Abstract. Since February 24, 2022, russia has engaged in full-scale aggression against Ukraine. Despite the Russian army's failure to achieve the initial goals set by the Kremlin at the beginning of the invasion, the war against Ukraine has persisted for over 600 days. Tragically, it has resulted in the loss of almost 10 thousand civilian lives (excluding data from the occupied territories) and forced approximately 8 million citizens to flee Ukraine. The author emphasizes, that russia-Ukraine war opened a Pandora’s Box, because not only will it influence the parties of the conflict, but also it will definitely reshape the world in the next decades. The article explores the ways in which the Russian government violates international law through its attacks on Ukraine. Despite russia's attempts to justify its actions under self-defense or humanitarian intervention, the analysis finds these claims unsubstantiated, categorizing Russia's actions as aggression, war crimes, and potentially genocide. A crucial aspect is the manipulation of international law by russia to legitimize its actions. The article analyzes the concept of "authoritarian international law," where dictatorial regimes exploit legal norms for self-interest. Russia's narrative, framing the invasion as a special military operation and responding to alleged genocide, clearly constitutes an abuse of international legal principles. The article outlines the repercussions for Russia, including exclusion from international bodies and substantial sanctions. Legal measures, such as the International Court of Justice's provisional measures and a UN resolution demanding compensation, indicate a collective international response to hold Russia accountable. Despite these legal responses, the article acknowledges challenges in achieving justice. Russia's likely refusal to recognize jurisdiction and potential obstacles to compensation efforts prompt the proposal of a multilateral mechanism involving states controlling frozen Russian assets.
{"title":"How Russia violates international law by invading Ukraine","authors":"Oksana Baskakova","doi":"10.23939/law2023.40.357","DOIUrl":"https://doi.org/10.23939/law2023.40.357","url":null,"abstract":"Abstract. Since February 24, 2022, russia has engaged in full-scale aggression against Ukraine. Despite the Russian army's failure to achieve the initial goals set by the Kremlin at the beginning of the invasion, the war against Ukraine has persisted for over 600 days. Tragically, it has resulted in the loss of almost 10 thousand civilian lives (excluding data from the occupied territories) and forced approximately 8 million citizens to flee Ukraine. The author emphasizes, that russia-Ukraine war opened a Pandora’s Box, because not only will it influence the parties of the conflict, but also it will definitely reshape the world in the next decades. The article explores the ways in which the Russian government violates international law through its attacks on Ukraine. Despite russia's attempts to justify its actions under self-defense or humanitarian intervention, the analysis finds these claims unsubstantiated, categorizing Russia's actions as aggression, war crimes, and potentially genocide. A crucial aspect is the manipulation of international law by russia to legitimize its actions. The article analyzes the concept of \"authoritarian international law,\" where dictatorial regimes exploit legal norms for self-interest. Russia's narrative, framing the invasion as a special military operation and responding to alleged genocide, clearly constitutes an abuse of international legal principles. The article outlines the repercussions for Russia, including exclusion from international bodies and substantial sanctions. Legal measures, such as the International Court of Justice's provisional measures and a UN resolution demanding compensation, indicate a collective international response to hold Russia accountable. Despite these legal responses, the article acknowledges challenges in achieving justice. Russia's likely refusal to recognize jurisdiction and potential obstacles to compensation efforts prompt the proposal of a multilateral mechanism involving states controlling frozen Russian assets.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 44","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138964391","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}
The article describes the current problems of international environmental security in the context of the systematic manifestation of the principles of its implementation, which justifies the need to consolidate the efforts of interstate environmental measures on the basis of sustainable and balanced development. The article examines prerequisites for the formation of the global environmental safety as an integral part of international relations and politics against the background of the long-term ecological crisis. Features of the global environmental safety and levels of its operation on a territorial basis are singled out and grounded. Attention is focused on transboundary character of the manifestation of most environmental threats and hazards, making it impossible for countries to overcome the consequences on their own. Emphasized are global threats and hazards that will determine areas of cooperation in the global environmental safety in the near future. Parity basis and principles of formation of global ecologically safe space are outlined. Considering the world experience of the implementation of forms and methods of economical use of natural resources and observance of safety of existence, directions of strategic planning of national environmental safety are suggested. It was determined that globalization processes on the planet increase the threat to humanity in the form of environmental hazards: destruction of the ozone layer of the atmosphere and manifestations of global climate change, pollution of the world ocean, civilizational confrontation between the Christian and Muslim world, the creation and functioning of a global terrorist network, the spread of nuclear, chemical, biological , geophysical, space, psychotropic, environmental weapons and technologies of mass destruction. The main mechanisms for the implementation of international environmental security should be considered interstate cooperation, the creation of mechanisms for effective international consulting, peaceful settlement of disputes, prevention of transboundary environmental pollution, scientific and technical cooperation, international responsibility for transboundary environmental damage, public control, and the involvement of international non-governmental and public organizations in emergency environmental situations It has been proven that the mechanisms of international environmental security during emergency situations require the consolidation of efforts of interstate environmental measures on the basis of sustainable and balanced development.
