in practical activities there are cases of illegal, inefficient and inappropriate use of budget funds. In this case, the state financial audit of budget programs appears as an important tool for increasing the efficiency of the use of budget funds in the process of implementation of budget programs in the field of education and science. The article investigates the role of the state financial audit of the implementation of budget programs as an important tool for improving the efficiency of the use of budget funds. The main advantages of evaluating the effectiveness of the implementation of budget programs, which is carried out at all stages of the budget process and provides for measures to monitor, analyze and control the targeted and effective use of budget funds, are given. The results of the state financial audit of the implementation of budget programs by the National Academy of Sciences of Ukraine were studied and conclusions were drawn about the failure to reach certain effective indicators of budget programs, the existence of a number of factors that do not contribute to the effective and rational use of budget funds in the field of education and science. Key words: state financial audit, education, science, budget program, efficiency, budget funds.
摘要本文致力于研究预算资金用于乌克兰教育和科学发展的有效性问题。每天都有变化,新事物的出现。全人类必须对作为生活一部分的挑战作出正确的反应。为了能够解决问题和发展,有必要改善教育和科学领域。教育和科学是通往成功之路的主要组成部分。因此,用于资助教育和科学领域的支出基金的有效性问题是极其相关的。文章论证了发展和完善教育科学领域是国家成功之路的重要组成部分之一,论证了评估这一领域预算方案有效性的重要性。在当今世界各地公共开支稳步增长的背景下,出现了一个重要的问题,即如何通过使用预算资金获得预期的效果。教育和科学领域资金的定向和有效使用受到国家监管部门的强制性检查。不幸的是,在实际活动中存在非法、低效和不适当使用预算资金的情况。在这种情况下,在教育科学领域预算方案的实施过程中,预算方案的国家财务审计就成为提高预算资金使用效率的重要工具。本文探讨了国家财政审计作为提高预算资金使用效率的重要工具在预算方案执行中的作用。评估预算方案执行效果的主要优点是在预算过程的各个阶段进行,并提供监测、分析和控制预算资金的有针对性和有效使用的措施。乌克兰国家科学院对预算方案执行情况的国家财务审计结果进行了研究,得出的结论是未能达到预算方案的某些有效指标,存在一些因素,这些因素无助于有效和合理地使用教育和科学领域的预算资金。关键词:国家财务审计,教育,科学,预算方案,效率,预算资金
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引用次数: 0
Introduction of electric transport as a way to fight against pollution of the environment 引进电力运输作为对抗环境污染的一种方式
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-168-176
N. Maksymenko, Irina USHAKOVA-KIRPACH
Abstract. The purpose of the study is to conduct an analytical and legal analysis of the government program for a gradual transition to road transport to an environmentally friendly form with a gradual abandonment of cars with an internal combustion engine. The research methods are the analysis of the draft government program for the promotion of clean and energy-efficient equipment for road transport, executed on the basis of a generalization of the positions of legal scholars and ecologists regarding the level of environmental pollution in connection with the increase in emissions of harmful substances into the atmosphere and the invention of the ways to minimize the impact on the environment. The results of the study showed that the author carries out a legal analysis of the introduction by European countries of government subsidiary programs focusing on the use of environmentally friendly vehicles by the people. As part of strengthening the politically safe convergence between Ukraine and the European Union regarding the promotion of clean and energy efficient vehicles, the Government of Ukraine has initiated a corresponding government program, which includes a ban on the use of used cars with a diesel internal combustion engine from 01/01/2027, and from 01/01/2030 � a ban on the use of new vehicles with a diesel internal combustion engine, as well as used and new vehicles with a gasoline internal combustion engine. The result of the study is the author's identification of a number of shortcomings that arise from the draft state program for the promotion of clean and energy-efficient vehicles for road transport, and require immediate elimination before the start of its implementation. Key words: environment, atmospheric air, emissions of pollutants, environmentally friendly transport, government subsidies, electric transport, emission quotas, internal combustion engine.
