Pub Date : 2023-05-01DOI: 10.36550/2522-9230-2023-14-6-12
Y. Duliba, V. Gryszko
{"title":"ACADEMIC INTEGRITY IN THE EDUCATIONAL AND SCIENTIFIC SPACE OF UKRAINE: SOCIAL CHALLENGES AND PROSPECTS FOR IMPROVEMENT","authors":"Y. Duliba, V. Gryszko","doi":"10.36550/2522-9230-2023-14-6-12","DOIUrl":"https://doi.org/10.36550/2522-9230-2023-14-6-12","url":null,"abstract":"","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128631944","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 : 2023-05-01DOI: 10.36550/2522-9230-2023-14-27-39
R. Skliarov, V. Shanaida, R. Redko, T. Chetverzhuk
{"title":"COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION IN THE FIELD OF SOFTWARE PROTECTION IN FRANCE, GERMANY AND UKRAINE","authors":"R. Skliarov, V. Shanaida, R. Redko, T. Chetverzhuk","doi":"10.36550/2522-9230-2023-14-27-39","DOIUrl":"https://doi.org/10.36550/2522-9230-2023-14-27-39","url":null,"abstract":"","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115832181","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-40-45
K. Troshkina
The purpose of the scientific research is a detailed analysis of the organization and activity of the national intellectual property body in European countries. The analysis of the European experience of intellectual property bodies is a necessary foundation for the Ukrainian mechanism in the context of the implementation of positive aspects and integration into the European environment. As a result of the conducted research, it was concluded that in such European countries as Great Britain, France, Germany, Spain and Poland, a single universal model of building national intellectual property bodies has not been developed; each state has a special system of intellectual property bodies; at the same time, despite the diversity of sub-departments and the organizational structure of the national intellectual property bodies of each of these countries, there are several common features - regulation by the national institutional law, sub-department to one of the governmental branch ministries, competitive selection of the staff (head and members, with their division into qualified members and experts).
{"title":"NATIONAL INTELLECTUAL PROPERTY AUTHORITY: FEATURES OF EUROPEAN FUNCTIONING PRACTICE","authors":"K. Troshkina","doi":"10.36550/2522-9230-2022-13-40-45","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-40-45","url":null,"abstract":"The purpose of the scientific research is a detailed analysis of the organization and activity of the national intellectual property body in European countries. The analysis of the European experience of intellectual property bodies is a necessary foundation for the Ukrainian mechanism in the context of the implementation of positive aspects and integration into the European environment. As a result of the conducted research, it was concluded that in such European countries as Great Britain, France, Germany, Spain and Poland, a single universal model of building national intellectual property bodies has not been developed; each state has a special system of intellectual property bodies; at the same time, despite the diversity of sub-departments and the organizational structure of the national intellectual property bodies of each of these countries, there are several common features - regulation by the national institutional law, sub-department to one of the governmental branch ministries, competitive selection of the staff (head and members, with their division into qualified members and experts).","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115464908","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-209-213
O. Mashynichenko
This article describes the administrative status of the head of the enterprise as an official. It is determined that an official is an employee of state bodies, enterprises, institutions, organizations of various forms of ownership, whose activity, for the purpose of implementing management functions, has a power-administrative nature and is aimed at organizing and ensuring the efficiency of the work of other persons. Whereas managers are a type of officials who are empowered with administrative authority in relation to a certain formally-organized team headed by them, who carry out internal organizational management of it. Unlike other officials, the head of the enterprise is a line manager. The specificity of the position of the head of the enterprise as part of the management apparatus allows to determine the economic and information levers of management. in a broad sense, it is appropriate to refer to the administration as the management apparatus of the enterprise: the highest level - the head of the enterprise, his deputies, heads of structural subdivisions of the centralized management apparatus; secondary - managers of structural divisions of the enterprise (productions, workshops); lower - shift chiefs, foremen, foremen. All of them, by the nature of their powers, are officials who have the right to make and organize the implementation of decisions binding on other employees of the enterprise. In a narrow sense, the administration of the enterprise consists of first-level managers who perform only managerial functions, while second- and third-level managers also perform production and economic functions. It is emphasized that the specificity of the position of the head of the enterprise as a type of official is seen in the fact that he carries out power and administrative activities within the enterprise and, in accordance with the above-mentioned social roles performed by the main organizational link of the industrial and economic sphere, acts simultaneously in three guises: as a representative of a legal entity, representative of a collective of employees, head of administration. This testifies to the complexity of his activity, it makes it possible to consider that the head of the enterprise operates in three different "planes", which, although interconnected, have significant differences.
