he article discloses the subject composition of the procedure of conciliation of the parties in the administrative proceedings of Ukraine and EU member states. It is noted that the main subjects of the procedure of conciliation of the parties in administrative proceedings are the parties to the dispute themselves, who wished to reconcile, and the legislation should influence these subjects only with the aim of facilitating their achievement of peace. It is indicated that today the judge appears in the conciliation procedure as: 1) "relatively active conciliator"; 2) the subject of judicial control over compliance with legality in the reconciliation procedure; 3) the legalizer of the terms of reconciliation. In practical reality, this role of the judge is manifested in the fact that the terms of reconciliation of the parties to a public-law dispute, which they set out in the application for reconciliation, acquire legal significance for them (create real legal obligations for the parties, which they must comply with) only after , as the judge approves them. It was established that in Ukraine there is a simple model of the subject composition of the parties' reconciliation in administrative proceedings, which is characterized by certain elements of a relatively complicated model of the corresponding subject composition (the judge encourages the parties to try to reconcile, however, does not provide them with certain options for reconciliation, which they should be considered). It is noted that, unlike in Ukraine, a judge in the French Republic can not only suggest that the parties to the dispute resort to the conciliation procedure, but also oblige them to try to reconcile when he sees this as a real possibility. It was concluded that in some EU member states (for example, in the Kingdom of Spain), in which public-law disputes can be resolved through judicial conciliation (conciliation in administrative proceedings), a judge can act as a "relatively active conciliator", who, having convinced himself of the possibility to reconcile the parties to the dispute, can form for them an option (options) of reconciliation that can be accepted (modified, rejected). In addition, in some EU member states (French Republic and Kingdom of Spain), the activity of conciliators, who are certified lawyers (as a rule, lawyers), is provided for.
{"title":"Subject composition of the procedure for conciliation of the parties in the administrative judiciary of Ukraine and EU member states","authors":"Maria Slyvka, Vasyl Slyvka","doi":"10.23939/law2023.37.195","DOIUrl":"https://doi.org/10.23939/law2023.37.195","url":null,"abstract":"he article discloses the subject composition of the procedure of conciliation of the parties in the administrative proceedings of Ukraine and EU member states. It is noted that the main subjects of the procedure of conciliation of the parties in administrative proceedings are the parties to the dispute themselves, who wished to reconcile, and the legislation should influence these subjects only with the aim of facilitating their achievement of peace. It is indicated that today the judge appears in the conciliation procedure as: 1) \"relatively active conciliator\"; 2) the subject of judicial control over compliance with legality in the reconciliation procedure; 3) the legalizer of the terms of reconciliation. In practical reality, this role of the judge is manifested in the fact that the terms of reconciliation of the parties to a public-law dispute, which they set out in the application for reconciliation, acquire legal significance for them (create real legal obligations for the parties, which they must comply with) only after , as the judge approves them. It was established that in Ukraine there is a simple model of the subject composition of the parties' reconciliation in administrative proceedings, which is characterized by certain elements of a relatively complicated model of the corresponding subject composition (the judge encourages the parties to try to reconcile, however, does not provide them with certain options for reconciliation, which they should be considered). It is noted that, unlike in Ukraine, a judge in the French Republic can not only suggest that the parties to the dispute resort to the conciliation procedure, but also oblige them to try to reconcile when he sees this as a real possibility. It was concluded that in some EU member states (for example, in the Kingdom of Spain), in which public-law disputes can be resolved through judicial conciliation (conciliation in administrative proceedings), a judge can act as a \"relatively active conciliator\", who, having convinced himself of the possibility to reconcile the parties to the dispute, can form for them an option (options) of reconciliation that can be accepted (modified, rejected). In addition, in some EU member states (French Republic and Kingdom of Spain), the activity of conciliators, who are certified lawyers (as a rule, lawyers), is provided for.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"14 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":"115468004","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 above-mentioned problems are primarily determined by the importance of using legal prohibitions as methods and methods of legal regulation designed to ensure the normal development and existence of society and relations that arise both in society and in the state as a whole. In connection with the difficult political, economic and social situation that has developed in Ukraine, and which is caused by the fact that the country is in a state of hostilities, the loss of part of the country's territory, as well as the systematic, thorough implementation of reforms in all spheres of public life, with the aim of reaching the level of legal support that would correspond to the level of a European country, the use (establishment) of legal prohibitions increased in legislative activity. The problem of legal prohibitions as a special legal method, or even a tool used to regulate social relations, has been studied and highlighted since the time of the formation of the state. In fact, legal prohibitions arose together with society, and were the first social norms, the task of which was to insert mandatory rules of behavior, as a result of which the process of protecting the rights and freedoms of society took place. Legal prohibitions due to their simplicity in understanding and ease of implementation have shown their effectiveness in practice. Based on the analytical understanding of a large array of professional publications that to one degree or another relate to the subject of research, taking into account the peculiarities of the source legal framework, on the basis of which specific historical events of a state-political and legal nature took place, choosing the most optimal methodology for the study and analysis of historical, social, state- of legal and legal phenomena, a comprehensive solution to the problem of formation and development of prohibition as a method of legal regulation, relevant for the science of legal theory, was carried out.