摘要这项研究的目的是对政府计划进行分析和法律分析,以逐步过渡到公路运输到环境友好的形式,逐步放弃内燃机汽车。研究方法是根据法律学者和生态学家对有害物质排放到大气中所造成的环境污染程度的观点的概括,以及对减少对环境影响的方法的发明,对促进道路运输清洁和节能设备的政府计划草案进行分析。研究结果表明,作者对欧洲国家推出的政府补贴计划进行了法律分析,重点是人们使用环保汽车。作为加强乌克兰与欧盟在促进清洁和节能汽车方面的政治安全趋同的一部分,乌克兰政府已启动相应的政府计划,其中包括从2027年1月1日起禁止使用柴油内燃机的二手车,并从2030年1月1日起禁止使用柴油内燃机的新车。以及使用汽油内燃机的旧车和新车。这项研究的结果是,作者指出了促进道路运输清洁和节能车辆的国家计划草案中出现的一些缺点,这些缺点需要在开始实施之前立即消除。关键词:环境,大气,污染物排放,环保交通,政府补贴,电动交通,排放配额,内燃机。
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引用次数: 0
Constitutional and legal basis of ensuring information security in Ukraine 确保乌克兰信息安全的宪法和法律基础
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-209-215
O. Shevchuk
Abstract. It is substantiated that information security is considered on the same level with such integral features of statehood as sovereignty and territorial integrity. The information sphere is referred to in other articles of the Basic Law, in particular, Art. Art. 31 32, 34, 50 in the context of providing constitutional guarantees of the right to secrecy of correspondence, telephone conversations, telegraph and other correspondence; protection from invasion of privacy; protection against illegal dissemination of confidential information, judicial protection of the right to refute inaccurate information and the right to demand its seizure in this regard; the right to freely collect, store, use and disseminate information orally, in writing or otherwise ? at their discretion; the right to free access to information on the state of the environment, the quality of food and household items, as well as the right to disseminate it. It is established that the Constitution of Ukraine has become the main legal basis for further rule-making in the information sphere. However, this rule-making, along with certain positives in the development of the information field, freedom and protection of information, has not shown the necessary effectiveness in the information war. The main thing is that this rule-making did not ensure the implementation of Art. 17 of the Constitution, which places information security among several important functions of the state, such as the protection of sovereignty and territorial integrity. Accordingly, the failure to ensure information security has led to the loss of part of the sovereignty and territorial integrity of our state The purpose of the article is to study some constitutional forms of implementation of the state information security policy of Ukraine. The author concludes that in general, despite some disorder, inconsistency and inconsistency of Ukrainian legislation in the information sphere, the information legislation of Ukraine in recent years has been revised and transformed by new challenges and threats in the face of military aggression. Certain legal acts have been adopted for a short period and expire in 2020. Therefore, given the fact that Ukraine is in a state of hybrid war, in which information security is the most attacked and, at the same time, the most vulnerable, there is an objective need to develop a basic law - the Information Code, which would include a separate section on information security or adoption of a special Law of Ukraine "On Information Security of Ukraine", which will be able to regulate the basic principles of state policy aimed at protecting the information security of man, society and the state from external and internal threats Key words: information security, access to information, transparency, e-government, government agencies, official information.
摘要事实证明,信息安全与主权、领土完整等国家的整体特征被视为同一层面。《基本法》的其他条文,特别是《基本法》第二条,也提到了信息领域。第31条、第32条、第34条和第50条在对通信、电话交谈、电报和其他通信的保密权利提供宪法保障方面;保护隐私免受侵犯;防止非法传播保密信息的保护,对驳斥不准确信息的权利和要求查封不准确信息的权利的司法保护;以口头、书面或其他方式自由收集、储存、使用和传播信息的权利?自由裁量;自由获得关于环境状况、食品和家庭用品质量的信息的权利,以及传播这些信息的权利。可以确定的是,乌克兰宪法已成为信息领域进一步制定规则的主要法律基础。然而,这一规则制定虽然在信息领域的发展、信息自由和信息保护方面具有一定的积极作用,但在信息战中并没有显示出必要的有效性。最主要的是,这种规则制定并没有确保宪法第17条的实施,该条将信息安全置于保护主权和领土完整等几项重要国家职能之中。因此,信息安全保障的失败导致了我国部分主权和领土完整的丧失。本文的目的是研究乌克兰国家信息安全政策实施的一些宪法形式。笔者认为,总的来说,尽管乌克兰在信息领域的立法存在一些混乱、不一致和不一致的地方,但面对军事侵略的新挑战和新威胁,近年来乌克兰的信息立法得到了修订和转变。一些法律法案已被短期采纳,并将于2020年到期。因此,考虑到乌克兰的混合战争,信息安全是最攻击,同时,最脆弱的,有客观需要开发一个基本的法律——代码的信息,包括一个单独的部分信息安全或采用一种特殊的法律乌克兰乌克兰的“信息安全”,它能够调节国家政策的基本原则旨在保护信息安全的男人,关键词:信息安全,信息获取,透明度,电子政务,政府机构,官方信息。
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引用次数: 0
International legal regulation of air transport of passengers 航空旅客运输的国际法律规定
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-177-184
L. Moshnyaga
