The article proves the relevance of the study of the administrative and legal characteristics of court decisions in view of modern significance of the solution to this scientific problem, which is determined by the expression of legal reality within the scope of the administration of justice. This will provide an opportunity not only to substantiate the understanding of the phenomenon of justice as a way of exercising judicial power from the point of view of administrative law, but also to identify areas that need improvement. In this context, one of these areas is judicial decisions, because the modern interpretation of law as a system that regulates relations in the subsystems "man – man", "man – society" and "man – state" accumulates anthropological and humanistic dimensions. Therefore, the court, as an institution aimed at resolving disputes arising in these subsystems, is called upon to issue primarily legally based decisions. During the analysis of the declared issues, it was found that on the basis of the understanding of the administrative and legal principles of court decisions, the possibility of researching still unresolved legal problems of the judiciary, including the legality of such decisions as the concept of legal reality, raising the level of legal awareness, and forming law-abiding behavior, is actualized. Moreover, it makes it possible to assert that the higher the level of law and order in the state, the lower the level of crimes. Therefore, the article emphasizes the importance of recognizing that each of the participants in the legal process – the plaintiff and the defendant, has the right to submit data on the basis of which the court can draw conclusions about the presence or absence of signs of an offense in the actions (inaction) of the parties and force the participants in the legal process to perform certain actions. Under such conditions, the thesis is confirmed that the number of offenses is lower in those countries where the level of law and order is consistently high, and, therefore, the number of appeals to court to restore violated rights and freedoms is much lower than in those countries where the level of law and order is lower. Thus, the article makes it possible to state that in such states a significant percentage of the population consciously builds their behavior in accordance with the requirements of the law, and relations in the subsystem "man - state" are based on the principles of legality, mutual respect, recognition of a man as the greatest value of the state, etc. The legal order, which directly affects the presentation of evidence in administrative proceedings, is also well-founded, since the number of people who are consciously guided in their behavior by the requirements of the law increases every time, and, accordingly, these people do not allow violations of the law or violations against themselves in their professional activities from the side of public administration; constant development of
{"title":"Administrative and legal characteristics of court decisions","authors":"M. Blikhar","doi":"10.23939/law2023.37.140","DOIUrl":"https://doi.org/10.23939/law2023.37.140","url":null,"abstract":"The article proves the relevance of the study of the administrative and legal characteristics of court decisions in view of modern significance of the solution to this scientific problem, which is determined by the expression of legal reality within the scope of the administration of justice. This will provide an opportunity not only to substantiate the understanding of the phenomenon of justice as a way of exercising judicial power from the point of view of administrative law, but also to identify areas that need improvement. In this context, one of these areas is judicial decisions, because the modern interpretation of law as a system that regulates relations in the subsystems \"man – man\", \"man – society\" and \"man – state\" accumulates anthropological and humanistic dimensions. Therefore, the court, as an institution aimed at resolving disputes arising in these subsystems, is called upon to issue primarily legally based decisions. During the analysis of the declared issues, it was found that on the basis of the understanding of the administrative and legal principles of court decisions, the possibility of researching still unresolved legal problems of the judiciary, including the legality of such decisions as the concept of legal reality, raising the level of legal awareness, and forming law-abiding behavior, is actualized. Moreover, it makes it possible to assert that the higher the level of law and order in the state, the lower the level of crimes. Therefore, the article emphasizes the importance of recognizing that each of the participants in the legal process – the plaintiff and the defendant, has the right to submit data on the basis of which the court can draw conclusions about the presence or absence of signs of an offense in the actions (inaction) of the parties and force the participants in the legal process to perform certain actions. Under such conditions, the thesis is confirmed that the number of offenses is lower in those countries where the level of law and order is consistently high, and, therefore, the number of appeals to court to restore violated rights and freedoms is much lower than in those countries where the level of law and order is lower. Thus, the article makes it possible to state that in such states a significant percentage of the population consciously builds their behavior in accordance with the requirements of the law, and relations in the subsystem \"man - state\" are based on the principles of legality, mutual respect, recognition of a man as the greatest value of the state, etc. The legal order, which directly affects the presentation of evidence in administrative proceedings, is also well-founded, since the number of people who are consciously guided in their behavior by the requirements of the law increases every time, and, accordingly, these people do not allow violations of the law or violations against themselves in their professional activities from the side of public administration; constant development of","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"9 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":"127080475","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 has been found that in the context of russian aggression, the Ministry of Education and Science of Ukraine