The article is devoted to the topical issues of legal regulation of the customs transit regime in Ukraine in the context of adaptation of customs legislation to the norms and standards of the European Union. Establishment of customs regimes is one of the central components of the customs system. Their introduction is intended to serve the development of foreign trade, economic cooperation and contribute to the state budget. Customs regimes play a stimulating, regulatory and protective role in the process of economic growth. The authors examine the customs transit regime and its variant, the common transit regime, and analyse its legal nature and peculiarities of legal regulation. Transit is an important customs regime which performs a stimulating function and contributes to the development of Ukraine's foreign economic relations, and its functioning requires proper legal support. The article reveals the concept and essence of the novelty of customs legislation "unified clearance system", which is a legal regulation of the procedure and conditions for moving goods through the customs territory of Ukraine under the unified clearance system. The rights and obligations of the subjects of the common transit regime, legal support of customs procedures and electronic data exchange in the course of application of the common transit regime are considered. The author analyses the legal support of customs procedures and electronic data exchange during the application of the common transit procedure through the electronic transit system. The analysis of national and international legal acts proves that the system has its own specifics, its own content and is an integral element of the common transit regime. It is emphasised that a number of issues related to the coexistence of two customs regimes (transit and common transit) require further regulation in the relevant legislation. In addition, the legislator will face the task of further reforming the functioning of the customs system by introducing appropriate amendments and additions to the Customs Code of Ukraine and other legislative acts.
{"title":"Peculiarities of the introduction of the joint transit procedure in Ukraine","authors":"Iryna Shulhan, Kateryna Prodan","doi":"10.23939/law2023.40.184","DOIUrl":"https://doi.org/10.23939/law2023.40.184","url":null,"abstract":"The article is devoted to the topical issues of legal regulation of the customs transit regime in Ukraine in the context of adaptation of customs legislation to the norms and standards of the European Union. Establishment of customs regimes is one of the central components of the customs system. Their introduction is intended to serve the development of foreign trade, economic cooperation and contribute to the state budget. Customs regimes play a stimulating, regulatory and protective role in the process of economic growth. The authors examine the customs transit regime and its variant, the common transit regime, and analyse its legal nature and peculiarities of legal regulation. Transit is an important customs regime which performs a stimulating function and contributes to the development of Ukraine's foreign economic relations, and its functioning requires proper legal support. The article reveals the concept and essence of the novelty of customs legislation \"unified clearance system\", which is a legal regulation of the procedure and conditions for moving goods through the customs territory of Ukraine under the unified clearance system. The rights and obligations of the subjects of the common transit regime, legal support of customs procedures and electronic data exchange in the course of application of the common transit regime are considered. The author analyses the legal support of customs procedures and electronic data exchange during the application of the common transit procedure through the electronic transit system. The analysis of national and international legal acts proves that the system has its own specifics, its own content and is an integral element of the common transit regime. It is emphasised that a number of issues related to the coexistence of two customs regimes (transit and common transit) require further regulation in the relevant legislation. In addition, the legislator will face the task of further reforming the functioning of the customs system by introducing appropriate amendments and additions to the Customs Code of Ukraine and other legislative acts.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138963615","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 analysis of regulatory and legal support of ecologization in the field of agriculture and prospects for its improvement. Ecologization of the agricultural sector is ensured by legal norms contained in laws and by-laws. In general, the norms of environmental and agrarian legislation of Ukraine regulate the relations of environmental protection and nature use in the field of agriculture. The main directions of further improvement of the legal support for the ecologization of the agricultural sector are: the implementation of certain types of agricultural production activities, taking into account the peculiarities of specialization and activities related to agricultural production; use of land and other natural resources in agricultural production; agricultural production waste management; organic agricultural production, etc. In particular, the relevant rules of nature protection for agricultural production should be aimed at: ensuring ecological and biological safety in the process of agricultural production activity; ensuring rational use of land and other natural resources in agricultural production; restriction and termination of agricultural activities that damage to the environment; introduction of the most effective methods of management, in particular, the spread of the use of organic production methods; support for the development and introduction of innovative technologies in the field of agriculture; protection of agricultural plants and animals; increasing the level of knowledge and improving the practical skills of sustainable agriculture. A special role in the legal support of ecologization of agriculture is played by strategic documents defining goals and task for the relevant period. The task of state policy is to bring national legislation, standards and practices in the agricultural sector closer to the pan-European principles of sustainable agriculture policy and good agricultural practices. Also, rules of nature protection should be reflected in the local intra-economic acts of the subjects of agricultural activity.