{"title":"ADMINISTRATIVE STATUS OF THE HEAD OF THE ENTERPRISE AS AN OFFICIAL","authors":"O. Mashynichenko","doi":"10.36550/2522-9230-2022-13-209-213","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-209-213","url":null,"abstract":"This article describes the administrative status of the head of the enterprise as an official. It is determined that an official is an employee of state bodies, enterprises, institutions, organizations of various forms of ownership, whose activity, for the purpose of implementing management functions, has a power-administrative nature and is aimed at organizing and ensuring the efficiency of the work of other persons. Whereas managers are a type of officials who are empowered with administrative authority in relation to a certain formally-organized team headed by them, who carry out internal organizational management of it. Unlike other officials, the head of the enterprise is a line manager. The specificity of the position of the head of the enterprise as part of the management apparatus allows to determine the economic and information levers of management. in a broad sense, it is appropriate to refer to the administration as the management apparatus of the enterprise: the highest level - the head of the enterprise, his deputies, heads of structural subdivisions of the centralized management apparatus; secondary - managers of structural divisions of the enterprise (productions, workshops); lower - shift chiefs, foremen, foremen. All of them, by the nature of their powers, are officials who have the right to make and organize the implementation of decisions binding on other employees of the enterprise. In a narrow sense, the administration of the enterprise consists of first-level managers who perform only managerial functions, while second- and third-level managers also perform production and economic functions. It is emphasized that the specificity of the position of the head of the enterprise as a type of official is seen in the fact that he carries out power and administrative activities within the enterprise and, in accordance with the above-mentioned social roles performed by the main organizational link of the industrial and economic sphere, acts simultaneously in three guises: as a representative of a legal entity, representative of a collective of employees, head of administration. This testifies to the complexity of his activity, it makes it possible to consider that the head of the enterprise operates in three different \"planes\", which, although interconnected, have significant differences.","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"250 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116716715","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-195-199
O. Husar
The article examines the international legal instruments which form the basis of international cooperation of States in ensuring maritime security. Despite a fairly large volume of achievements of the international community in the field of legal regulation of maritime safety, the level of accidents in the world's maritime fleet and the harmful consequences for humanity and the environment is still very high. The negative consequences of large ship accidents extend not only to the direct participants of the maritime enterprise, the ship, its crew and passengers, and shipowners, but also pollute and cause damage to coastal countries and the population whose lives are endangered by maritime accidents. Maritime security is a component of state security, so strategic tasks and priorities for the development of the maritime industry should be defined in strategic documents at the national level of each world maritime country. The correlation between national maritime legislation and international maritime legislation is relevant for maritime security. It is noted that international legal regulation of maritime security is becoming increasingly important in the context of rapid economic development and development of the high-tech sector, when the size of ships increases, the intensity of navigation in many areas of the World Ocean increases significantly, and the number of maritime accidents and disasters increases. The author identifies the factors that influence the need to create a legal framework for the safety of maritime activities and minimize the negative consequences for humanity and the environment. The UN, the International Maritime Organization and other international governmental and non-governmental organizations cooperating with them play an important role in the adoption of international norms (conventions, agreements, rules, recommendations). The implementation of national legal measures to ensure maritime safety is possible provided that a system of state maritime security is established and that the maritime administration, as well as the activities of controlling and inspecting authorities, work together in a joint, effective manner.