uses the Sectoral Working Group «Education and Science» as a dialogue with the widest possible range of partners and friends of Ukraine to form an international coalition in support of Ukrainian education and science. It can be stated that in Ukraine the right to education is ensured as a martial law with its certain restrictions. It is emphasized that an important point is the unprecedented support of international partners, which is provided not only in the military plan but also in the social plane, in particular in the context of opportunities for preferential entry 'I also directly learning in Ukrainian. It is stated that during the martial law, representatives of foreign educational institutions develop for Ukrainian students, as well as future students of the support for support for training. In Ukraine, there are preferential entry programs for internally displaced persons, orphans, children from the frontal areas and other categories of persons. The state makes the maximum for the realization of the purpose of education, ensuring the right to education and maintaining stability in the educational space, which is possible in the conditions of martial law. Under the war, the flow of people traveling abroad increases through the desire to preserve the lives and health of their children. It is a person's natural reaction to a deadly danger, but many Ukrainian citizens return and continue their training in relatively safe regions. Attention is emphasized on the problem of exercising the right to education by persons with special educational needs. In modern conditions, it is important for such persons to provide quality access to both the educational process and safety during danger in martial law (unobstructed access to shelter during air alarm, the possibility of using communication facilities to participate in online sessions in «points of indomitable points».
{"title":"Education right: features of realization during the war in Ukraine","authors":"Alona Romanova","doi":"10.23939/law2023.37.113","DOIUrl":"https://doi.org/10.23939/law2023.37.113","url":null,"abstract":"It has been found that in the context of russian aggression, the Ministry of Education and Science of Ukraine uses the Sectoral Working Group «Education and Science» as a dialogue with the widest possible range of partners and friends of Ukraine to form an international coalition in support of Ukrainian education and science. It can be stated that in Ukraine the right to education is ensured as a martial law with its certain restrictions. It is emphasized that an important point is the unprecedented support of international partners, which is provided not only in the military plan but also in the social plane, in particular in the context of opportunities for preferential entry 'I also directly learning in Ukrainian. It is stated that during the martial law, representatives of foreign educational institutions develop for Ukrainian students, as well as future students of the support for support for training. In Ukraine, there are preferential entry programs for internally displaced persons, orphans, children from the frontal areas and other categories of persons. The state makes the maximum for the realization of the purpose of education, ensuring the right to education and maintaining stability in the educational space, which is possible in the conditions of martial law. Under the war, the flow of people traveling abroad increases through the desire to preserve the lives and health of their children. It is a person's natural reaction to a deadly danger, but many Ukrainian citizens return and continue their training in relatively safe regions. Attention is emphasized on the problem of exercising the right to education by persons with special educational needs. In modern conditions, it is important for such persons to provide quality access to both the educational process and safety during danger in martial law (unobstructed access to shelter during air alarm, the possibility of using communication facilities to participate in online sessions in «points of indomitable points».","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"1 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":"114149198","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 process of proving is carried out by competent participants of criminal trial in order to establish the truth in criminal proceedings and is an important component of the proceeding. Proving is carried out in compliance with the statutory procedure for criminal proceedings in general, the order of the execution of certain procedural actions and the adoption of procedural decisions, that is within the limits of the criminal procedural form. The modern concept of criminal proceedings is aimed at establishing additional guarantees of observance of the participants’ rights at each stage. The process of proving should be clearly regulated by criminal procedure legislation to ensure the rights of a person in criminal proceedings. The rapid development of the latest information technologies and a significant increase in the number of legal relations in the plane of the information space objectively affected the features of the criminal process. In particular, this applies to such an important category as sources of evidence. In modern conditions of widespread use of information technologies, electronic media are an important and informative source of evidence in criminal proceedings. From theoretical and practical perspectives an important task for scholars is to regulate at the legislative level the methods and procedural proceedings for the legal collection of digital information relevant to criminal proceedings and its further use in compliance with the principles of relevance, admissibility, reliability and sufficiency. The peculiarities of collecting, processing and recording digital evidence are analyzed in the article. It is emphasized that the collection of evidence contained on electronic media can be done by removing the media or information system and by copying the information stored on the corresponding electronic media. The advantages and disadvantages of using digital evidence collection methods are analyzed. Emphasis is placed on the importance of observing the procedural and technical aspects of obtaining information stored on electronic media in order to ensure the possibility of using such information as evidence during criminal proceedings.