{"title":"Ecologization of agriculture: legal aspect","authors":"Khrystyna Marych","doi":"10.23939/law2023.40.212","DOIUrl":"https://doi.org/10.23939/law2023.40.212","url":null,"abstract":"The article is devoted to the analysis of regulatory and legal support of ecologization in the field of agriculture and prospects for its improvement. Ecologization of the agricultural sector is ensured by legal norms contained in laws and by-laws. In general, the norms of environmental and agrarian legislation of Ukraine regulate the relations of environmental protection and nature use in the field of agriculture. The main directions of further improvement of the legal support for the ecologization of the agricultural sector are: the implementation of certain types of agricultural production activities, taking into account the peculiarities of specialization and activities related to agricultural production; use of land and other natural resources in agricultural production; agricultural production waste management; organic agricultural production, etc. In particular, the relevant rules of nature protection for agricultural production should be aimed at: ensuring ecological and biological safety in the process of agricultural production activity; ensuring rational use of land and other natural resources in agricultural production; restriction and termination of agricultural activities that damage to the environment; introduction of the most effective methods of management, in particular, the spread of the use of organic production methods; support for the development and introduction of innovative technologies in the field of agriculture; protection of agricultural plants and animals; increasing the level of knowledge and improving the practical skills of sustainable agriculture. A special role in the legal support of ecologization of agriculture is played by strategic documents defining goals and task for the relevant period. The task of state policy is to bring national legislation, standards and practices in the agricultural sector closer to the pan-European principles of sustainable agriculture policy and good agricultural practices. Also, rules of nature protection should be reflected in the local intra-economic acts of the subjects of agricultural activity.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994696","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}
This scientific article examines the process of preparation and accession of the state to the European Union (EU) with an emphasis on the work of higher authorities. The authors analyze the key aspects and stages that include the transition to European norms and standards, as well as the reforms necessary to comply with EU standards. The article examines the role of parliament, government, and other authorities in the implementation of European policies and legislation, and evaluates their effectiveness in this process. The study is based on the analysis of practical steps and strategies that have been used by various countries during their path to EU accession. The main conclusions of the article are aimed at revealing the key factors of successful entry and work of higher authorities in this context, including political will, reform measures and mechanisms for monitoring and evaluating progress. Among the highest state authorities that that play an important role in the process of Ukraine's accession to the European Union are are: 1) the Parliament of Ukraine, which provides legislative regulation of the process of European integration process. The Verkhovna Rada of Ukraine, which has adopted a number of laws, aimed at harmonizing the current legislation with the EU requirements, in particular, in the human rights, corruption and economic reforms; 2) the President of Ukraine, who acts as the head of the delegation Ukraine's President, who acts as the head of Ukraine's delegation in negotiations with the EU. His active support is important to facilitate the process of European integration. The President has ordered a number of reforms and initiated important international agreements, such as Association Agreement with the EU; 3) the Government of Ukraine, whose key task is to implement reforms and European standards. Among the main priorities are justice, anti-corruption policy, increasing economic stability and social and social protection of the population.