Abstract. Objective (research objective). The purpose � on the basis of the analysis of results of general theoretical and branch researches, normative-legal base on a research subject to define problems of regulation of the international air transportations of passengers and ways of improvement of the legislation. Methods.The main methods are used, including the following: comparative law method, method of deduction and induction, method of system analysis. Results. In general, summarizing the above, we can conclude that the national legislation of Ukraine, which provides for the legal regulation of international air transport of passengers still needs to be improved. In particular, solutions at the legislative level require problems of imperfect legal regulation of the safety mechanism, as well as the inconsistency of information safety in modern conditions, which complicates the timely decision-making to prevent emergencies. Scientific novelty. In particular, solutions at the legislative level require problems of imperfect legal regulation of the safety mechanism, as well as the inconsistency of information safety in modern conditions, which complicates the timely decision-making to prevent emergencies. First of all, it is necessary to create a single center for collecting and analyzing events in civil aviation, which will allow to make the optimal decision in case of an incident or an act of illegal intervention. Practical significance. First of all, it is necessary to establish a single center for collection and analysis of events in civil aviation, which will allow to make the optimal decision in case of an incident or an act of illegal intervention. which "ways to solve existing problems in the field of aviation safety are: - implementation of state policy in the field of aviation safety, taking into account the State Program of Aviation Safety of Civil Aviation, approved by the Law of Ukraine of March 21, 2017 � 1965-VIII, its implementation by aviation entities in accordance with Annex 17 to the Convention on International Civil Aviation; - the establishment of a single center for the collection and analysis of events in civil aviation to make the best decision in the event of an incident or an act of unlawful interference. Key words: international air transportation, passenger safety, safety of aircraft use, international agreements, national legislation, international law, ways to improve domestic legislation in the field of air passenger transport, main sources of regulation of activities in the field of air passenger transportation.
摘要目的(研究目的)。目的是在对一般理论和分支研究成果进行分析的基础上,在一个研究课题的基础上,对国际航空旅客运输规制存在的问题和完善立法的途径进行界定。方法。运用的主要方法有:比较法、演绎归纳法、系统分析法。结果。总的来说,综上所述,我们可以得出结论,乌克兰的国家立法,对国际航空旅客运输的法律规制仍然需要改进。特别是在立法层面的解决方案,需要安全机制的法律规制不完善,以及现代条件下信息安全的不一致性等问题,这使得及时决策以预防突发事件变得复杂。科学的新奇。特别是在立法层面的解决方案,需要安全机制的法律规制不完善,以及现代条件下信息安全的不一致性等问题,这使得及时决策以预防突发事件变得复杂。首先,有必要建立一个收集和分析民用航空事件的单一中心,以便在发生事件或非法干预行为时做出最佳决策。现实意义。首先,有必要建立一个单一的收集和分析民航事件的中心,以便在发生事件或非法干预行为时做出最佳决策。“解决航空安全领域存在问题的途径是:-考虑到2017年3月21日- 1965-VIII乌克兰法律批准的民用航空航空安全国家计划,执行航空安全领域的国家政策,航空实体根据《国际民用航空公约》附件17执行该计划;-建立一个收集和分析民用航空事件的单一中心,以便在发生事件或非法干扰行为时作出最佳决定。关键词:国际航空运输,旅客安全,航空器使用安全,国际协定,国家立法,国际法,完善航空客运领域国内立法的途径,航空客运领域活动监管的主要来源
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引用次数: 0
Government financial control: problems and prospective areas of improvement 政府财政管理:存在的问题和有待改进的领域
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-42-47
Maxym Ostapenko
Objective. Research of theoretical bases of problem questions and perspective directions of improvement of the state financial control. Methods. To achieve this goal, the authors performed the following tasks, explored the essence of public financial control, analyzed the main problems of the supervisory authorities, suggested possible ways to improve the system of public financial control in Ukraine Results. It is revealed that the efficiency of public financial control systems is affected by the smallest transformations that occur in the field of control. It is established that such transformations lead to changes in the mechanism of public financial control, importance. Scientific novelty. It is determined that now the state needs to focus on such areas of public financial control as development of control standards, improvement of the legal framework, which should correspond to the current situation and a common methodology of state control, as well as efforts to develop information technologies. information space of control activity. Practical significance. The expediency to focus on solving a number of problematic issues that hinder the development of the financial control system in the country or have a negative impact on it is substantiated. In particular, it is first of all necessary to monitor the real possibility of ensuring effective control over the management and use of state (local) resources at the central, regional and local levels by relevant state bodies exercising such control and identifying legislative and administrative problems. Key words: budget process, budget legislation, control, financial control, state financial control, state financial control, internal financial control, system of state financial control bodies.