{"title":"Electronic evidence as effective tools of proving in criminal proceedings","authors":"Iryna Shulhan","doi":"10.23939/law2023.37.202","DOIUrl":"https://doi.org/10.23939/law2023.37.202","url":null,"abstract":"The process of proving is carried out by competent participants of criminal trial in order to establish the truth in criminal proceedings and is an important component of the proceeding. Proving is carried out in compliance with the statutory procedure for criminal proceedings in general, the order of the execution of certain procedural actions and the adoption of procedural decisions, that is within the limits of the criminal procedural form. The modern concept of criminal proceedings is aimed at establishing additional guarantees of observance of the participants’ rights at each stage. The process of proving should be clearly regulated by criminal procedure legislation to ensure the rights of a person in criminal proceedings. The rapid development of the latest information technologies and a significant increase in the number of legal relations in the plane of the information space objectively affected the features of the criminal process. In particular, this applies to such an important category as sources of evidence. In modern conditions of widespread use of information technologies, electronic media are an important and informative source of evidence in criminal proceedings. From theoretical and practical perspectives an important task for scholars is to regulate at the legislative level the methods and procedural proceedings for the legal collection of digital information relevant to criminal proceedings and its further use in compliance with the principles of relevance, admissibility, reliability and sufficiency. The peculiarities of collecting, processing and recording digital evidence are analyzed in the article. It is emphasized that the collection of evidence contained on electronic media can be done by removing the media or information system and by copying the information stored on the corresponding electronic media. The advantages and disadvantages of using digital evidence collection methods are analyzed. Emphasis is placed on the importance of observing the procedural and technical aspects of obtaining information stored on electronic media in order to ensure the possibility of using such information as evidence during criminal proceedings.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"6 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":"124208591","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 Ukraine’s acquisition of the status of a "candidate state" of member states of the European Union, as well as the influence and observance of the international legislation on human rights and freedoms, significantly complements the administrative and legal status of citizens of our country. The ratification by the Ukrainian state of the European Convention on Human Rights (1997) and other international legal acts related to rights and freedoms opened a new stage in the development of national legal science, especially regarding the protection of the rights of natural persons [1, p. 15‒32]. Existing approaches in the administrative and legal science to the protection of individual rights, as well as to the application of measures of coercive influence to the violator, are closely related to the characterization of a natural person as a participant in the administrative and legal relations existing in society. Note that Chapter 11 of the Constitution of Ukraine contains a non-exhaustive list of rights, freedoms and responsibilities of a human and a citizen [2]. The legislator also uses the term "person" in order to specify the individuality of a natural person and his/her legal status with the designation of his/her features. At the same time, the presence of terms characterizing the administrative and legal status of an individual always requires clarification of the relationship between such terms as "natural person", "citizen", as well as their legal impact on the differentiation of liability of subjects who commit administrative offenses. Each of the mentioned terms has different interpretations according to the object and subject of research, which in general indicate the historical, social, cultural and other attainments of a person who possesses socially determined and individual qualities that are manifested in the intellect, emotions and will of a person. When characterizing a natural person, it is worth noting the social connections and relations, features and qualities that have social and individual significance. These include: the ability to think and make conscious and not instinctive decisions; individuality (talent, education, profession, preferences, etc.); freedom, that is, the right to choose from the options of behavior provided by society, which ensures the realization of personal interests and does not violate the rights of other subjects; responsibility to society [3, p. 630]. It is worth noting that the concepts of "person" and "personality" are not equivalent to each other, especially in terms of defining a human as a person. In our case, we may be talking about the insanity of a person who, at the time of committing illegal actions or inaction, is in a state of insanity, that is, could not be aware of his/her actions or control them due to a chronic mental illness, a temporary disorder of mental activity, mental retardation or another medical condition [4]. The social and individual characteristics of a natural person