{"title":"On international environmental security: modern dimensions and principles of implementation","authors":"Zoryana Dobosh, Ivanna Yankovska, Solomia Pidtserkovna","doi":"10.23939/law2023.40.391","DOIUrl":"https://doi.org/10.23939/law2023.40.391","url":null,"abstract":"The article describes the current problems of international environmental security in the context of the systematic manifestation of the principles of its implementation, which justifies the need to consolidate the efforts of interstate environmental measures on the basis of sustainable and balanced development. The article examines prerequisites for the formation of the global environmental safety as an integral part of international relations and politics against the background of the long-term ecological crisis. Features of the global environmental safety and levels of its operation on a territorial basis are singled out and grounded. Attention is focused on transboundary character of the manifestation of most environmental threats and hazards, making it impossible for countries to overcome the consequences on their own. Emphasized are global threats and hazards that will determine areas of cooperation in the global environmental safety in the near future. Parity basis and principles of formation of global ecologically safe space are outlined. Considering the world experience of the implementation of forms and methods of economical use of natural resources and observance of safety of existence, directions of strategic planning of national environmental safety are suggested. It was determined that globalization processes on the planet increase the threat to humanity in the form of environmental hazards: destruction of the ozone layer of the atmosphere and manifestations of global climate change, pollution of the world ocean, civilizational confrontation between the Christian and Muslim world, the creation and functioning of a global terrorist network, the spread of nuclear, chemical, biological , geophysical, space, psychotropic, environmental weapons and technologies of mass destruction. The main mechanisms for the implementation of international environmental security should be considered interstate cooperation, the creation of mechanisms for effective international consulting, peaceful settlement of disputes, prevention of transboundary environmental pollution, scientific and technical cooperation, international responsibility for transboundary environmental damage, public control, and the involvement of international non-governmental and public organizations in emergency environmental situations It has been proven that the mechanisms of international environmental security during emergency situations require the consolidation of efforts of interstate environmental measures on the basis of sustainable and balanced development.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"53 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965179","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}
Annotation. The article examines the normative and legal characteristics of the concept of «violent sexual crime», studies the opinions of Ukrainian scientists regarding the problem of detecting violent sexual crime, and examines the statistical data of the Prosecutor General's Office regarding the frequency of this type of criminal offense. The foreign experience regarding the peculiarities of differentiation of violent sexual crime in the criminal legal acts of the Kingdom of Spain, the French Republic, and the Republic of Poland was analyzed. Violent sexual crime is considered as a multifaceted complex phenomenon that requires research from various aspects, such as: prevalence on the territory of the state, profile of victims and criminals, mechanisms of combating such crime. The current state of the legal context of criminal offenses against sexual freedom and personal integrity has been studied, in particular the definition of crimes, the establishment of criminal sanctions and the imposition of punishments on guilty persons in the current legislation of Ukraine. The main criminologically significant signs of violent sexual crimes are formulated, which can later become the basis for developing a strategy to combat violent sexual crime in Ukraine.