{"title":"The role of higher government bodies in European integration processes of Ukraine","authors":"Olena Romtsiv, Nazar Levchuk","doi":"10.23939/law2023.40.419","DOIUrl":"https://doi.org/10.23939/law2023.40.419","url":null,"abstract":"This scientific article examines the process of preparation and accession of the state to the European Union (EU) with an emphasis on the work of higher authorities. The authors analyze the key aspects and stages that include the transition to European norms and standards, as well as the reforms necessary to comply with EU standards. The article examines the role of parliament, government, and other authorities in the implementation of European policies and legislation, and evaluates their effectiveness in this process. The study is based on the analysis of practical steps and strategies that have been used by various countries during their path to EU accession. The main conclusions of the article are aimed at revealing the key factors of successful entry and work of higher authorities in this context, including political will, reform measures and mechanisms for monitoring and evaluating progress. Among the highest state authorities that that play an important role in the process of Ukraine's accession to the European Union are are: 1) the Parliament of Ukraine, which provides legislative regulation of the process of European integration process. The Verkhovna Rada of Ukraine, which has adopted a number of laws, aimed at harmonizing the current legislation with the EU requirements, in particular, in the human rights, corruption and economic reforms; 2) the President of Ukraine, who acts as the head of the delegation Ukraine's President, who acts as the head of Ukraine's delegation in negotiations with the EU. His active support is important to facilitate the process of European integration. The President has ordered a number of reforms and initiated important international agreements, such as Association Agreement with the EU; 3) the Government of Ukraine, whose key task is to implement reforms and European standards. Among the main priorities are justice, anti-corruption policy, increasing economic stability and social and social protection of the population.","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":"138963782","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}
It was emphasized that in Ukraine, representatives of all types of law enforcement activities develop certain methods and measures to combat crime at the level of their own competence. Of course, there are national and regional programs, but specific bodies and their divisions have considerable freedom of action regarding the direction of professional implementation. This approach has positive points and some caveats. Guided by national programs, representatives of a specific law enforcement branch can determine on the ground the main "risk zones" and the contingent of citizens with whom it is expedient to work more intensively. The point of concern is that all services and units need to act in a coordinated manner so that preventive work is carried out in a planned manner and covers all areas of the population without gaps and duplication of measures. It is noted that the introduction of grant programs is a powerful factor for the full implementation of preventive measures to prevent crime. Each grant program provides for a specific direction of implementation of measures that will ensure work with the target audience based on a certain set of methods. Programs for work with minors are, as a rule, educational, those that cover the population in general - legal education, work with the elderly is aimed at familiarization with social guarantees and opportunities, in particular, with regard to inheritance law, lifetime maintenance contracts, etc. It was found out that today in all developed countries of the world, in particular in the USA, large-scale work on preventive activities is carried out at the state level. The authorized bodies develop perspective programs and create specialized units that implement these projects in practice. World practice on crime prevention is implemented through practical application after being established in the relevant regulatory and legal acts. Attention is focused on the importance of conducting preventive work with persons released from prisons in the context of their resocialization. Such persons need psychological and material support in order not to commit crimes due to the rejection of them by society, because many of them claim that it is easier for them to be in places of deprivation of liberty than in a prejudiced environment, when it is difficult to get a job, to restore lost social connections ties, etc.
{"title":"Criminal law approaches to the analysis of crime prevention programs in the USA","authors":"Maria Koval, Svitlana Soroka","doi":"10.23939/law2023.40.310","DOIUrl":"https://doi.org/10.23939/law2023.40.310","url":null,"abstract":"It was emphasized that in Ukraine, representatives of all types of law enforcement activities develop certain methods and measures to combat crime at the level of their own competence. Of course, there are national and regional programs, but specific bodies and their divisions have considerable freedom of action regarding the direction of professional implementation. This approach has positive points and some caveats. Guided by national programs, representatives of a specific law enforcement branch can determine on the ground the main \"risk zones\" and the contingent of citizens with whom it is expedient to work more intensively. The point of concern is that all services and units need to act in a coordinated manner so that preventive work is carried out in a planned manner and covers all areas of the population without gaps and duplication of measures. It is noted that the introduction of grant programs is a powerful factor for the full implementation of preventive measures to prevent crime. Each grant program provides for a specific direction of implementation of measures that will ensure work with the target audience based on a certain set of methods. Programs for work with minors are, as