{"title":"Prohibition as a subject of research by legal scholars","authors":"M. Kelman, R. Kelman","doi":"10.23939/law2023.37.083","DOIUrl":"https://doi.org/10.23939/law2023.37.083","url":null,"abstract":"The above-mentioned problems are primarily determined by the importance of using legal prohibitions as methods and methods of legal regulation designed to ensure the normal development and existence of society and relations that arise both in society and in the state as a whole. In connection with the difficult political, economic and social situation that has developed in Ukraine, and which is caused by the fact that the country is in a state of hostilities, the loss of part of the country's territory, as well as the systematic, thorough implementation of reforms in all spheres of public life, with the aim of reaching the level of legal support that would correspond to the level of a European country, the use (establishment) of legal prohibitions increased in legislative activity. The problem of legal prohibitions as a special legal method, or even a tool used to regulate social relations, has been studied and highlighted since the time of the formation of the state. In fact, legal prohibitions arose together with society, and were the first social norms, the task of which was to insert mandatory rules of behavior, as a result of which the process of protecting the rights and freedoms of society took place. Legal prohibitions due to their simplicity in understanding and ease of implementation have shown their effectiveness in practice. Based on the analytical understanding of a large array of professional publications that to one degree or another relate to the subject of research, taking into account the peculiarities of the source legal framework, on the basis of which specific historical events of a state-political and legal nature took place, choosing the most optimal methodology for the study and analysis of historical, social, state- of legal and legal phenomena, a comprehensive solution to the problem of formation and development of prohibition as a method of legal regulation, relevant for the science of legal theory, was carried out.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"14 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":"123709446","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}
Crime, as a manifestation of illegal encroachments, is one of the urgent problems of our state, and counteracting it is an important area of activity of the state in general, and law enforcement agencies in particular. At all times, mercenary-violent crime was perceived as a serious threat to the highest social values, which led to public demand for effective forms of counteraction and protection of the interests of people, society and the state from mercenary violent encroachments, reducing the risk of falling victim to these crimes. The concept of "violence" is currently widely used not only in everyday life, but is also included in the terminological apparatus of various sciences. Philosophy, psychology, criminal law, criminology, forensics and other sciences approach the solution of the problem of defining the concept of "violence" independently, without using already existing definitions in related fields. The definition of violence may vary depending on the purposes of its use. This is due to the fact that the violence itself has a rather "wide format". It is a social and legal phenomenon, not limited by the framework of criminal law. In other words, violence can include both criminal offenses and administrative offenses, as well as other forms of behavior that are not formally delicts, but contradict the generally accepted and approved norms of behavior, forming prerequisites for violent crime as such. In this regard, it is necessary to specify that in the context of the real study, only the criminal law concept of violence will be used, evaluated from the standpoint of the criminal law as an offense and, accordingly, possessing all its features. Such a concept is necessary for clearly defining the subject of research, operating on it to distinguish related problems in the process of studying empirical material.