{"title":"Crimes of sexual violence in Ukraine: characteristics and international experience","authors":"Gabriella Pehno, Olena Kovalchuk","doi":"10.23939/law2023.40.342","DOIUrl":"https://doi.org/10.23939/law2023.40.342","url":null,"abstract":"Annotation. The article examines the normative and legal characteristics of the concept of «violent sexual crime», studies the opinions of Ukrainian scientists regarding the problem of detecting violent sexual crime, and examines the statistical data of the Prosecutor General's Office regarding the frequency of this type of criminal offense. The foreign experience regarding the peculiarities of differentiation of violent sexual crime in the criminal legal acts of the Kingdom of Spain, the French Republic, and the Republic of Poland was analyzed. Violent sexual crime is considered as a multifaceted complex phenomenon that requires research from various aspects, such as: prevalence on the territory of the state, profile of victims and criminals, mechanisms of combating such crime. The current state of the legal context of criminal offenses against sexual freedom and personal integrity has been studied, in particular the definition of crimes, the establishment of criminal sanctions and the imposition of punishments on guilty persons in the current legislation of Ukraine. The main criminologically significant signs of violent sexual crimes are formulated, which can later become the basis for developing a strategy to combat violent sexual crime in Ukraine.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138964463","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}
The article is devoted to the problem of defining modern problems of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property and theoretical justification of ways to solve them. It was established that the scientific study of issues of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property is an important condition for improving domestic legislation and the practice of its application. Special attention is paid to the impact of modern challenges and threats on the sphere of protection of property rights. It is argued that the entire system of public legal institutions, the modern system of administrative and legal protection should be aimed at guaranteeing human rights to own, use and dispose of their property. It is appropriate to include legal methods and means of preventing encroachments in the sphere of property as components of the administrative-legal protection of property rights; termination of administrative offenses encroaching on property rights; application of administrative liability measures to violators in accordance with the procedure established by law and compensation for the damage caused. It was emphasized that today there are quite frequent facts of violation of the rights and legitimate interests of citizens in the field of property. Such violations are related to the challenges of wartime, the problems of citizens realizing the right to own real estate and land plots, the bureaucratization of the procedures for registering the right to own land, the facts of "raider" seizure of property, the deprivation of single elderly people, convicted of crimes, orphans and others housing and other objects of property rights, the imperfection of the administrative-delict legislation and the system of state institutions that oppose offenses in this area, etc. Emphasis is placed on the change of legal approaches to determining the sub-department of consideration of cases on administrative offenses in the sphere of property. Special attention needs to be paid to the elimination of alternative sub-department of consideration of cases on administrative offenses in the field of property, duplication of functions of various authorities and officials in this field. Special attention is devoted to the formation of a strategy for increasing the effectiveness of the activities of bodies that are endowed with managerial and jurisdictional functions in the field of property, carry out the prevention of offenses committed in this field, due to the optimization of their structure, the development of new standards of interaction with citizens.
{"title":"Modern problems of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property","authors":"I. Lychenko, Viktoriia Melnychenko","doi":"10.23939/law2023.40.116","DOIUrl":"https://doi.org/10.23939/law2023.40.116","url":null,"abstract":"The article is devoted to the problem of defining modern problems of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property and theoretical justification of ways to solve them. It was established that the scientific study of issues of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property is an important condition for improving domestic legislation and the practice of its application. Special attention is paid to the impact of modern challenges and threats on the sphere of protection of property rights. It is argued that the entire system of public legal institutions, the modern system of administrative and legal protection should be aimed at guaranteeing human rights to own, use and dispose of their property. It is appropriate to include legal methods and means of preventing encroachments in the sphere of property as components of the administrative-legal protection of property rights; termination of administrative offenses encroaching on property rights; application of administrative liability measures to violators in accordance with the procedure established by law and compensation for the damage caused. It was emphasized that today there are quite frequent facts of violation of the rights and legitimate interests of citizens in the field of property. Such violations are related to the challenges of wartime, the problems of citizens realizing the right to own real estate and land plots, the bureaucratization of the procedures for registering the right to own land, the facts of \"raider\" seizure of property, the deprivation of single elderly people, convicted of crimes, orphans and others housing and other objects of property rights, the imperfection of the administrative-delict legislation and the system of state institutions that oppose offenses in this area, etc. Emphasis is placed on the change of legal approaches to determining the sub-department of consideration of cases on administrative offenses in the sphere of property. Special attention needs to be paid to the elimination of alternative sub-department of consideration of cases on administrative offenses in the field of property, duplication of functions of various authorities and officials in this field. Special attention is devoted to the formation of a strategy for increasing the effectiveness of the activities of bodies that are endowed with managerial and jurisdictional functions in the field of property, carry out the prevention of offenses committed in this field, due to the optimization of their structure, the development of new standards of interaction with citizens.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994860","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}