a rule, educational, those that cover the population in general - legal education, work with the elderly is aimed at familiarization with social guarantees and opportunities, in particular, with regard to inheritance law, lifetime maintenance contracts, etc. It was found out that today in all developed countries of the world, in particular in the USA, large-scale work on preventive activities is carried out at the state level. The authorized bodies develop perspective programs and create specialized units that implement these projects in practice. World practice on crime prevention is implemented through practical application after being established in the relevant regulatory and legal acts. Attention is focused on the importance of conducting preventive work with persons released from prisons in the context of their resocialization. Such persons need psychological and material support in order not to commit crimes due to the rejection of them by society, because many of them claim that it is easier for them to be in places of deprivation of liberty than in a prejudiced environment, when it is difficult to get a job, to restore lost social connections ties, etc.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994971","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 analysis of the current state and challenges in the field of cyber security in the banking sector of Ukraine. The work examines the key concepts and main aspects of cyber security in the context of the banking sector, especially because of the growing requirements for the protection of data and financial transactions in the digital space. The problems faced by the banking sphere of Ukraine in the context of cyber security are analyzed in detail, including issues of regulation, risk management, investments in the protection of information systems, and countering cybercrime. The article pays special attention to the experience of foreign countries in the field of cyber security of banks. Analyzes how foreign countries implement best practices and technologies to protect their systems and customer data. This provides possible directions for improving cyber security in the Ukrainian banking sector. The article ends with conclusions and recommendations regarding the development of a cyber security strategy for the banking sector of Ukraine, taking into account both internal challenges and the experience of international partners. They emphasize the need to change the paradigm of "cyber crime investigation" to "cyber risk prevention"
{"title":"Cyber security of the banking sector of Ukraine: concepts, problems and experience of foreign countries","authors":"I. Khomyshyn, Oksana Havts","doi":"10.23939/law2023.40.170","DOIUrl":"https://doi.org/10.23939/law2023.40.170","url":null,"abstract":"The article is devoted to the analysis of the current state and challenges in the field of cyber security in the banking sector of Ukraine. The work examines the key concepts and main aspects of cyber security in the context of the banking sector, especially because of the growing requirements for the protection of data and financial transactions in the digital space. The problems faced by the banking sphere of Ukraine in the context of cyber security are analyzed in detail, including issues of regulation, risk management, investments in the protection of information systems, and countering cybercrime. The article pays special attention to the experience of foreign countries in the field of cyber security of banks. Analyzes how foreign countries implement best practices and technologies to protect their systems and customer data. This provides possible directions for improving cyber security in the Ukrainian banking sector. The article ends with conclusions and recommendations regarding the development of a cyber security strategy for the banking sector of Ukraine, taking into account both internal challenges and the experience of international partners. They emphasize the need to change the paradigm of \"cyber crime investigation\" to \"cyber risk prevention\"","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138963667","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. Today, international experience shows that one of the main subjects of rule-making activity in developed democratic countries is the Ministry of Justice, which, due to its professional orientation, deals daily with regulatory and legal acts of all levels and, through legal examination, reveals the shortcomings of draft acts, warns adoption of illegal norms, and also carries out a significant amount of legislative works. The Ministry of Justice of Ukraine plays an important role in the processes of rule-making in Ukraine. Decree of the President of Ukraine dated November 26, 2003 № 1348 "On improving the organization of legislative activity" since January 2006, the Ministry of Justice has been entrusted with the functions of the main drafter of all bills submitted by the President of Ukraine and the Cabinet of Ministers for consideration by the Verkhovna Rada. However, in addition to the functions assigned to the Ministry of Justice, until 2023, the state authorities and local self-government bodies followed the methodological guidelines adopted by the Ministry of Justice of Ukraine entitled "Methodical recommendations for the development of draft laws and compliance with the requirements of regulatory and project engineering". Under the requirements set before Ukraine, as a state that has fixed the course of European integration and adaptation of national legislation in accordance with EU law (EU acquis), forced to adopt the law of Ukraine "On rule-making activity" [1]. According to that, the technique of normative design is a set of technical and legal means, ways, techniques and methods, with the help of which a draft of a normative legal act is created. "For the first time in 32 years, Ukraine received a 'law about laws,'" - said the Speaker of the Verkhovna Rada of Ukraine Ruslan Stefanchuk. Unlike Ukraine, in Poland in 2002 the Prime Minister of Poland adopted a sub-legal act, which until now regulates the requirements to regulations in this country.