{"title":"Victimology apparatus for domestic violence research","authors":"Oleksii Humin","doi":"10.23939/law2023.37.265","DOIUrl":"https://doi.org/10.23939/law2023.37.265","url":null,"abstract":"Crime, as a manifestation of illegal encroachments, is one of the urgent problems of our state, and counteracting it is an important area of activity of the state in general, and law enforcement agencies in particular. At all times, mercenary-violent crime was perceived as a serious threat to the highest social values, which led to public demand for effective forms of counteraction and protection of the interests of people, society and the state from mercenary violent encroachments, reducing the risk of falling victim to these crimes. The concept of \"violence\" is currently widely used not only in everyday life, but is also included in the terminological apparatus of various sciences. Philosophy, psychology, criminal law, criminology, forensics and other sciences approach the solution of the problem of defining the concept of \"violence\" independently, without using already existing definitions in related fields. The definition of violence may vary depending on the purposes of its use. This is due to the fact that the violence itself has a rather \"wide format\". It is a social and legal phenomenon, not limited by the framework of criminal law. In other words, violence can include both criminal offenses and administrative offenses, as well as other forms of behavior that are not formally delicts, but contradict the generally accepted and approved norms of behavior, forming prerequisites for violent crime as such. In this regard, it is necessary to specify that in the context of the real study, only the criminal law concept of violence will be used, evaluated from the standpoint of the criminal law as an offense and, accordingly, possessing all its features. Such a concept is necessary for clearly defining the subject of research, operating on it to distinguish related problems in the process of studying empirical material.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"171 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":"133192774","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 considers financial security as an object of financial criminal offenses based on a comprehensive systemic analysis in the context of economic reform. Evolutionary, formal-legal and comparative-legal methods of research of criminal-legal phenomena are used in the research. Measures of criminal legal protection of the country's financial system are currently not effective, they do not take into account the changes that are taking place in the field of financial activity of the state, which leads to a change in the object of financial criminal offenses. This determines the relevance of the research. The object of the study is a set of social relations arising in connection with the commission of criminal offenses in the sphere of state financial activity. The subject of the research is the norms of criminal legislation. The peculiarities of criminogenic-formative features, which determine the specificity of the composition of a criminal offense and other categories of the doctrine of criminal offenses in the context of a financial offense, have been revealed. The grounds for determining the object of financial criminal offenses are financial security from the point of view of the interests of individuals and legal entities, society and the state, public relations in the field of financial activity, public danger in the context of violations of financial legislation. It was noted that an adequate response to the threat of financial crime from the point of view of the criminal law is possible under the condition of further comprehensive research on issues of criminal liability for financial criminal offenses, timely clarification of the criminal law in response to the reform of financial relations and the emergence of new forms of financial crime, qualitative methodological support of law enforcement practice, which contributes to the development of unified approaches to ensuring the financial security of the individual, society and the state.
{"title":"Financial security as an object of financial criminal offenses","authors":"Anatolii Kryzhanovskyi","doi":"10.23939/law2023.37.271","DOIUrl":"https://doi.org/10.23939/law2023.37.271","url":null,"abstract":"The article considers financial security as an object of financial criminal offenses based on a comprehensive systemic analysis in the context of economic reform. Evolutionary, formal-legal and comparative-legal methods of research of criminal-legal phenomena are used in the research. Measures of criminal legal protection of the country's financial system are currently not effective, they do not take into account the changes that are taking place in the field of financial activity of the state, which leads to a change in the object of financial criminal offenses. This determines the relevance of the research. The object of the study is a set of social relations arising in connection with the commission of criminal offenses in the sphere of state financial activity. The subject of the research is the norms of criminal legislation. The peculiarities of criminogenic-formative features, which determine the specificity of the composition of a criminal offense and other categories of the doctrine of criminal offenses in the context of a financial offense, have been revealed. The grounds for determining the object of financial criminal offenses are financial security from the point of view of the interests of individuals and legal entities, society and the state, public relations in the field of financial activity, public danger in the context of violations of financial legislation. It was noted that an adequate response to the threat of financial crime from the point of view of the criminal law is possible under the condition of further comprehensive research on issues of criminal liability for financial criminal offenses, timely clarification of the criminal law in response to the reform of financial relations and the emergence of new forms of financial crime, qualitative methodological support of law enforcement practice, which contributes to the development of unified approaches to ensuring the financial security of the individual, society and the state.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"36 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":"116277952","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 examines the possibility of conducting some types of expert examinations in cases of road accidents before the opening of criminal proceedings, discusses the debatable issues related to the violation of the personal interests of the participants at the stage of opening criminal proceedings and the unjustified delay in making a decision to open criminal proceedings or to refuse them. The considered proposal to allow the conduct of certain types of forensic examinations at the stage of the opening of criminal proceedings for the purpose of verifying statements and reports about the commission of a criminal offense based on the current practice of appointing forensic medical examinations in certain categories of cases and conducting an inspection of the scene of the incident. The opinion was expressed regarding the lack of grounds for not granting permission to carry out an examination before the opening of criminal proceedings in view of the creation of a dangerous precedent of violation of the law in terms of the mandatory condition for conducting investigative actions only in open criminal proceedings. The appointment and conducting of an examination prior to the opening of criminal proceedings primarily refers to examinations on the facts of road accidents, when without the use of special knowledge it is practically impossible to establish the signs of the nature of the crime and to resolve the issue of opening criminal proceedings. The article concludes that conducting an examination before the opening of criminal proceedings does not violate the personal interests of the participants who have not yet received their procedural status at this stage. In contrast to the previous study, only the completion of the examination in full meets the legal requirements for the evidentiary resolution of special issues. In order to obtain evidentiary information when solving the question of the validity of opening criminal proceedings at the legislative level, it is proposed to provide for the possibility of conducting some types of examinations, in particular, during events related to fires, explosions, transport and technological accidents, etc.