The issue of ensuring the realization of the rights and freedoms of a person and a citizen through the prism of the activities of law enforcement agencies was considered. It was noted that the implementation of one of the main tasks of the state to ensure the rights and freedoms of a person and a citizen, enshrined in the Constitution of Ukraine, is entrusted to the three existing branches of government in the state: legislative, executive and judicial. In addition, in order to solve the problems of socio-political and economic development of modern Ukraine, there is a regulatory and protective influence of the state on citizens with the aim of forming appropriate (legal) conditions for their life activities. For this, the state creates special bodies - these are law enforcement agencies. It is emphasized that the concept of "law enforcement agencies" is very often used in scientific literature, regulatory documents and acts, colloquial speech, etc., but an accurate and clear idea about it has not yet been formed.Scientists do not have a unified approach to this concept, it is not fully contained in legislative acts. Normative legal acts related to the disclosure of the concept of "law enforcement agencies" have been analyzed. It was noted that law enforcement agencies are special state institutions united by their functional purpose. Four main features of law enforcement activity are identified. The concept of human rights and freedom is defined. It is emphasized that human rights are divided into 4 groups, each group is disclosed. Attention is drawn to the fact that to ensure human rights and freedoms in the activities of law enforcement agencies, there is a mechanism in the form of two subsystems: protection and protection. After analyzing the current legislation, the main areas of activity of law enforcement agencies in the field of ensuring human and citizen rights and freedoms are highlighted. It was concluded that in modern Ukraine, the work of law enforcement agencies is aimed at ensuring the fundamental rights and freedoms of a person and a citizen. Every day, our state becomes one step closer to European standards in the field of citizen security. However, our realities require newer legal approaches in the matter of ensuring fundamental rights and freedoms. For this purpose, appropriate reforms are carried out in the state, the forms and methods of ensuring the rights and freedoms of a person and citizen are improved, the level of legal culture is raised and, what is very important, in the context of the relevant changes, the level of public trust in law enforcement officers is increased.
{"title":"Ensuring the implementation of human and citizen rights and freedoms through the prism of the activities of law enforcement bodies","authors":"Svitlana Soroka, Tetiana Skoropad","doi":"10.23939/law2023.40.352","DOIUrl":"https://doi.org/10.23939/law2023.40.352","url":null,"abstract":"The issue of ensuring the realization of the rights and freedoms of a person and a citizen through the prism of the activities of law enforcement agencies was considered. It was noted that the implementation of one of the main tasks of the state to ensure the rights and freedoms of a person and a citizen, enshrined in the Constitution of Ukraine, is entrusted to the three existing branches of government in the state: legislative, executive and judicial. In addition, in order to solve the problems of socio-political and economic development of modern Ukraine, there is a regulatory and protective influence of the state on citizens with the aim of forming appropriate (legal) conditions for their life activities. For this, the state creates special bodies - these are law enforcement agencies. It is emphasized that the concept of \"law enforcement agencies\" is very often used in scientific literature, regulatory documents and acts, colloquial speech, etc., but an accurate and clear idea about it has not yet been formed.Scientists do not have a unified approach to this concept, it is not fully contained in legislative acts. Normative legal acts related to the disclosure of the concept of \"law enforcement agencies\" have been analyzed. It was noted that law enforcement agencies are special state institutions united by their functional purpose. Four main features of law enforcement activity are identified. The concept of human rights and freedom is defined. It is emphasized that human rights are divided into 4 groups, each group is disclosed. Attention is drawn to the fact that to ensure human rights and freedoms in the activities of law enforcement agencies, there is a mechanism in the form of two subsystems: protection and protection. After analyzing the current legislation, the main areas of activity of law enforcement agencies in the field of ensuring human and citizen rights and freedoms are highlighted. It was concluded that in modern Ukraine, the work of law enforcement agencies is aimed at ensuring the fundamental rights and freedoms of a person and a citizen. Every day, our state becomes one step closer to European standards in the field of citizen security. However, our realities require newer legal approaches in the matter of ensuring fundamental rights and freedoms. For this purpose, appropriate reforms are carried out in the state, the forms and methods of ensuring the rights and freedoms of a person and citizen are improved, the level of legal culture is raised and, what is very important, in the context of the relevant changes, the level of public trust in law enforcement officers is increased.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"39 s175","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965355","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}