{"title":"Differentiation of liability for committing administrative offenses","authors":"O. Ostapenko","doi":"10.23939/law2023.37.180","DOIUrl":"https://doi.org/10.23939/law2023.37.180","url":null,"abstract":"The Ukraine’s acquisition of the status of a \"candidate state\" of member states of the European Union, as well as the influence and observance of the international legislation on human rights and freedoms, significantly complements the administrative and legal status of citizens of our country. The ratification by the Ukrainian state of the European Convention on Human Rights (1997) and other international legal acts related to rights and freedoms opened a new stage in the development of national legal science, especially regarding the protection of the rights of natural persons [1, p. 15‒32]. Existing approaches in the administrative and legal science to the protection of individual rights, as well as to the application of measures of coercive influence to the violator, are closely related to the characterization of a natural person as a participant in the administrative and legal relations existing in society. Note that Chapter 11 of the Constitution of Ukraine contains a non-exhaustive list of rights, freedoms and responsibilities of a human and a citizen [2]. The legislator also uses the term \"person\" in order to specify the individuality of a natural person and his/her legal status with the designation of his/her features. At the same time, the presence of terms characterizing the administrative and legal status of an individual always requires clarification of the relationship between such terms as \"natural person\", \"citizen\", as well as their legal impact on the differentiation of liability of subjects who commit administrative offenses. Each of the mentioned terms has different interpretations according to the object and subject of research, which in general indicate the historical, social, cultural and other attainments of a person who possesses socially determined and individual qualities that are manifested in the intellect, emotions and will of a person. When characterizing a natural person, it is worth noting the social connections and relations, features and qualities that have social and individual significance. These include: the ability to think and make conscious and not instinctive decisions; individuality (talent, education, profession, preferences, etc.); freedom, that is, the right to choose from the options of behavior provided by society, which ensures the realization of personal interests and does not violate the rights of other subjects; responsibility to society [3, p. 630]. It is worth noting that the concepts of \"person\" and \"personality\" are not equivalent to each other, especially in terms of defining a human as a person. In our case, we may be talking about the insanity of a person who, at the time of committing illegal actions or inaction, is in a state of insanity, that is, could not be aware of his/her actions or control them due to a chronic mental illness, a temporary disorder of mental activity, mental retardation or another medical condition [4]. The social and individual characteristics of a natural person ","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"67 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":"124219030","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}
Today, the internet is a tool used in many activities, especially in the public administration system which increases the amount of time EU states are exposed to cyberspace and its risks. The article examines the regulatory and institutional support of digitalization and cybersecurity of the public administration system in the EU. The semantic content of the terms “digitalization”, “сyber security” and “e- Government” was studied. The article focuses on the areas of digitalization and cybersecurity in government of EU. Analyzed indicators of Digital Economy and Society Index, normative basis of work of The European Union Agency for Cybersecurity The article examines three main signs of digitization.
{"title":"Regulatory and institutional support of digitalization and cybersecurity of the public administration system in the EU","authors":"Iryna Krykavska","doi":"10.23939/law2023.37.148","DOIUrl":"https://doi.org/10.23939/law2023.37.148","url":null,"abstract":"Today, the internet is a tool used in many activities, especially in the public administration system which increases the amount of time EU states are exposed to cyberspace and its risks. The article examines the regulatory and institutional support of digitalization and cybersecurity of the public administration system in the EU. The semantic content of the terms “digitalization”, “сyber security” and “e- Government” was studied. The article focuses on the areas of digitalization and cybersecurity in government of EU. Analyzed indicators of Digital Economy and Society Index, normative basis of work of The European Union Agency for Cybersecurity The article examines three main signs of digitization.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"18 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":"130510097","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}
In order to improve the disclosure and investigation of crimes committed by convicts in the correctional colonies of Ukraine, to solve problematic issues that arise during the investigation of such crimes, there was a need to develop new scientifically based recommendations aimed at increasing the effectiveness of combating crime, in particular recidivism, as well as improvement of the organizational and legal foundations of the activity of the pretrial investigation body during the investigation of such crimes. The state of research of the problems of investigation of crimes committed by convicts in correctional colonies is highlighted and the main patterns and results of developments in this direction are determined; a comparative legal analysis of the norms of the criminal procedural legislation of Ukraine and foreign countries was carried out and the need for the introduction of positive experience on these issues in Ukraine was substantiated; the general principles of pre-trial investigation of crimes committed by convicts in correctional colonies were formulated, taking into account the peculiarities of execution and serving of punishment in the form of deprivation of liberty; the specifics of conducting investigative (search) and covert investigative (search) activities in correctional colonies are highlighted and scientifically based proposals for their improvement are developed; the content of opposition to the investigation of crimes committed by convicts in correctional colonies is revealed, its forms, methods and subjects are defined; the content of the modern criminal procedural policy of Ukraine and the peculiarities of its implementation in correctional colonies are determined.