目标。问题、问题的理论基础与改进国家财政管理的展望方向研究。方法。为实现这一目标,笔者开展了以下工作,探讨了公共财政控制的本质,分析了监管机构存在的主要问题,提出了完善乌克兰公共财政控制体系的可能途径。结果表明,公共财政控制系统的效率受到控制领域发生的最小变化的影响。可以确定,这种转变导致公共财政控制机制的变化,其重要性。科学的新奇。确定当前国家在公共财政管理方面需要重点关注制定管理标准、完善法律框架等方面,这些方面应符合当前形势和国家管理的通用方法,并努力发展信息技术。控制活动的信息空间。现实意义。事实证明,集中解决一些阻碍该国财政管制制度发展或对其产生消极影响的问题是权宜之计。特别是,首先必须监测行使这种控制并查明立法和行政问题的有关国家机构在中央、区域和地方各级确保对国家(地方)资源的管理和使用进行有效控制的实际可能性。关键词:预算程序,预算立法,控制,财务控制,国家财务控制,国家财务控制,内部财务控制,国家财务控制主体制度
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引用次数: 0
The problems and prospects of authorization of accounting at the enterprise 企业会计授权存在的问题及展望
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-29-35
A. Lisoviy, K. Kovalevska
Objective. The purpose of the article is to identify and explore the problems and prospects for the introduction of information technology for automation of accounting in the enterprise. Methods. To achieve this goal, the authors used a systematic approach, methods of analysis, synthesis and comparative legal method. Results. International Financial Reporting Standards require the harmonious operation of the accounting system. To achieve this, the modern Ukrainian accounting system must become automated. This transition will make accounting as efficient as possible and greatly simplify it. The article analyzes the problems and prospects for the introduction of information technology for automation of accounting in the enterprise, namely: blockchain, artificial intelligence and cloud technologies. These programs help solve complex accounting transactions, as well as create online offices with certain centralized repositories of primary and reporting documentation. The introduction of automated accounting also has a number of problems: frequent amendments to the acts establishing standards for reporting, accounting and taxation, quality assurance of risk management and insufficient number of specialists and data transfer to the new system with minimal costs for their introduction. The article offers solutions to these and other problems. The article also emphasizes that the introduction of automated accounting in modern enterprises of Ukraine has prospects and will ensure their further development. Scientific novelty. The author substantiate that accounting automation programs will make accounting more efficient, transparent, reduce its complexity and ensure further development of the enterprise. Practical significance. The proposed programs and ways to avoid possible problems in accounting automation are aimed at supporting the interests of business owners, their employees and the state. Key words: Accounting, automation, information technology, programs, cloud technologies, blockchain, artificial intelligence, technological ways.