{"title":"On the possibility of conducting certain types of examinations in cases about road accidents before the opening of criminal proceedings","authors":"V. Baranyak","doi":"10.23939/law2023.37.253","DOIUrl":"https://doi.org/10.23939/law2023.37.253","url":null,"abstract":"The article examines the possibility of conducting some types of expert examinations in cases of road accidents before the opening of criminal proceedings, discusses the debatable issues related to the violation of the personal interests of the participants at the stage of opening criminal proceedings and the unjustified delay in making a decision to open criminal proceedings or to refuse them. The considered proposal to allow the conduct of certain types of forensic examinations at the stage of the opening of criminal proceedings for the purpose of verifying statements and reports about the commission of a criminal offense based on the current practice of appointing forensic medical examinations in certain categories of cases and conducting an inspection of the scene of the incident. The opinion was expressed regarding the lack of grounds for not granting permission to carry out an examination before the opening of criminal proceedings in view of the creation of a dangerous precedent of violation of the law in terms of the mandatory condition for conducting investigative actions only in open criminal proceedings. The appointment and conducting of an examination prior to the opening of criminal proceedings primarily refers to examinations on the facts of road accidents, when without the use of special knowledge it is practically impossible to establish the signs of the nature of the crime and to resolve the issue of opening criminal proceedings. The article concludes that conducting an examination before the opening of criminal proceedings does not violate the personal interests of the participants who have not yet received their procedural status at this stage. In contrast to the previous study, only the completion of the examination in full meets the legal requirements for the evidentiary resolution of special issues. In order to obtain evidentiary information when solving the question of the validity of opening criminal proceedings at the legislative level, it is proposed to provide for the possibility of conducting some types of examinations, in particular, during events related to fires, explosions, transport and technological accidents, etc.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 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":"114073461","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 theoretical and legal study of religious organizations as participants in the discourse of the concept of human rights, clarification of the peculiarities of their perception of human rights in the historical context. It is proved that the contribution of Western and Eastern religious organizations to the development of the concept of human rights is not homologous. Human rights theory is a legacy of Western civilization, and it is natural that Western religious organizations (both Catholic and Protestant) develop their human rights teachings within this cultural paradigm. World religious organizations in their social doctrines define their own position regarding certain human rights. Catholic and Protestant religious organizations were the first to form such doctrines, and at the end of the 20th century. this issue became relevant in the Orthodox Churches as well. It has been found that two polar positions can be traced in the modern leading religions of the world, on the one hand, emphasis is placed on the observance of all human rights declared by international legal documents, on the other hand, differences in their understanding of human rights and liberal legal interpretation are indicated. The position they take depends on which aspects of this problem they consider to be their priority
{"title":"Religious organizations as participants in the discourse of the concept of human rights","authors":"M. Sheptytska","doi":"10.23939/law2023.37.128","DOIUrl":"https://doi.org/10.23939/law2023.37.128","url":null,"abstract":"The article carries out a theoretical and legal study of religious organizations as participants in the discourse of the concept of human rights, clarification of the peculiarities of their perception of human rights in the historical context. It is proved that the contribution of Western and Eastern religious organizations to the development of the concept of human rights is not homologous. Human rights theory is a legacy of Western civilization, and it is natural that Western religious organizations (both Catholic and Protestant) develop their human rights teachings within this cultural paradigm. World religious organizations in their social doctrines define their own position regarding certain human rights. Catholic and Protestant religious organizations were the first to form such doctrines, and at the end of the 20th century. this issue became relevant in the Orthodox Churches as well. It has been found that two polar positions can be traced in the modern leading religions of the world, on the one hand, emphasis is placed on the observance of all human rights declared by international legal documents, on the other hand, differences in their understanding of human rights and liberal legal interpretation are indicated. The position they take depends on which aspects of this problem they consider to be their priority","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 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":"129601027","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 deals with the theoretical and practical basis of implementation of the principle of reliability of information in the field of ensuring access to information. To conduct the research, the author used general scientific and specialized methods of cognition, namely