{"title":"INTERNATIONAL LEGAL REGULATION OF MARITIME SAFETY","authors":"O. Husar","doi":"10.36550/2522-9230-2022-13-195-199","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-195-199","url":null,"abstract":"The article examines the international legal instruments which form the basis of international cooperation of States in ensuring maritime security. Despite a fairly large volume of achievements of the international community in the field of legal regulation of maritime safety, the level of accidents in the world's maritime fleet and the harmful consequences for humanity and the environment is still very high. The negative consequences of large ship accidents extend not only to the direct participants of the maritime enterprise, the ship, its crew and passengers, and shipowners, but also pollute and cause damage to coastal countries and the population whose lives are endangered by maritime accidents. Maritime security is a component of state security, so strategic tasks and priorities for the development of the maritime industry should be defined in strategic documents at the national level of each world maritime country. The correlation between national maritime legislation and international maritime legislation is relevant for maritime security. It is noted that international legal regulation of maritime security is becoming increasingly important in the context of rapid economic development and development of the high-tech sector, when the size of ships increases, the intensity of navigation in many areas of the World Ocean increases significantly, and the number of maritime accidents and disasters increases. The author identifies the factors that influence the need to create a legal framework for the safety of maritime activities and minimize the negative consequences for humanity and the environment. The UN, the International Maritime Organization and other international governmental and non-governmental organizations cooperating with them play an important role in the adoption of international norms (conventions, agreements, rules, recommendations). The implementation of national legal measures to ensure maritime safety is possible provided that a system of state maritime security is established and that the maritime administration, as well as the activities of controlling and inspecting authorities, work together in a joint, effective manner.","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129752821","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-161-166
М. Padalka
The article is devoted to issues of international responsibility. It was revealed that the problem of international legal responsibility of subjects of international law is closely related to the fight against international crimes. The main elements of the onset of international responsibility are defined. The existence of guilt as a mandatory feature for establishing responsibility has been clarified. The paper determines the possibility of applying the category of guilt to states. At the same time, aggression is defined in international law as the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other way incompatible with the Charter of the United Nations. This article analyzes international acts that establish a normative definition of aggression and determine certain aspects of responsibility for this crime. At the same time, the work clarifies the genesis of the international legal consolidation of the concept of aggression. The work indicates the signs of an act of aggression, as well as a list of actions that fall under this concept. The subject of this study should also include the analysis of international organizations that are empowered to prosecute for committing an act of aggression. It is argued in the study that the modern mechanism of prosecution for this crime is not effective enough, given the limited jurisdiction of the International Criminal Court. The imperfect procedure for imposing a veto by permanent members of the UN Security Council is also defined. Particular attention is paid to the characteristics of the experience of responsibility for the aggression of states. In view of the war of the Russian Federation against Ukraine, the search for ways to bring the aggressor state to justice is underway. The special importance of the UN Security Council regarding the introduction of military sanctions against the aggressor states has been clarified. The article substantiates the concept of state criminal responsibility for acts of aggression.