Abstract. In accordance with international legal standards in Ukraine, the independence of judges is guaranteed by the Constitution (part one of Article 126). It is prohibited to influence the judge in any way (part two of Article 126 of the Constitution of Ukraine). Also, the first part of Article 129 of the Basic Law of Ukraine states that a judge, when administering justice, is independent and governed by the rule of law. The institutional independence of the judiciary is implicitly embodied at the level of the text of the Constitution of Ukraine, in addition to the above-mentioned norms, also in part one of article 6 (state power in Ukraine is exercised on the basis of its division into legislative, executive and judicial), parts one and two of article 8 (in Ukraine the principle of the rule of law is recognized and applied. In addition, the content of Articles 128, 129-1, 130, 130-1, 131 of the Basic Law of Ukraine gives the scientist grounds for the conclusion that the institutional independence of the judiciary is also guaranteed by the independent procedure for appointing a judge to a position determined at the constitutional level, the binding nature of a court decision , ensuring the proper financial maintenance of judges and financing of the judicial system, independent mechanisms for selecting judges and bringing them to disciplinary responsibility, independence of judicial self-government and governance. The above constitutional guarantees of the independence of the judiciary are specified at the legislative level - first of all, in the Law of Ukraine "On the Judiciary and the Status of Judges", most of the articles of which to one degree or another are related to the principle of independence of judges, in addition, Article 6 of the Law is separately devoted to this issue. We must emphasize that the independence of the judiciary is a necessary basis of a civilized society, the real provision of which is, in turn, a mandatory condition for building a legal democratic state - in the modern world, it is an axiom that does not need any additional argumentation. We consider the independence of the judiciary as a phenomenon caused by internal and external factors. The internal aspect of an independent court can have many components, but, first of all, it is based on the moral principles and ethical norms of a specific person - a judge. Here, the concept of independence is very closely intertwined with such categories as impartiality, impartiality and justice, ultimately denoting a certain way of thinking. After all, it is obvious that each person perceives the same circumstances individually, through the prism of their own ideas about the world. Specific factors that someone will leave out of consideration (for example, statements, comments of colleagues, publications, etc.), for another can have a decisive influence on the formation of an attitude towards a certain person or a certain situation, therefore, the lack of moral maturity of a
{"title":"Measures to ensure the institutional independence of the judiciary","authors":"Nazar Hdanskyi","doi":"10.23939/law2023.40.283","DOIUrl":"https://doi.org/10.23939/law2023.40.283","url":null,"abstract":"Abstract. In accordance with international legal standards in Ukraine, the independence of judges is guaranteed by the Constitution (part one of Article 126). It is prohibited to influence the judge in any way (part two of Article 126 of the Constitution of Ukraine). Also, the first part of Article 129 of the Basic Law of Ukraine states that a judge, when administering justice, is independent and governed by the rule of law. The institutional independence of the judiciary is implicitly embodied at the level of the text of the Constitution of Ukraine, in addition to the above-mentioned norms, also in part one of article 6 (state power in Ukraine is exercised on the basis of its division into legislative, executive and judicial), parts one and two of article 8 (in Ukraine the principle of the rule of law is recognized and applied. In addition, the content of Articles 128, 129-1, 130, 130-1, 131 of the Basic Law of Ukraine gives the scientist grounds for the conclusion that the institutional independence of the judiciary is also guaranteed by the independent procedure for appointing a judge to a position determined at the constitutional level, the binding nature of a court decision , ensuring the proper financial maintenance of judges and financing of the judicial system, independent mechanisms for selecting judges and bringing them to disciplinary responsibility, independence of judicial self-government and governance. The above constitutional guarantees of the independence of the judiciary are specified at the legislative level - first of all, in the Law of Ukraine \"On the Judiciary and the Status of Judges\", most of the articles of which to one degree or another are related to the principle of independence of judges, in addition, Article 6 of the Law is separately devoted to this issue. We must emphasize that the independence of the judiciary is a necessary basis of a civilized society, the real provision of which is, in turn, a mandatory condition for building a legal democratic state - in the modern world, it is an axiom that does not need any additional argumentation. We consider the independence of the judiciary as a phenomenon caused by internal and external factors. The internal aspect of an independent court can have many components, but, first of all, it is based on the moral principles and ethical norms of a specific person - a judge. Here, the concept of independence is very closely intertwined with such categories as impartiality, impartiality and justice, ultimately denoting a certain way of thinking. After all, it is obvious that each person perceives the same circumstances individually, through the prism of their own ideas about the world. Specific factors that someone will leave out of consideration (for example, statements, comments of colleagues, publications, etc.), for another can have a decisive influence on the formation of an attitude towards a certain person or a certain situation, therefore, the lack of moral maturity of a","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138963705","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}