{"title":"Practical aspects of law-making regarding acts of local government on the example of Poland and Ukraine","authors":"Maiia Pyvovar","doi":"10.23939/law2023.40.406","DOIUrl":"https://doi.org/10.23939/law2023.40.406","url":null,"abstract":"Abstract. Today, international experience shows that one of the main subjects of rule-making activity in developed democratic countries is the Ministry of Justice, which, due to its professional orientation, deals daily with regulatory and legal acts of all levels and, through legal examination, reveals the shortcomings of draft acts, warns adoption of illegal norms, and also carries out a significant amount of legislative works. The Ministry of Justice of Ukraine plays an important role in the processes of rule-making in Ukraine. Decree of the President of Ukraine dated November 26, 2003 № 1348 \"On improving the organization of legislative activity\" since January 2006, the Ministry of Justice has been entrusted with the functions of the main drafter of all bills submitted by the President of Ukraine and the Cabinet of Ministers for consideration by the Verkhovna Rada. However, in addition to the functions assigned to the Ministry of Justice, until 2023, the state authorities and local self-government bodies followed the methodological guidelines adopted by the Ministry of Justice of Ukraine entitled \"Methodical recommendations for the development of draft laws and compliance with the requirements of regulatory and project engineering\". Under the requirements set before Ukraine, as a state that has fixed the course of European integration and adaptation of national legislation in accordance with EU law (EU acquis), forced to adopt the law of Ukraine \"On rule-making activity\" [1]. According to that, the technique of normative design is a set of technical and legal means, ways, techniques and methods, with the help of which a draft of a normative legal act is created. \"For the first time in 32 years, Ukraine received a 'law about laws,'\" - said the Speaker of the Verkhovna Rada of Ukraine Ruslan Stefanchuk. Unlike Ukraine, in Poland in 2002 the Prime Minister of Poland adopted a sub-legal act, which until now regulates the requirements to regulations in this country.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"17 S3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138995367","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. Titan of labor Ivan Franko and Metropolitan Andrey Sheptytskyi wrote: "Love Ukraine not with a stream of loud and noisy phrases, but with quiet and tireless work. Loud, phraseological and, to a greater extent, insincere, because patriotism not supported by deeds must give way to respectable, silent, but deeply felt patriotism, which manifests itself not in words, but in work." Under the influence of information and political campaigns, society often uncritically accepts as its own the populist and dangerous words of public figures who, not knowing the true state of affairs in the judicial system of Ukraine and having never worked there for a single day, call themselves "experts" and undertake its "reform". In the absence of objective and reliable information about the level of trust in the judiciary and the impact of legislative changes on it, such persons, guided by their own reputational interests, form a false impression in society about the activities of the courts. This, in particular, concerns the expediency of using evaluative concepts in the regulation of the grounds for bringing judges to disciplinary responsibility and their correct interpretation. The Law of God was not chosen as an epigraph to the article by chance, because it was constructed precisely with the use of evaluative concepts, the key ones of which are "love" and "neighbor". And if the Lord Himself resorted to evaluative concepts in order to write the New Testament (agreement) with man, then it is useless to think that we, people, will be able to do without using this technique of legal technique. In Ukraine, as a democratic state, legislation must meet the criteria and principles defined by the Constitution of Ukraine. These are, in particular, the principled rule of law. The requirement of the rule of law, as established by the Constitutional Court of Ukraine, is compliance with the principle of legal certainty. This principle presupposes the uniform application of the rule of law, as well as the impossibility of its arbitrary interpretation. Legal certainty of the rule of law is a key condition for providing everyone with effective judicial protection by an independent court. According to the decision of the Constitutional Court of Ukraine (No. 6-r/2019 dated June 20, 2019), legal certainty includes such components as clarity, comprehensibility, and unambiguity of legal norms. According to this decision, "the legislator must strive for clarity and comprehensibility in the presentation of legal norms. Each person, in accordance with the specific circumstances, must orientate himself on which rule of law applies in a certain case, and have a clear understanding of the occurrence of specific legal consequences in the relevant legal relationship, taking into account the reasonable and foreseeable stability of the rules of law" (paragraphs 5, 6 sub. 4.1 clause 4 of the motivational part). And according to the decision of the Constitutional Court of Ukraine (from Fe