{"title":"Investigation of crimes committed by convicts in penal colonies of Ukraine","authors":"Maria Maskovita","doi":"10.23939/law2023.37.287","DOIUrl":"https://doi.org/10.23939/law2023.37.287","url":null,"abstract":"In order to improve the disclosure and investigation of crimes committed by convicts in the correctional colonies of Ukraine, to solve problematic issues that arise during the investigation of such crimes, there was a need to develop new scientifically based recommendations aimed at increasing the effectiveness of combating crime, in particular recidivism, as well as improvement of the organizational and legal foundations of the activity of the pretrial investigation body during the investigation of such crimes. The state of research of the problems of investigation of crimes committed by convicts in correctional colonies is highlighted and the main patterns and results of developments in this direction are determined; a comparative legal analysis of the norms of the criminal procedural legislation of Ukraine and foreign countries was carried out and the need for the introduction of positive experience on these issues in Ukraine was substantiated; the general principles of pre-trial investigation of crimes committed by convicts in correctional colonies were formulated, taking into account the peculiarities of execution and serving of punishment in the form of deprivation of liberty; the specifics of conducting investigative (search) and covert investigative (search) activities in correctional colonies are highlighted and scientifically based proposals for their improvement are developed; the content of opposition to the investigation of crimes committed by convicts in correctional colonies is revealed, its forms, methods and subjects are defined; the content of the modern criminal procedural policy of Ukraine and the peculiarities of its implementation in correctional colonies are determined.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"145 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":"132291545","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 substantiates the role of religious organizations in the protection of human environmental rights, analyzes their activities, and determines the methods of legal regulation of their participation in the environmental policy of the state. It was noted that the participation of religious organizations in the protection of environmental human rights should be considered primarily in three aspects: reflection of environmental issues in social doctrines (if adopted) and other theoretical developments of religious organizations; functioning in the structure of religious organizations of special institutions dealing with issues of environmental protection; implementation of environmental events by religious organizations. The participation of religious organizations in the protection of human environmental rights consists in the implementation of the main task - "ecological conversion", the constituent elements of which should be the formation of an internal instruction to protect the creature-nature, as well as proper knowledge of how this preservation can be practically implemented. The means of implementing this task are as follows: dissemination of the official teachings of religious organizations regarding ecology; consolidation of the efforts of religious organizations, scientific and educational institutions, state and public organizations in solving local, national, regional and global problems of nature conservation and ensuring the ecological safety of mankind; consulting, organizing and conducting public and scientific events dedicated to environmental issues; dissemination of appeals/appeals of religious leaders regarding environmental issues in religious and secular mass media; translation of relevant literature, etc.