{"title":"CURRENT ISSUES OF THE PROBLEM OF BRINGING THE STATE TO INTERNATIONAL RESPONSIBILITY FOR COMMITTING AN ACT OF AGGRESSION","authors":"М. Padalka","doi":"10.36550/2522-9230-2022-13-161-166","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-161-166","url":null,"abstract":"The article is devoted to issues of international responsibility. It was revealed that the problem of international legal responsibility of subjects of international law is closely related to the fight against international crimes. The main elements of the onset of international responsibility are defined. The existence of guilt as a mandatory feature for establishing responsibility has been clarified. The paper determines the possibility of applying the category of guilt to states. At the same time, aggression is defined in international law as the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other way incompatible with the Charter of the United Nations. This article analyzes international acts that establish a normative definition of aggression and determine certain aspects of responsibility for this crime. At the same time, the work clarifies the genesis of the international legal consolidation of the concept of aggression. The work indicates the signs of an act of aggression, as well as a list of actions that fall under this concept. The subject of this study should also include the analysis of international organizations that are empowered to prosecute for committing an act of aggression. It is argued in the study that the modern mechanism of prosecution for this crime is not effective enough, given the limited jurisdiction of the International Criminal Court. The imperfect procedure for imposing a veto by permanent members of the UN Security Council is also defined. Particular attention is paid to the characteristics of the experience of responsibility for the aggression of states. In view of the war of the Russian Federation against Ukraine, the search for ways to bring the aggressor state to justice is underway. The special importance of the UN Security Council regarding the introduction of military sanctions against the aggressor states has been clarified. The article substantiates the concept of state criminal responsibility for acts of aggression.","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128731304","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-115-121
S. Pekarskyi
The article examines the theoretical and legal aspects of operational investigative measures to detect criminal offenses related to sources of ionizing radiation. Attention is focused on the threat to national security of finding sources of ionizing radiation beyond regulatory control under martial law conditions. A comparative analysis of the legal bases of the activities of the criminal police units of the National Police of Ukraine in the prevention of criminal offenses related to sources of ionizing radiation was performed. Attention is focused on the powers of the criminal police regarding the implementation of a complex of operative and investigative measures to counter the investigated criminal offenses. It has been established that among the criminal police units of the National Police of Ukraine, the Department of Ensuring Activities Related to Hazardous Materials is assigned the task of carrying out investigative measures to detect criminal offenses related to sources of ionizing radiation. It is noted that in order to ensure the personal safety of police officers and citizens, employees of criminal police units must undergo special training in advance and be provided with special equipment. This is a condition for the effectiveness of criminal police units in detecting criminal offenses related to sources of ionizing radiation. In addition, the effective organizational activity of the criminal police units for the detection of investigated criminal offenses requires interaction with the Security Service of Ukraine and the State Service for Emergency Situations. Taking into account the urgency of preventing the commission of criminal offenses related to sources of ionizing radiation for the national security of Ukraine, the feasibility of an additional study aimed at conceptualizing the organizational and tactical foundations of the implementation of operative and investigative measures, including covert, authorized subjects of various law enforcement agencies, is substantiated , which are part of the security and defense forces of Ukraine.