{"title":"On the question of holding a judge to responsibility for a judicial decision adopted by him","authors":"Nazar Hdanskyi","doi":"10.23939/law2023.40.272","DOIUrl":"https://doi.org/10.23939/law2023.40.272","url":null,"abstract":"Abstract. Titan of labor Ivan Franko and Metropolitan Andrey Sheptytskyi wrote: \"Love Ukraine not with a stream of loud and noisy phrases, but with quiet and tireless work. Loud, phraseological and, to a greater extent, insincere, because patriotism not supported by deeds must give way to respectable, silent, but deeply felt patriotism, which manifests itself not in words, but in work.\" Under the influence of information and political campaigns, society often uncritically accepts as its own the populist and dangerous words of public figures who, not knowing the true state of affairs in the judicial system of Ukraine and having never worked there for a single day, call themselves \"experts\" and undertake its \"reform\". In the absence of objective and reliable information about the level of trust in the judiciary and the impact of legislative changes on it, such persons, guided by their own reputational interests, form a false impression in society about the activities of the courts. This, in particular, concerns the expediency of using evaluative concepts in the regulation of the grounds for bringing judges to disciplinary responsibility and their correct interpretation. The Law of God was not chosen as an epigraph to the article by chance, because it was constructed precisely with the use of evaluative concepts, the key ones of which are \"love\" and \"neighbor\". And if the Lord Himself resorted to evaluative concepts in order to write the New Testament (agreement) with man, then it is useless to think that we, people, will be able to do without using this technique of legal technique. In Ukraine, as a democratic state, legislation must meet the criteria and principles defined by the Constitution of Ukraine. These are, in particular, the principled rule of law. The requirement of the rule of law, as established by the Constitutional Court of Ukraine, is compliance with the principle of legal certainty. This principle presupposes the uniform application of the rule of law, as well as the impossibility of its arbitrary interpretation. Legal certainty of the rule of law is a key condition for providing everyone with effective judicial protection by an independent court. According to the decision of the Constitutional Court of Ukraine (No. 6-r/2019 dated June 20, 2019), legal certainty includes such components as clarity, comprehensibility, and unambiguity of legal norms. According to this decision, \"the legislator must strive for clarity and comprehensibility in the presentation of legal norms. Each person, in accordance with the specific circumstances, must orientate himself on which rule of law applies in a certain case, and have a clear understanding of the occurrence of specific legal consequences in the relevant legal relationship, taking into account the reasonable and foreseeable stability of the rules of law\" (paragraphs 5, 6 sub. 4.1 clause 4 of the motivational part). And according to the decision of the Constitutional Court of Ukraine (from Fe","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"12 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138995379","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 researching the essence of methodology as a science as a whole, as well as specific problems of modern research methodology, in particular, in the field of criminal law and criminological science, in particular, on the basis of non-classical and post-classical approaches in methodology in the context of researching specific criminological problems of preventing the commission of criminal offenses regarding participants in criminal proceedings Attention was drawn to the fact that the discovery of a number of methodological problems (including in the field of criminological science) became a catalyst for the emergence of a large number of theoretical studies, in particular, related to new, sometimes revolutionary, conceptual approaches to the methodology of scientific knowledge in general, as well as to individual doctrines, first of all, in the fields of criminal law and criminal procedure, as well as in applied fields, in particular, sociology, statistics, psychology. Criminological science uses the methodological basis of these fields to study crime problems, in particular, in the field of socially dangerous encroachments on the rights, freedoms, and legitimate interests of participants in criminal proceedings. It was established that the modern research methodology in legal science, including and in the criminological field - in the field of crime prevention and countermeasures against participants in criminal proceedings, is implemented in the plane of the discursive direction of the general theory of systems (system approach) based on general scientific principles, as well as the principles of general philosophical classical methodology. However, in the process of conducting research in legal science, in particular, in criminology, more and more attention is paid to the doctrines of non-classical and post-non-classical methodology.