目标。本文的目的是识别和探讨企业引入信息技术实现会计自动化的问题和前景。方法。为达到这一目的,作者采用了系统的研究方法、分析法、综合法和比较法。结果。国际财务报告准则要求会计制度和谐运行。为了实现这一目标,现代乌克兰会计系统必须实现自动化。这种转变将使会计尽可能高效,并大大简化它。文章分析了企业引入信息技术实现会计自动化的问题和前景,即:区块链、人工智能和云技术。这些程序有助于解决复杂的会计交易,以及创建具有某些主要和报告文档集中存储库的在线办公室。采用自动会计也有一些问题:经常修订制定报告、会计和税务标准的法令、风险管理的质量保证、专家人数不足以及以最低成本将数据转移到新系统。本文为这些问题和其他问题提供了解决方案。文章还强调,在乌克兰现代企业中引入自动化会计是有前景的,将确保其进一步发展。科学的新奇。会计自动化程序将使会计更加高效、透明,降低其复杂性,保证企业的进一步发展。现实意义。为避免会计自动化可能出现的问题而提出的方案和方法旨在维护企业主、其雇员和国家的利益。关键词:会计,自动化,信息技术,程序,云技术,区块链,人工智能,技术途径。
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引用次数: 0
Legal regulation of public-private partnership's principles implementation 公私合作原则实施的法律规制
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-201-208
Yevhen Chornyi
The relevance of research The article is devoted to the study of current problem of the lack of several legislative acts regarding regulation of public-private partnership and concession as the form of public-private partnership. The study is based on searching and analysis of international practice of public-private partnership principles. Author analyzed national scientists' positions on this issue, as well as recommendations of European Economic Commission about improvement of regulation of public-private partnership, enhancement of its effectiveness, implementation of new principles and legal models. At the meantime, it was analyzed the international financial organizations' policies, namely policy of European Bank of Reconstruction and Development in respect of existing approaches to public-private partnership and financing as well as consulting in transport sector in general. Author identified lack of regulation of some principles of public-private partnership and conditions of its implementation. The purpose of the article is to review the scientific approaches of studying the principles of legal regulation of public-private partnership and outline the problematic issues of harmonious development of relations between participants of public-private partnerships. The results of the research This article demonstrates draft laws, which can become a trigger of a lot of projects in the spheres of public-private partnership and concession as its form. At the same time, the settlement of many issues by adopting the existing draft laws at the time of writing of this article is insufficient. Thus, the article covers issues and principles that require additional legislative regulation to improve the investment attractiveness of public-private partnerships in the transport sector in general. The author concludes that it is necessary to implement several principles, which are established in the practice of other countries, and should be implemented in the national legislation on public-private partnerships and concessions. Such principles should include the principle of transperancy, the principle of "fair conduct", the principle of accountability, the principle of sustainable development, the principle of long-term budget planning of the public partner. It is also noted that in the absence of regulation of these principles and conditions for their implementation, there are practical problems with the implementation of public-private partnership projects, namely the financing by private partners of public-private partnership projects and the guarantee issued by financial institutions of the risks assigned to a private partner. Key words: public-private partnerships, concessions, principles, budget planning, accountability, tranperancy, sustainable development.
研究的相关性本文主要研究我国现行立法缺乏对公私合营和特许权作为公私合营形式进行规制的问题。本研究是在对公私合作原则的国际实践进行梳理和分析的基础上进行的。作者分析了各国科学家在这一问题上的立场,以及欧洲经济委员会关于完善公私伙伴关系监管、提高其有效性、实施新的原则和法律模式的建议。同时,分析了国际金融组织的政策,即欧洲复兴开发银行关于一般运输部门公私伙伴关系和筹资以及咨询的现有办法的政策。作者指出,公私伙伴关系的一些原则及其实施条件缺乏监管。本文旨在回顾研究公私伙伴关系法律规制原则的科学方法,并概述公私伙伴关系参与者之间关系和谐发展的问题。本文的研究结果表明,法律草案可以成为许多项目的触发器在公私合作领域和特许权作为其形式。同时,在撰写本文时,通过现行法律草案解决许多问题是不够的。因此,该条涉及的问题和原则需要额外的立法条例,以改善一般运输部门公私伙伴关系的投资吸引力。笔者认为,在我国的公私合作与特许权立法中,有必要落实在其他国家实践中确立的若干原则。这些原则应包括透明原则、“公平行为”原则、问责原则、可持续发展原则、公共伙伴长期预算规划原则。还指出,由于缺乏对这些原则及其实施条件的规定,在实施公私伙伴关系项目方面存在实际问题,即公私伙伴关系项目的私人伙伴融资和金融机构为分配给私人伙伴的风险提供担保。关键词:公私伙伴关系,特许权,原则,预算规划,问责制,透明度,可持续发展。