The article analyzes current issues regarding the use of valuation concepts in tax law. In particular, scientific approaches to the specification of valuation concepts in tax law, which they receive in the normative order or in judicial practice, are considered. In addition, it is emphasized about the specification of valuation concepts in the legal interpretation practice of controlling authorities and in subordinate legal acts of the Ministry of Finance of Ukraine and controlling authorities, which receives its fixation in subordinate legal acts of tax legislation, letters, general and individual tax consultations. It was found that the use of norms with evaluative concepts in the texts of tax regulations is determined by a number of objective and subjective factors. It is highlighted that the peculiarities of the evaluation concepts are that: 1) they are either not explained at all in the legislation, or find only a partial interpretation in it; 2) they are specified by the law enforcer himself; 3) they are specified on the basis of discretion. Taking into account the peculiarities of discretion in tax and legal regulation, it is emphasized that quite often there are situations in which formally undefined concepts are used. It was established that evaluative concepts are necessary in the presence of an objective need to establish certain limits of discretion for the subject of law enforcement. Valuation concepts are an objectively necessary component of tax-legal norms and occupy an important place in the conceptual-categorical apparatus of tax law. As an example, the evaluative concepts that are components of the concepts of «tax» and «fee» were analyzed. In this case, among the evaluation concepts, «unconditional payment to the relevant budget» and «special benefit» were singled out and analyzed. The author’s conclusion was made that in some cases there is a need for a thorough clarification of valuation concepts in tax law using additional sources. It is noted that today the issue of the meaning and place of valuation concepts in tax law is open for discussion and requires further scientific research.
{"title":"On the question of the use of evaluative concepts in tax law","authors":"Oksana Baik","doi":"10.23939/law2023.40.064","DOIUrl":"https://doi.org/10.23939/law2023.40.064","url":null,"abstract":"The article analyzes current issues regarding the use of valuation concepts in tax law. In particular, scientific approaches to the specification of valuation concepts in tax law, which they receive in the normative order or in judicial practice, are considered. In addition, it is emphasized about the specification of valuation concepts in the legal interpretation practice of controlling authorities and in subordinate legal acts of the Ministry of Finance of Ukraine and controlling authorities, which receives its fixation in subordinate legal acts of tax legislation, letters, general and individual tax consultations. It was found that the use of norms with evaluative concepts in the texts of tax regulations is determined by a number of objective and subjective factors. It is highlighted that the peculiarities of the evaluation concepts are that: 1) they are either not explained at all in the legislation, or find only a partial interpretation in it; 2) they are specified by the law enforcer himself; 3) they are specified on the basis of discretion. Taking into account the peculiarities of discretion in tax and legal regulation, it is emphasized that quite often there are situations in which formally undefined concepts are used. It was established that evaluative concepts are necessary in the presence of an objective need to establish certain limits of discretion for the subject of law enforcement. Valuation concepts are an objectively necessary component of tax-legal norms and occupy an important place in the conceptual-categorical apparatus of tax law. As an example, the evaluative concepts that are components of the concepts of «tax» and «fee» were analyzed. In this case, among the evaluation concepts, «unconditional payment to the relevant budget» and «special benefit» were singled out and analyzed. The author’s conclusion was made that in some cases there is a need for a thorough clarification of valuation concepts in tax law using additional sources. It is noted that today the issue of the meaning and place of valuation concepts in tax law is open for discussion and requires further scientific research.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 31","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994634","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}
Views on upbringing, learning, education, development are always relevant, because different ideas of the influence of some people on others are the subject of research in many sciences. Earthly life, the spiritual environment requires every time to withdraw the mind from earthly, sensual concerns, and turn to spiritual supersensual, inaccessible mental problems that affect the ontological life activity of a person, which is regulated by the relevant norms. By and large, we are talking about general pedagogy in positive law, about vital pedagogical knowledge, which is recognized as profound - soulful, spiritual. But this is not enough. This knowledge is fully justified by God's providence and is highlighted in theological literature. It follows that there are such types of pedagogy as ordological (bodily), existential (spiritual) and transcendental (spiritual). I believe that it is appropriate (in this case) to combine them into the concept of canonical pedagogy. Metaphysical law is a natural-supernatural secret writing, imbued with the spirit of wisdom, a cryptological method designed for the action of human supersensible principles. A special coded ontological code was created by divine eternity in order to obtain naturally permissible life innovations for the creative cognitive process of life. The metaphysical law, created by supernatural man on the basis of knowledge of natural and supernatural laws, natural phenomena, natural laws, contains theological motives of life, the meaning of the natural existence of the inner man and his salvation from evil. It is clear that metaphysical law works with positive law, natural law, canon law, ecclesiastical law, philosophy of law and pedagogy through spiritual unity and synergy. Let's resort to the following research algorithm: metaphysical law-canonical pedagogy - pedagogy in metaphysical law - canonical-law laboratory. Metaphysical man needs metaphysical law and metaphysical pedagogy, despite the fact that man is currently most concerned with physical, bodily issues. Solving earthly concerns does not at all free a person from future heavenly cares. The current restless thoughts have reason to exist. Bodily ordological restlessness must be satisfied by the settlement of the future unearthly with the help of earthly means. Metaphysical law is such a tool.