{"title":"Participation of religious organizations in the protection of human environmental rights","authors":"T. Harasymiv","doi":"10.23939/law2023.37.045","DOIUrl":"https://doi.org/10.23939/law2023.37.045","url":null,"abstract":"The article substantiates the role of religious organizations in the protection of human environmental rights, analyzes their activities, and determines the methods of legal regulation of their participation in the environmental policy of the state. It was noted that the participation of religious organizations in the protection of environmental human rights should be considered primarily in three aspects: reflection of environmental issues in social doctrines (if adopted) and other theoretical developments of religious organizations; functioning in the structure of religious organizations of special institutions dealing with issues of environmental protection; implementation of environmental events by religious organizations. The participation of religious organizations in the protection of human environmental rights consists in the implementation of the main task - \"ecological conversion\", the constituent elements of which should be the formation of an internal instruction to protect the creature-nature, as well as proper knowledge of how this preservation can be practically implemented. The means of implementing this task are as follows: dissemination of the official teachings of religious organizations regarding ecology; consolidation of the efforts of religious organizations, scientific and educational institutions, state and public organizations in solving local, national, regional and global problems of nature conservation and ensuring the ecological safety of mankind; consulting, organizing and conducting public and scientific events dedicated to environmental issues; dissemination of appeals/appeals of religious leaders regarding environmental issues in religious and secular mass media; translation of relevant literature, etc.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"25 1 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":"116667145","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 defining the main constituent elements of an effective legal mechanism for the implementation of legal responsibility for crimes against the environment in the context of the full-scale military aggression of the Russian Federation against Ukraine. To solve the set goal, such research methods as the method of scientific observation were used, in particular, to form the topic and purpose of the research; the method of analysis - when determining the specifics of the implementation of legal responsibility in the conditions of the ongoing full-scale war of the Russian Federation against Ukraine; logical method - for theoretical generalization and formulation of research conclusions. Russian military aggression on the territory of Ukraine brings death, maiming, and destruction. At the same time, airstrikes and artillery shelling destroy not only the infrastructure but also the ecosystem, leading to an ecological disaster. The damage caused to the surrounding natural environment will hurt the lives and health of people, both in Ukraine and abroad, over the years. Therefore, the urgent task of international institutions, state bodies, and the public is the development of a legal mechanism for the implementation of legal responsibility, designed to punish the guilty. However, fair punishment for armed aggression and its consequences is impossible without full compensation for the damage caused to the natural environment. Accordingly, the mechanism for realizing legal responsibility for crimes against the environment should include a compensation mechanism, the reality of which will be ensured by a system of legal guarantees at the international and national levels of individual states. The basis of an effective legal mechanism for the realization of legal responsibility for crimes against the environment is the detection and recording of facts of offenses against the environment, including facts of causing damage and losses; involvement of specialists who have experience in the field of environmental protection, use of natural resources, ensuring environmental safety, conducting relevant examinations, etc.; submission of lawsuits to national and international courts that are competent to consider them; compensation mechanism.
{"title":"Legal responsibility for war crimes against the environment","authors":"Khrystyna Marych, Mariana Pohorilets","doi":"10.23939/law2023.37.279","DOIUrl":"https://doi.org/10.23939/law2023.37.279","url":null,"abstract":"The article is devoted to defining the main constituent elements of an effective legal mechanism for the implementation of legal responsibility for crimes against the environment in the context of the full-scale military aggression of the Russian Federation against Ukraine. To solve the set goal, such research methods as the method of scientific observation were used, in particular, to form the topic and purpose of the research; the method of analysis - when determining the specifics of the implementation of legal responsibility in the conditions of the ongoing full-scale war of the Russian Federation against Ukraine; logical method - for theoretical generalization and formulation of research conclusions. Russian military aggression on the territory of Ukraine brings death, maiming, and destruction. At the same time, airstrikes and artillery shelling destroy not only the infrastructure but also the ecosystem, leading to an ecological disaster. The damage caused to the surrounding natural environment will hurt the lives and health of people, both in Ukraine and abroad, over the years. Therefore, the urgent task of international institutions, state bodies, and the public is the development of a legal mechanism for the implementation of legal responsibility, designed to punish the guilty. However, fair punishment for armed aggression and its consequences is impossible without full compensation for the damage caused to the natural environment. Accordingly, the mechanism for realizing legal responsibility for crimes against the environment should include a compensation mechanism, the reality of which will be ensured by a system of legal guarantees at the international and national levels of individual states. The basis of an effective legal mechanism for the realization of legal responsibility for crimes against the environment is the detection and recording of facts of offenses against the environment, including facts of causing damage and losses; involvement of specialists who have experience in the field of environmental protection, use of natural resources, ensuring environmental safety, conducting relevant examinations, etc.; submission of lawsuits to national and international courts that are competent to consider them; compensation mechanism.","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":"126582302","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}