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引用次数: 0
Regarding the content, structure and concept of evidence collection in criminal proceedings: procedural and criminalistics aspects 论刑事诉讼中证据收集的内容、结构和概念:程序学和刑法学
Pub Date : 2021-12-21 DOI: 10.33251/2707-8620-2021-5-156-162
A. Holubov
Abstract. The purpose of the conducted research is to clarify the content, role and structure of collecting activities. Despite the fact that these issues were covered in a number of scientific papers, but there was still no unity of positions on them in the legal literature. The research methods are to generalize the positions of legal scholars on the essence of collecting evidence, its structure and components, as well as the analysis of practical activities on collecting evidence, which is regulated by the Criminal Procedural Code of Ukraine. The results of the research are that the collection of evidence in criminal proceedings should be considered as a separate and independent element of criminal procedural activity on proving. It has been established that the collection of evidence is carried out in a procedural form (clearly defined procedure and methods of implementation) due to the accomplishment by the subjects of proving (prosecution and defense parties) of the relevant actions. The structure of the activity on collecting evidence has been offered to include actions on detecting and recording, demanding and obtaining and preserving evidence. It has been determined that the collection of evidence contributes to the fulfillment of the tasks of criminal proceedings due to the creation of conditions for the formation of a sufficient set of relevant, admissible and reliable evidence. The author of the article has paid attention to the fact that different approaches � "procedural" (the emphasis on procedural manifestations of this activity, subjects of proving, regulation by the norms of procedural law) and "forensic" (the emphasis on practical actions � elements of collecting evidence) are used in the science of criminal procedure and criminalistics science while defining the concept of "collection of evidence". Although, both approaches are somewhat different from each other, they describe the same phenomenon. Therefore, it is advisable to combine these approaches in order to understand the collection of evidence from the methodological point of view. The results of the research facilitate to specify theoretical structure of collecting evidence within criminal proceedings as a separate element of proving. Proper, clear and comprehensive legal regulation of the content of actions on collecting evidence will contribute to the further development of criminal judicial proceedings in Ukraine as an effective mean of protecting individuals, society and the state from criminal offenses. Key words: criminal procedure, proving, detention of evidence, evidence recording, obtaining evidence, evidence preservation, collection of evidence, evidence, tasks of criminal proceedings.
摘要进行研究的目的是澄清收集活动的内容、作用和结构。尽管这些问题在许多科学论文中都有涉及,但在法律文献中仍然没有统一的立场。研究方法是总结法律学者对证据收集的本质、证据收集的结构和组成部分的观点,以及对乌克兰刑事诉讼法规定的证据收集实践活动的分析。研究结果表明,刑事诉讼中的证据收集应被视为刑事诉讼举证活动的一个单独和独立的组成部分。已经确定的是,证据的收集是以程序形式(明确规定的程序和执行方法)进行的,因为证明主体(控方和辩方)完成了有关行动。提出了收集证据活动的结构,包括侦查和记录、索取和取得和保存证据的行动。已经确定,证据的收集有助于完成刑事诉讼的任务,因为它为形成一套充分的有关的、可接受的和可靠的证据创造了条件。本文作者在界定“证据收集”概念时,注意到刑事诉讼科学和刑法学采用了不同的方法——“程序性”(强调这一活动的程序表现形式、证明主体、程序法规范的规范)和“法医学”(强调实际行动——收集证据的要素)。虽然这两种方法彼此有些不同,但它们描述的是相同的现象。因此,为了从方法论的角度理解证据的收集,将这些方法结合起来是明智的。研究结果有助于明确刑事诉讼中作为单独证明要素的证据收集的理论结构。对收集证据行动的内容进行适当、明确和全面的法律规定,将有助于进一步发展乌克兰的刑事司法程序,使其成为保护个人、社会和国家免受刑事犯罪侵害的有效手段。关键词:刑事诉讼,证明,证据扣留,证据记录,证据获取,证据保全,证据收集,证据,刑事诉讼任务。
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引用次数: 0
期刊
Scientific Bulletin of Flight Academy. Section: Economics, Management and Law
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