{"title":"Canonical pedagogy in metaphysical law","authors":"S. Slyvka","doi":"10.23939/law2023.40.033","DOIUrl":"https://doi.org/10.23939/law2023.40.033","url":null,"abstract":"Views on upbringing, learning, education, development are always relevant, because different ideas of the influence of some people on others are the subject of research in many sciences. Earthly life, the spiritual environment requires every time to withdraw the mind from earthly, sensual concerns, and turn to spiritual supersensual, inaccessible mental problems that affect the ontological life activity of a person, which is regulated by the relevant norms. By and large, we are talking about general pedagogy in positive law, about vital pedagogical knowledge, which is recognized as profound - soulful, spiritual. But this is not enough. This knowledge is fully justified by God's providence and is highlighted in theological literature. It follows that there are such types of pedagogy as ordological (bodily), existential (spiritual) and transcendental (spiritual). I believe that it is appropriate (in this case) to combine them into the concept of canonical pedagogy. Metaphysical law is a natural-supernatural secret writing, imbued with the spirit of wisdom, a cryptological method designed for the action of human supersensible principles. A special coded ontological code was created by divine eternity in order to obtain naturally permissible life innovations for the creative cognitive process of life. The metaphysical law, created by supernatural man on the basis of knowledge of natural and supernatural laws, natural phenomena, natural laws, contains theological motives of life, the meaning of the natural existence of the inner man and his salvation from evil. It is clear that metaphysical law works with positive law, natural law, canon law, ecclesiastical law, philosophy of law and pedagogy through spiritual unity and synergy. Let's resort to the following research algorithm: metaphysical law-canonical pedagogy - pedagogy in metaphysical law - canonical-law laboratory. Metaphysical man needs metaphysical law and metaphysical pedagogy, despite the fact that man is currently most concerned with physical, bodily issues. Solving earthly concerns does not at all free a person from future heavenly cares. The current restless thoughts have reason to exist. Bodily ordological restlessness must be satisfied by the settlement of the future unearthly with the help of earthly means. Metaphysical law is such a tool.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138963561","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}
The article outlines that the norms of the current Criminal Code of Ukraine provide options for the possible post-criminal behavior of a person who has committed a criminal offense, which represent a legally significant action or inaction, or their combination, and which may subsequently affect the order and features of bringing the offender to criminal liability. Through the analysis of the current legislation, scientific achievements and judicial practice, the specifics of the release of the offender from criminal responsibility in connection with the reconciliation of the guilty party with the victim were clarified and summarized, in particular, the conditions were analyzed, in the presence of which, the offender may be subject to such release with dignity Article 46 of the Criminal Code of Ukraine. It has been established that the institution of exemption from criminal responsibility in connection with the reconciliation of the guilty party with the victim is an effective way of resolving the criminal-legal conflict that arose as a result of the commission of a criminal offense, and also allows for the rapid achievement of the tasks of criminal justice with the least resource costs for all participants of the criminal proceedings.