Canon law is closely related to pedagogical phenomena. After all, a person needs to learn, educate, give him the opportunity to develop. To do this, use different natural laws and patterns. We believe that the best pedagogical laws follow from canon law. We believe that the following basic pedagogical laws follow from the Ten Commandments of God: love; prevention of passions; prevention of blasphemy; recreation; respect for parents and elders; prevention of metaanthropological murder; fornication prevention; prevention of defamation; prevention of envy. It should be emphasized that these laws apply separately to the body, soul and spirit, which will reflect the real actions of man, for your Supreme Court. The implementation of the pedagogical laws of the Sinai imperative reveals, substantiates and solves all the problems of social phenomena. Polemical and pedagogical phenomena become instructive, do not have a worldview breakthrough, which follows from the Ten Commandments of God. The pedagogical law of love is fundamental in canon law. The supernatural reality of love changes man, his existential principles. Love is an unshakable foundation in human development, education and training, forms the supernatural and natural law regime, its vital functions. Ontological love gives a person and a person who has the greatest pedagogical canonical influence on it, and provides visible and invisible action. For the action to be ontological, it is necessary to nourish the love existentials and transcendents who give the psychic power that creates good. The main thing in the law of love is worship as metaphysical respect, unquestioning obedience and general commitment to all of God's creation. The law of prevention of passions as a strong sense of certain motives: stable, intense, purposeful. While these motivations may be for the better, they should not take the lead in levels with your ontological purpose. The law states that man is the image of God, so in the likeness of God's duty to be not with the help of strong earthly feelings, but only with the help of sentient sensibility. Of course, there may be some earthly favorites after the manifestations of heavenly feelings, but they should not be in the first place, because in canon law it is regarded as idolatry, inventing an idol, apostasy, etc. From a pedagogical point of view, the passion leads to vanity and pride. After all, a person with great passions (even in the field of good) is often praised, glorified, which is vanity. The pedagogical law for the prevention of blasphemy states the unforgiveness of sins of this type. Blasphemers deserve death. The Dictionary of Religious Studies states that blasphemy is in the narrow sense a verbal image of God, in the sincere sense - disrespect for the objects of religious worship. Blasphemy is sometimes overturned by various forms of criticism or rejection of religion. Followers of any religion accept disrespect only for their own shrines. In a simultaneous cr
{"title":"Basic pedagogical laws in canon law","authors":"S. Slyvka","doi":"10.23939/law2023.37.118","DOIUrl":"https://doi.org/10.23939/law2023.37.118","url":null,"abstract":"Canon law is closely related to pedagogical phenomena. After all, a person needs to learn, educate, give him the opportunity to develop. To do this, use different natural laws and patterns. We believe that the best pedagogical laws follow from canon law. We believe that the following basic pedagogical laws follow from the Ten Commandments of God: love; prevention of passions; prevention of blasphemy; recreation; respect for parents and elders; prevention of metaanthropological murder; fornication prevention; prevention of defamation; prevention of envy. It should be emphasized that these laws apply separately to the body, soul and spirit, which will reflect the real actions of man, for your Supreme Court. The implementation of the pedagogical laws of the Sinai imperative reveals, substantiates and solves all the problems of social phenomena. Polemical and pedagogical phenomena become instructive, do not have a worldview breakthrough, which follows from the Ten Commandments of God. The pedagogical law of love is fundamental in canon law. The supernatural reality of love changes man, his existential principles. Love is an unshakable foundation in human development, education and training, forms the supernatural and natural law regime, its vital functions. Ontological love gives a person and a person who has the greatest pedagogical canonical influence on it, and provides visible and invisible action. For the action to be ontological, it is necessary to nourish the love existentials and transcendents who give the psychic power that creates good. The main thing in the law of love is worship as metaphysical respect, unquestioning obedience and general commitment to all of God's creation. The law of prevention of passions as a strong sense of certain motives: stable, intense, purposeful. While these motivations may be for the better, they should not take the lead in levels with your ontological purpose. The law states that man is the image of God, so in the likeness of God's duty to be not with the help of strong earthly feelings, but only with the help of sentient sensibility. Of course, there may be some earthly favorites after the manifestations of heavenly feelings, but they should not be in the first place, because in canon law it is regarded as idolatry, inventing an idol, apostasy, etc. From a pedagogical point of view, the passion leads to vanity and pride. After all, a person with great passions (even in the field of good) is often praised, glorified, which is vanity. The pedagogical law for the prevention of blasphemy states the unforgiveness of sins of this type. Blasphemers deserve death. The Dictionary of Religious Studies states that blasphemy is in the narrow sense a verbal image of God, in the sincere sense - disrespect for the objects of religious worship. Blasphemy is sometimes overturned by various forms of criticism or rejection of religion. Followers of any religion accept disrespect only for their own shrines. In a simultaneous cr","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"18 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":"127913871","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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