{"title":"OPERATIVE AND INVESTIGATIVE MEASURES OF CRIMINAL POLICE UNITS FOR THE DETECTION OF CRIMINAL OFFENSES RELATED TO SOURCES OF IONIZING RADIATION","authors":"S. Pekarskyi","doi":"10.36550/2522-9230-2022-13-115-121","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-115-121","url":null,"abstract":"The article examines the theoretical and legal aspects of operational investigative measures to detect criminal offenses related to sources of ionizing radiation. Attention is focused on the threat to national security of finding sources of ionizing radiation beyond regulatory control under martial law conditions. A comparative analysis of the legal bases of the activities of the criminal police units of the National Police of Ukraine in the prevention of criminal offenses related to sources of ionizing radiation was performed. Attention is focused on the powers of the criminal police regarding the implementation of a complex of operative and investigative measures to counter the investigated criminal offenses. It has been established that among the criminal police units of the National Police of Ukraine, the Department of Ensuring Activities Related to Hazardous Materials is assigned the task of carrying out investigative measures to detect criminal offenses related to sources of ionizing radiation. It is noted that in order to ensure the personal safety of police officers and citizens, employees of criminal police units must undergo special training in advance and be provided with special equipment. This is a condition for the effectiveness of criminal police units in detecting criminal offenses related to sources of ionizing radiation. In addition, the effective organizational activity of the criminal police units for the detection of investigated criminal offenses requires interaction with the Security Service of Ukraine and the State Service for Emergency Situations. Taking into account the urgency of preventing the commission of criminal offenses related to sources of ionizing radiation for the national security of Ukraine, the feasibility of an additional study aimed at conceptualizing the organizational and tactical foundations of the implementation of operative and investigative measures, including covert, authorized subjects of various law enforcement agencies, is substantiated , which are part of the security and defense forces of Ukraine.","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"2018 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126769079","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-6-9
O. Sereda, Y. Svichkaryova
The article examines the concept of deontology, deontological values and the essence of deontological principles of law enforcement activity in the context of legal science. It was established that deontology is a system of scientific knowledge about the duty and norms of proper professional behavior of specialists in their field of activity. It is emphasized that the moment of upbringing is connected with deontological values, in particular it is stated that one of the main needs of a person is safety in all spheres of his life, humane treatment and respectful attitude towards him during the administration of justice and legal protection, to which a person entrusts his "life ", realizing the dependence of their fate on their professionalism. The main deontological principles on which law enforcement activities are based are considered and defined, which include: respect, benevolence, justice, honesty, responsibility, control, and prudence. It is noted that the mechanism of deontological regulation of the behavior of law enforcement officers is a set of means of influence, namely legal and moral norms, principles, ideals, public opinion, authority, customs, traditions. The main aspects of the content of the deontological principles of law enforcement activity are defined and substantiated, in particular: psychological, professional-legal, social and aesthetic. It is noted that deontological principles in law enforcement activities are aimed at ensuring a high-quality, highly humane attitude towards people, the implementation of this task is possible thanks to professional and legal skills, comprehensive and deep knowledge of legal norms and the specifics of their practical implementation, a high normative culture, a high-quality level of legal thinking, optimal professional training, high moral qualities of a law enforcement officer.
{"title":"MAIN ASPECTS OF THE ETHICAL PRINCIPLES OF LAW ENFORCEMENT ACTIVITIES","authors":"O. Sereda, Y. Svichkaryova","doi":"10.36550/2522-9230-2022-13-6-9","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-6-9","url":null,"abstract":"The article examines the concept of deontology, deontological values and the essence of deontological principles of law enforcement activity in the context of legal science. It was established that deontology is a system of scientific knowledge about the duty and norms of proper professional behavior of specialists in their field of activity. It is emphasized that the moment of upbringing is connected with deontological values, in particular it is stated that one of the main needs of a person is safety in all spheres of his life, humane treatment and respectful attitude towards him during the administration of justice and legal protection, to which a person entrusts his \"life \", realizing the dependence of their fate on their professionalism. The main deontological principles on which law enforcement activities are based are considered and defined, which include: respect, benevolence, justice, honesty, responsibility, control, and prudence. It is noted that the mechanism of deontological regulation of the behavior of law enforcement officers is a set of