comparative and legal, formal and juridical, method of legal modeling, method of system analysis and others. The goal of the research is to develop theoretical fundamentals which specify peculiarities of implementing the principle of reliability of information. It is marked that the problems of reliability of information have recently attracted scientists’ great attention and become the object of information and legal scientific researches devoted to ensuring reliability within the framework of certain legal relationship. The work analyzes doctrinal ideas about reliability as a general property of information, factors influencing appearance of false information. The researcher makes review of the scientific literature and opinions concerning the category of “reliable information” in jurisprudence. Reliable information is considered as accurate, complete data representing objective reality, admitted by subjects of the developing relationship. To assure such conditions, different legal and other tools can be used, including publication, official introduction into specialized registers, as well as other information and legal systems, into the state (public) information systems, appeal to the presumption of reliability of information, etc. The information and legal principle of reliability should be viewed as an independent aspect which consists in the necessity of providing, obtaining, keeping, producing and distributing information that is true regardless of the principle of timeliness of information. The author proves the system character of the legal support for reliability of information, identifies a system of legal support for reliability of information, defines its features, functions, peculiarities and tendencies of development in the process of providing access to information in the age of developing information society, digital transformation and transition to the knowledge society.
{"title":"Implementation of the principle of reliability of information in the field of providing access to information","authors":"Nataliia Lesko","doi":"10.23939/law2023.37.153","DOIUrl":"https://doi.org/10.23939/law2023.37.153","url":null,"abstract":"The article deals with the theoretical and practical basis of implementation of the principle of reliability of information in the field of ensuring access to information. To conduct the research, the author used general scientific and specialized methods of cognition, namely comparative and legal, formal and juridical, method of legal modeling, method of system analysis and others. The goal of the research is to develop theoretical fundamentals which specify peculiarities of implementing the principle of reliability of information. It is marked that the problems of reliability of information have recently attracted scientists’ great attention and become the object of information and legal scientific researches devoted to ensuring reliability within the framework of certain legal relationship. The work analyzes doctrinal ideas about reliability as a general property of information, factors influencing appearance of false information. The researcher makes review of the scientific literature and opinions concerning the category of “reliable information” in jurisprudence. Reliable information is considered as accurate, complete data representing objective reality, admitted by subjects of the developing relationship. To assure such conditions, different legal and other tools can be used, including publication, official introduction into specialized registers, as well as other information and legal systems, into the state (public) information systems, appeal to the presumption of reliability of information, etc. The information and legal principle of reliability should be viewed as an independent aspect which consists in the necessity of providing, obtaining, keeping, producing and distributing information that is true regardless of the principle of timeliness of information. The author proves the system character of the legal support for reliability of information, identifies a system of legal support for reliability of information, defines its features, functions, peculiarities and tendencies of development in the process of providing access to information in the age of developing information society, digital transformation and transition to the knowledge society.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"12 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":"128021091","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 defines the legal imperatives of tolerance of social relations. The problem of tolerance is connected with a number of fundamental philosophical and worldview questions that affect the understanding of man, his identity, civic position, the possibilities and limits of nation- and state-building, the democratization of social life, the dialogue of cultures and civilizations, and the search for a "sophia" discourse of tolerance. It was noted that tolerance is one of the values that is usually associated with the European style of legal thinking. Tolerance is not just a value that is given a legal meaning (that is, an end value), but a value that is legal in its content (that is, a means value). It is concluded that the tolerance of social relations is inextricably linked with the application of law, the forms of its implementation, the implementation of legal activities, as well as ensuring the rights and legitimate interests of a person. Ideally, the entire legal system should be based on tolerance, serve as a means of its expression, consolidation, protection and protection. Being introduced into the practice of implementing the current law, tolerance acquires legal features that determine its official level. Ukraine's aspiration to join international organizations should be based on the recognition of the main international legal documents, which enshrine the principle of tolerance.