{"title":"Modern concepts of non-classical and post- non-classical methodology of cognition in the context of research on prevention (counteraction) of criminal offenses against participants in criminal proceedings","authors":"M. Huzela","doi":"10.23939/law2023.37.258","DOIUrl":"https://doi.org/10.23939/law2023.37.258","url":null,"abstract":"The article is devoted to the problem of researching the essence of methodology as a science as a whole, as well as specific problems of modern research methodology, in particular, in the field of criminal law and criminological science, in particular, on the basis of non-classical and post-classical approaches in methodology in the context of researching specific criminological problems of preventing the commission of criminal offenses regarding participants in criminal proceedings Attention was drawn to the fact that the discovery of a number of methodological problems (including in the field of criminological science) became a catalyst for the emergence of a large number of theoretical studies, in particular, related to new, sometimes revolutionary, conceptual approaches to the methodology of scientific knowledge in general, as well as to individual doctrines, first of all, in the fields of criminal law and criminal procedure, as well as in applied fields, in particular, sociology, statistics, psychology. Criminological science uses the methodological basis of these fields to study crime problems, in particular, in the field of socially dangerous encroachments on the rights, freedoms, and legitimate interests of participants in criminal proceedings. It was established that the modern research methodology in legal science, including and in the criminological field - in the field of crime prevention and countermeasures against participants in criminal proceedings, is implemented in the plane of the discursive direction of the general theory of systems (system approach) based on general scientific principles, as well as the principles of general philosophical classical methodology. However, in the process of conducting research in legal science, in particular, in criminology, more and more attention is paid to the doctrines of non-classical and post-non-classical methodology.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117088607","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 carries out a philosophical and legal analysis of existing approaches to the definition of "transitional justice" and forms the author's position regarding its understanding. Two features of the emergence of the model of transitional justice are singled out: 1) the studied model is built on practical experience, and later became the basis of theoretical studies on transitional justice; 2) this model arises at the initiative of the international community as a reaction to repeated violations of human rights. It was determined that despite the general nature of the definition of transitional justice defined by the UN, many researchers criticize it for the following reasons: firstly, its content does not cover the occasions of changes in political regimes during which human rights were violated; secondly, it does not indicate the admissibility or inadmissibility of using the concept of transitional justice during an armed conflict, or the possibility of its application only after the end of the conflict; thirdly, the definition defined by the UN does not reflect the relationship between transitional justice and international law. The author's definition of transitional justice is proposed, it is a set of tools, processes and mechanisms aimed at overcoming the consequences of human rights abuses in the context of armed conflicts and/or changes in political regimes, which consist, first of all, in bringing to justice those guilty of committed offenses, compensation for damage (as moral and material), establishing the truth about the circumstances in which human rights were violated, achieving reconciliation and establishing justice.