means of influence, namely legal and moral norms, principles, ideals, public opinion, authority, customs, traditions. The main aspects of the content of the deontological principles of law enforcement activity are defined and substantiated, in particular: psychological, professional-legal, social and aesthetic. It is noted that deontological principles in law enforcement activities are aimed at ensuring a high-quality, highly humane attitude towards people, the implementation of this task is possible thanks to professional and legal skills, comprehensive and deep knowledge of legal norms and the specifics of their practical implementation, a high normative culture, a high-quality level of legal thinking, optimal professional training, high moral qualities of a law enforcement officer.","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114203470","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-186-190
G. Mulyar, O. Khovpun
The article examines the concept of "collaborative activity" and analyzes the changes made to the Criminal Code of Ukraine in terms of establishing criminal liability for collaborative activity. Considering the military situation throughout the territory of Ukraine, special attention should be paid to criminal liability for collaborative activities, because the cooperation of the country's citizens with the occupiers will contribute to the overthrow of the constitutional order, the sovereignty of the country's defense capability. The proposed proper formulation of the specified concept: "Collaborative activity" is the conscious cooperation of citizens with the occupation administration, which is aimed at the Ukrainian statehood, through various interactions: transfer of material resources, propaganda, denial of armed aggression against Ukraine, voluntary occupation of positions in illegal authorities. It has been established that the amendments made to Article 55 of the Criminal Code of Ukraine provide for a punishment consisting of deprivation of the right to hold certain positions or engage in certain activities as the main or additional punishment for committing criminal offenses against the foundations of national security of Ukraine for a period of ten to fifteen years with the confiscation of property, as well as the Criminal Code of Ukraine supplemented by Article 111-1, which defines the concept of collaborationism and its forms, as well as responsibility for the commission of a criminal offense defined by the said article. It was concluded that "collaborative activity" is distinguished from "treason" by the following signs: public denial by a citizen of Ukraine of carrying out armed aggression against Ukraine; collaborative actions are committed by the guilty person under conditions of occupation; criminal acts are committed for the benefit of the occupation administration and the aggressor state; voluntary transfer of civil servants of Ukraine to the side of the occupation administration. Such scientists as M. Bondarenko, V. Kubalskyi, V. Kuznetsov, O. Kravchuk, O. Matyushenko, M. Siyploki, I. Berdnik, and M. Golovko were engaged in the study of collaborative activities in the context of criminal responsibility, however, insufficient attention has been paid to the changes in the Criminal Code of Ukraine that took place during martial law.
本文考察了“协同活动”的概念，并分析了乌克兰刑法在确定协同活动的刑事责任方面所做的修改。考虑到乌克兰全境的军事局势，应特别注意合作活动的刑事责任，因为该国公民与占领者的合作将有助于推翻宪法秩序、国家主权和国防能力。建议对具体概念进行适当的表述:“协作活动”是公民与占领当局有意识的合作，其目的是通过各种互动:转移物质资源、宣传、否认对乌克兰的武装侵略、自愿占领非法当局的职位。已经确定，对《乌克兰刑法典》第55条所作的修正规定，对犯有危害乌克兰国家安全基础的刑事罪行的主要或附加惩罚包括剥夺担任某些职务或从事某些活动的权利，为期10至15年，并没收财产，以及由第111-1条补充的《乌克兰刑法典》。其中界定了通敌主义的概念及其形式，以及实施该条所界定的刑事犯罪的责任。结论是，“合作活动”与“叛国罪”的区别在于以下迹象:乌克兰公民公开否认对乌克兰进行武装侵略;合作行为是犯罪人在占领条件下实施的;犯罪行为是为了占领当局和侵略国的利益而实施的;乌克兰公务员自愿转到占领行政当局一方。像M. Bondarenko, V. Kubalskyi, V. Kuznetsov, O. Kravchuk, O. Matyushenko, M. Siyploki, I. Berdnik和M. Golovko这样的科学家在刑事责任的背景下从事合作活动的研究，然而，对戒严令期间发生的乌克兰刑法变化的关注不够。
{"title":"CRIMINAL LEGISLATION NOVELS: COLLABORATIVE ACTIVITIES","authors":"G. Mulyar, O. Khovpun","doi":"10.36550/2522-9230-2022-13-186-190","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-186-190","url":null,"abstract":"The article examines the concept of \"collaborative activity\" and analyzes the changes made to the Criminal Code of Ukraine in terms of establishing criminal liability for collaborative activity. Considering the military situation throughout the territory of Ukraine, special attention should be paid to criminal liability for collaborative activities, because the cooperation of the country's citizens with the occupiers will contribute to the overthrow of the constitutional order, the sovereignty of the country's defense capability. The proposed proper formulation of the specified concept: \"Collaborative activity\" is the conscious cooperation of citizens with the occupation administration, which is aimed at the Ukrainian statehood, through various interactions: transfer of material resources, propaganda, denial of armed aggression against Ukraine, voluntary occupation of positions in illegal authorities. It has been established that the amendments made to Article 55 of