{"title":"Legal imperatives of society tolerance relationship","authors":"T. Harasymiv, Petro Lepisevych","doi":"10.23939/law2023.37.052","DOIUrl":"https://doi.org/10.23939/law2023.37.052","url":null,"abstract":"The article defines the legal imperatives of tolerance of social relations. The problem of tolerance is connected with a number of fundamental philosophical and worldview questions that affect the understanding of man, his identity, civic position, the possibilities and limits of nation- and state-building, the democratization of social life, the dialogue of cultures and civilizations, and the search for a \"sophia\" discourse of tolerance. It was noted that tolerance is one of the values that is usually associated with the European style of legal thinking. Tolerance is not just a value that is given a legal meaning (that is, an end value), but a value that is legal in its content (that is, a means value). It is concluded that the tolerance of social relations is inextricably linked with the application of law, the forms of its implementation, the implementation of legal activities, as well as ensuring the rights and legitimate interests of a person. Ideally, the entire legal system should be based on tolerance, serve as a means of its expression, consolidation, protection and protection. Being introduced into the practice of implementing the current law, tolerance acquires legal features that determine its official level. Ukraine's aspiration to join international organizations should be based on the recognition of the main international legal documents, which enshrine the principle of tolerance.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"37 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":"131838252","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 clarifies the issue of legal regulation of financial relations during martial law in Ukraine. Changes in the powers of the Cabinet of Ministers of Ukraine, the Minister of Finance of Ukraine, the State Treasury Service of Ukraine, the National Bank of Ukraine, the Supreme Commander-in-Chief of the Armed Forces of Ukraine, military administrations, and local bodies during this period were considered. It is justified that the purpose of making changes to the budget legislation is primarily to ensure: priority financing of security and defense expenditures, their increase and redistribution between budgets; formation of the reserve fund of the State Budget of Ukraine; treasury service of funds of local budgets of settlements located in territories where martial law has been imposed, and managers (recipients) of budget funds who may be in settlements in temporarily uncontrolled territory. It is concluded that changes in the legal regulation of banking and currency relations contributed to: ensuring the convenience, speed and availability of financial services; the creation of the Power Banking network and the introduction of ATM national roaming for uninterrupted operation of the banking system, including in blackout conditions; weakening of the negative impact of uncontrolled devaluation, deficit of foreign exchange receipts on the foreign exchange market; ensuring exchange rate stability of the hryvnia; maintaining the stability of the banking system of Ukraine during this period.
{"title":"Current issues of legal regulation of financial relations under the conditions of martial state in Ukraine","authors":"E. Dmytrenko","doi":"10.23939/law2023.37.236","DOIUrl":"https://doi.org/10.23939/law2023.37.236","url":null,"abstract":"The article clarifies the issue of legal regulation of financial relations during martial law in Ukraine. Changes in the powers of the Cabinet of Ministers of Ukraine, the Minister of Finance of Ukraine, the State Treasury Service of Ukraine, the National Bank of Ukraine, the Supreme Commander-in-Chief of the Armed Forces of Ukraine, military administrations, and local bodies during this period were considered. It is justified that the purpose of making changes to the budget legislation is primarily to ensure: priority financing of security and defense expenditures, their increase and redistribution between budgets; formation of the reserve fund of the State Budget of Ukraine; treasury service of funds of local budgets of settlements located in territories where martial law has been imposed, and managers (recipients) of budget funds who may be in settlements in temporarily uncontrolled territory. It is concluded that changes in the legal regulation of banking and currency relations contributed to: ensuring the convenience, speed and availability of financial services; the creation of the Power Banking network and the introduction of ATM national roaming for uninterrupted operation of the banking system, including in blackout conditions; weakening of the negative impact of uncontrolled devaluation, deficit of foreign exchange receipts on the foreign exchange market; ensuring exchange rate stability of the hryvnia; maintaining the stability of the banking system of Ukraine during this period.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"106 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":"116816873","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}
{"title":"Methodological fundamentals of human rights research","authors":"D. Zabzaliuk, Ruslan Topolevsky","doi":"10.23939/law2023.37.014","DOIUrl":"https://doi.org/10.23939/law2023.37.014","url":null,"abstract":"","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"59 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":"121558422","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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