{"title":"On the issue of exemption from criminal responsibility in connection with reconciliation of the offender with the victim","authors":"Nataliіa Slotvinska","doi":"10.23939/law2023.40.348","DOIUrl":"https://doi.org/10.23939/law2023.40.348","url":null,"abstract":"The article outlines that the norms of the current Criminal Code of Ukraine provide options for the possible post-criminal behavior of a person who has committed a criminal offense, which represent a legally significant action or inaction, or their combination, and which may subsequently affect the order and features of bringing the offender to criminal liability. Through the analysis of the current legislation, scientific achievements and judicial practice, the specifics of the release of the offender from criminal responsibility in connection with the reconciliation of the guilty party with the victim were clarified and summarized, in particular, the conditions were analyzed, in the presence of which, the offender may be subject to such release with dignity Article 46 of the Criminal Code of Ukraine. It has been established that the institution of exemption from criminal responsibility in connection with the reconciliation of the guilty party with the victim is an effective way of resolving the criminal-legal conflict that arose as a result of the commission of a criminal offense, and also allows for the rapid achievement of the tasks of criminal justice with the least resource costs for all participants of the criminal proceedings.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"124 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965158","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}
The article is devoted to the study of the legal problem of domestic violence in certain ethno-national groups on the example of the Roma by determining the peculiarities of the status of Roma women and presenting proposals for legal regulation of the problem. It has been proven that women of the Roma national minority are in a special risk group of becoming victims of domestic violence. Deeply rooted in social and cultural norms, domestic violence remains one of the most urgent and complex problems of our time. The following characteristic features of domestic violence in Roma groups are identified, which are determined by social and cultural and mental factors of the life of this national minority: Roma women can experience violence from a wide group of men of the entire Roma community; domestic violence is provoked by a special way of managing the economy, lack of proper infrastructure and living conditions; Roma remain one of the poorest groups in modern society, which is an additional factor in domestic violence; Roma women are characterized by cross-discrimination (multi-discrimination) on several grounds; social alienation and isolation of Roma causes a low level of education, fear of public authorities, mistrust of the law enforcement and judicial system. The author proposed changes to the legislation. In particular, the update of the national strategy for promoting the realization of the rights and opportunities of persons belonging to the Roma national minority in Ukrainian society for the period up to 2030. It is proposed to define additional goal #9, which consists in overcoming the problem of domestic violence in Roma communities and ensuring gender inequality of women of the Roma national minority. To fulfill this goal, specific tasks are proposed, In the conclusion, it is noted that the fight against domestic violence is the task of every member of the global community, since only unified single-centered efforts can create conditions for an optimal combination of managerial, legal, cultural, public interests in the context of their integration into social reality and overcoming negative social problems that provoke deviant behavior.
{"title":"Legal policy regarding domestic violence in certain ethno-national groups (on the example of the roma)","authors":"Iryna Andrusiak","doi":"10.23939/law2023.40.257","DOIUrl":"https://doi.org/10.23939/law2023.40.257","url":null,"abstract":"The article is devoted to the study of the legal problem of domestic violence in certain ethno-national groups on the example of the Roma by determining the peculiarities of the status of Roma women and presenting proposals for legal regulation of the problem. It has been proven that women of the Roma national minority are in a special risk group of becoming victims of domestic violence. Deeply rooted in social and cultural norms, domestic violence remains one of the most urgent and complex problems of our time. The following characteristic features of domestic violence in Roma groups are identified, which are determined by social and cultural and mental factors of the life of this national minority: Roma women can experience violence from a wide group of men of the entire Roma community; domestic violence is provoked by a special way of managing the economy, lack of proper infrastructure and living conditions; Roma remain one of the poorest groups in modern society, which is an additional factor in domestic violence; Roma women are characterized by cross-discrimination (multi-discrimination) on several grounds; social alienation and isolation of Roma causes a low level of education, fear of public authorities, mistrust of the law enforcement and judicial system. The author proposed changes to the legislation. In particular, the update of the national strategy for promoting the realization of the rights and opportunities of persons belonging to the Roma national minority in Ukrainian society for the period up to 2030. It is proposed to define additional goal #9, which consists in overcoming the problem of domestic violence in Roma communities and ensuring gender inequality of women of the Roma national minority. To fulfill this goal, specific tasks are proposed, In the conclusion, it is noted that the fight against domestic violence is the task of every member of the global community, since only unified single-centered efforts can create conditions for an optimal combination of managerial, legal, cultural, public interests in the context of their integration into social reality and overcoming negative social problems that provoke deviant behavior.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"41 S188","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965321","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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