the Criminal Code of Ukraine provide for a punishment consisting of deprivation of the right to hold certain positions or engage in certain activities as the main or additional punishment for committing criminal offenses against the foundations of national security of Ukraine for a period of ten to fifteen years with the confiscation of property, as well as the Criminal Code of Ukraine supplemented by Article 111-1, which defines the concept of collaborationism and its forms, as well as responsibility for the commission of a criminal offense defined by the said article. It was concluded that \"collaborative activity\" is distinguished from \"treason\" by the following signs: public denial by a citizen of Ukraine of carrying out armed aggression against Ukraine; collaborative actions are committed by the guilty person under conditions of occupation; criminal acts are committed for the benefit of the occupation administration and the aggressor state; voluntary transfer of civil servants of Ukraine to the side of the occupation administration. Such scientists as M. Bondarenko, V. Kubalskyi, V. Kuznetsov, O. Kravchuk, O. Matyushenko, M. Siyploki, I. Berdnik, and M. Golovko were engaged in the study of collaborative activities in the context of criminal responsibility, however, insufficient attention has been paid to the changes in the Criminal Code of Ukraine that took place during martial law.","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130254892","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 : 2023-03-01DOI: 10.36550/2522-9230-2022-13-84-90
N. Maksymenko, V. Hmyria
In modern conditions, taxes are an integral lever of the state's influence on the country's market economy. Changes and development of the state system are always accompanied by changes in the tax system. The tax system is based on specific acts of state legislation, which form the methods of construction and payment of taxes, which is one of the sources of filling the budget. Thanks to taxes, relations between entrepreneurs, enterprises of various forms of ownership with state and local budgets, with various banks, as well as with superior organizations are determined. Also, with the help of taxes, the state regulates foreign economic activity, which includes the attraction of foreign investments, profits from business activities and self-financing income. In a market economy, the state widely uses tax policy as a regulator of negative market phenomena. This mechanism is used for economic influence on production, its structure and dynamics, on the state of the scientific and technical process. Based on this, the construction of the tax policy as part of the formation of the country's budget acquires a special role. Currently in Ukraine, under martial law, the tax policy has undergone significant changes along with a number of tax legislation aimed at supporting the economy in the conditions of military aggression. Tax mechanisms, as one of the implementers of the tax system in accordance with the concept, strategy and tactics of tax policy adopted by the government, underwent primary changes.
{"title":"TAX POLICY AS AN INTEGRAL PART OF THE FORMATION OF THE BUDGET OF UKRAINE","authors":"N. Maksymenko, V. Hmyria","doi":"10.36550/2522-9230-2022-13-84-90","DOIUrl":"https://doi.org/10.36550/2522-9230-2022-13-84-90","url":null,"abstract":"In modern conditions, taxes are an integral lever of the state's influence on the country's market economy. Changes and development of the state system are always accompanied by changes in the tax system. The tax system is based on specific acts of state legislation, which form the methods of construction and payment of taxes, which is one of the sources of filling the budget. Thanks to taxes, relations between entrepreneurs, enterprises of various forms of ownership with state and local budgets, with various banks, as well as with superior organizations are determined. Also, with the help of taxes, the state regulates foreign economic activity, which includes the attraction of foreign investments, profits from business activities and self-financing income. In a market economy, the state widely uses tax policy as a regulator of negative market phenomena. This mechanism is used for economic influence on production, its structure and dynamics, on the state of the scientific and technical process. Based on this, the construction of the tax policy as part of the formation of the country's budget acquires a special role. Currently in Ukraine, under martial law, the tax policy has undergone significant changes along with a number of tax legislation aimed at supporting the economy in the conditions of military aggression. Tax mechanisms, as one of the implementers of the tax system in accordance with the concept, strategy and tactics of tax policy adopted by the government, underwent primary changes.","PeriodicalId":420048,"journal":{"name":"Scientific Notes Series Law","volume":"11 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132625116","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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