{"title":"The problem of the definition of the «transitional judge» in the modern philosophical and legal discourse","authors":"Oxana Klym, Victoria Chornopyska","doi":"10.23939/law2023.37.092","DOIUrl":"https://doi.org/10.23939/law2023.37.092","url":null,"abstract":"The article carries out a philosophical and legal analysis of existing approaches to the definition of \"transitional justice\" and forms the author's position regarding its understanding. Two features of the emergence of the model of transitional justice are singled out: 1) the studied model is built on practical experience, and later became the basis of theoretical studies on transitional justice; 2) this model arises at the initiative of the international community as a reaction to repeated violations of human rights. It was determined that despite the general nature of the definition of transitional justice defined by the UN, many researchers criticize it for the following reasons: firstly, its content does not cover the occasions of changes in political regimes during which human rights were violated; secondly, it does not indicate the admissibility or inadmissibility of using the concept of transitional justice during an armed conflict, or the possibility of its application only after the end of the conflict; thirdly, the definition defined by the UN does not reflect the relationship between transitional justice and international law. The author's definition of transitional justice is proposed, it is a set of tools, processes and mechanisms aimed at overcoming the consequences of human rights abuses in the context of armed conflicts and/or changes in political regimes, which consist, first of all, in bringing to justice those guilty of committed offenses, compensation for damage (as moral and material), establishing the truth about the circumstances in which human rights were violated, achieving reconciliation and establishing justice.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123790953","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 the legal framework for the organization and exercise of public authority in Ukraine under martial law. It is found that public authority is exercised in various forms by a wide range of authorized entities. Among the characteristic features of public power are the following: it is aimed at fulfilling public tasks and functions; it functions through the relevant public institutions; it is legitimate; it has an apparatus designed to exercise this power, which is separated from the population; it unites those subject to it on a territorial basis; it covers all persons in the relevant territory; it is continuous in functioning; it is aimed at resolving all matters of public importance; it functions in legal forms. It is revealed that the legal basis for the organization and operation of public authorities should be understood as a system of regulations which define the functions, competence, forms and methods of operation of public authorities and local self-government bodies, as well as their structural subdivisions. The authorspoint out that the quintessence of legal regulation of the principles of organization and exercise of public power in Ukraine is its subordination to the highest goal of the state – the establishment and ensuring of human rights and freedoms. The authors establish that martial law is a special legal regime introduced in Ukraine or in certain of its localities in the event of armed aggression or a threat of attack, a threat to the state independence of Ukraine, its territorial integrity, and provides for the granting of the relevant public authorities, military command, military administrations and local self-government bodies with the powers necessary to avert the threat, repel armed aggression and ensure national security, eliminate the threat to the state independence of Ukraine, its territorial integrity and the It is stated that the introduction of martial law in Ukraine has led to many changes, including those related to the organization and exercise of public power. In the area of implementation of public administration functions by public authorities, this means the introduction of certain peculiarities. It is noted that one of the main options for the efficiency of organization and exercise of public authority under martial law is a complete consolidation of efforts and mutual understanding at all levels, which is critically important in wartime.
{"title":"Legal principles of the organization and exercise of public authority in Ukraine under the conditions of marital state","authors":"В. Melnychenko, Yuliia Rudnytska","doi":"10.23939/law2023.37.297","DOIUrl":"https://doi.org/10.23939/law2023.37.297","url":null,"abstract":"The article analyzes the legal framework for the organization and exercise of public authority in Ukraine under martial law. It is found that public authority is exercised in various forms by a wide range of authorized entities. Among the characteristic features of public power are the following: it is aimed at fulfilling public tasks and functions; it functions through the relevant public institutions; it is legitimate; it has an apparatus designed to exercise this power, which is separated from the population; it unites those subject to it on a territorial basis; it covers all persons in the relevant territory; it is continuous in functioning; it is aimed at resolving all matters of public importance; it functions in legal forms. It is revealed that the legal basis for the organization and operation of public authorities should be understood as a system of regulations which define the functions, competence, forms and methods of operation of public authorities and local self-government bodies, as well as their structural subdivisions. The authorspoint out that the quintessence of legal regulation of the principles of organization and exercise of public power in Ukraine is its subordination to the highest goal of the state – the establishment and ensuring of human rights and freedoms. The authors establish that martial law is a special legal regime introduced in Ukraine or in certain of its localities in the event of armed aggression or a threat of attack, a threat to the state independence of Ukraine, its territorial integrity, and provides for the granting of the relevant public authorities, military command, military administrations and local self-government bodies with the powers necessary to avert the threat, repel armed aggression and ensure national security, eliminate the threat to the state independence of Ukraine, its territorial integrity and the It is stated that the introduction of martial law in Ukraine has led to many changes, including those related to the organization and exercise of public power. In the area of implementation of public administration functions by public authorities, this means the introduction of certain peculiarities. It is noted that one of the main options for the efficiency of organization and exercise of public authority under martial law is a complete consolidation of efforts and mutual understanding at all levels, which is critically important in wartime.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130873162","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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