clusion the expediency of revision of approaches to establishment of criteria of redistribution of receipts from payment of rent payments between means of the state national and means of local budgets is defined.
结论明确了修订租金收入在国家、国家和地方预算手段之间再分配标准的方法的便利性。
{"title":"Rent Payments for the Use of Subsoil as Part of the Implementation of State Policy in the Field of Environmental Protection","authors":"A. Borysenko","doi":"10.15804/ksm20200405","DOIUrl":"https://doi.org/10.15804/ksm20200405","url":null,"abstract":"clusion the expediency of revision of approaches to establishment of criteria of redistribution of receipts from payment of rent payments between means of the state national and means of local budgets is defined.","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130207623","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 aim of this paper is an analysis of the formation and functioning of the anti-corruption system of Ukraine: National Agency on Corruption Prevention, National Anti-Corruption Bureau of Specialized Anti-Corruption and Ukraine for finding, tracing and management of assets derived from corruption and other crimes. The study stresses that despite the strong regulatory framework created to prevent and combat it, corruption remains a systemic problem that exists at all levels of government in Ukraine. The above-mentioned bodies have been created taking into account the European experience in the formation of anti-corruption bodies in the system of government, their activities are aimed at overcoming corruption in the country. The article highlights the feasibility of the existence and functioning of anti-corruption bodies and substantiates the importance of all their powers in the field of preventing and combating corruption. It has been concluded that these bodies need further improvement to combat corruption more effectively.
{"title":"Effectiveness of Corruption Combating in Ukraine: Role of the System of Anti-Corruption Bodies","authors":"L. Pashkevych","doi":"10.15804/ksm20200406","DOIUrl":"https://doi.org/10.15804/ksm20200406","url":null,"abstract":"The aim of this paper is an analysis of the formation and functioning of the anti-corruption system of Ukraine: National Agency on Corruption Prevention, National Anti-Corruption Bureau of Specialized Anti-Corruption and Ukraine for finding, tracing and management of assets derived from corruption and other crimes. The study stresses that despite the strong regulatory framework created to prevent and combat it, corruption remains a systemic problem that exists at all levels of government in Ukraine. The above-mentioned bodies have been created taking into account the European experience in the formation of anti-corruption bodies in the system of government, their activities are aimed at overcoming corruption in the country. The article highlights the feasibility of the existence and functioning of anti-corruption bodies and substantiates the importance of all their powers in the field of preventing and combating corruption. It has been concluded that these bodies need further improvement to combat corruption more effectively.","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"229 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125094647","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":"Vinctis non victis. Wybrane implikacje zbrodni katyńskiej z 1940 r. Przeszłość i współczesność","authors":"Paweł Glugla","doi":"10.15804/ksm20200408","DOIUrl":"https://doi.org/10.15804/ksm20200408","url":null,"abstract":"","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"2433 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130868638","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":"Jan Mazur OSPPE, Religia i polityka – dylematy współobecności, Wydawnictwo Difin, Warszawa 2020, ss. 124.","authors":"J. Mariański","doi":"10.15804/ksm20200409","DOIUrl":"https://doi.org/10.15804/ksm20200409","url":null,"abstract":"","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134184177","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 study emphasizes the importance of enforcement of court decisions that have entered into force. The changes taking place in Ukrainian society arouse high activity and the desire of people to take a direct part in solving problems that concern their common interests, including the use of the right to peaceful assembly. However, despite the importance of this type of political rights, the constitutional provisions on freedom of assembly, assembly, street demonstrations and demonstrations, which are still not properly specified in the current legislation, are often limited or even violated. Based on the international experience of regulating the right to peaceful assembly, ways to increase the effectiveness of the mechanism of administrative and legal support of the right to peaceful assembly are proposed, which are to create a domestic mechanism to monitor compliance with international standards of human rights and freedoms. human being, if this or that problem is not solved at the national level. It is proved that even a rather small range of current norms enshrined in legislative acts of various levels, which guarantee the right to peaceful assembly, often show some incon-sistency in the content of the outlined rights, especially from the standpoint of the right to freedom of peaceful assembly. the subject is called a citizen, and civil law – an individual. The necessity of introduction of international standards of ensuring the right to peaceful assembly, first of all the standards of the European community, which is connected with the European integration aspirations of Ukraine, is proved. After all, the implementation of European standards and their observance by the subjects of public administration is one of the preconditions for Ukraine’s integration into the European legal space. Since the right to freedom of peaceful assembly cannot be exercised in the absence of corresponding responsibilities imposed on the state by its authorized bodies, the analysis of the Constitution and laws of Ukraine allowed to separate such bodies into the category of subjects of power to ensure the right to peaceful assembly.In order to improve the situation in the studied area, it is advisable to review the current legislation, which ensures the implementation of court decisions, to continue reforming public authorities for the effective operation of the judiciary and the protection of citizens’ rights.
{"title":"The Legislative Regulation of Ensuring the Right to Peaceful Assemblies","authors":"Y. Kobrusieva","doi":"10.15804/ksm20200401","DOIUrl":"https://doi.org/10.15804/ksm20200401","url":null,"abstract":"The study emphasizes the importance of enforcement of court decisions that have entered into force. The changes taking place in Ukrainian society arouse high activity and the desire of people to take a direct part in solving problems that concern their common interests, including the use of the right to peaceful assembly. However, despite the importance of this type of political rights, the constitutional provisions on freedom of assembly, assembly, street demonstrations and demonstrations, which are still not properly specified in the current legislation, are often limited or even violated. Based on the international experience of regulating the right to peaceful assembly, ways to increase the effectiveness of the mechanism of administrative and legal support of the right to peaceful assembly are proposed, which are to create a domestic mechanism to monitor compliance with international standards of human rights and freedoms. human being, if this or that problem is not solved at the national level. It is proved that even a rather small range of current norms enshrined in legislative acts of various levels, which guarantee the right to peaceful assembly, often show some incon-sistency in the content of the outlined rights, especially from the standpoint of the right to freedom of peaceful assembly. the subject is called a citizen, and civil law – an individual. The necessity of introduction of international standards of ensuring the right to peaceful assembly, first of all the standards of the European community, which is connected with the European integration aspirations of Ukraine, is proved. After all, the implementation of European standards and their observance by the subjects of public administration is one of the preconditions for Ukraine’s integration into the European legal space. Since the right to freedom of peaceful assembly cannot be exercised in the absence of corresponding responsibilities imposed on the state by its authorized bodies, the analysis of the Constitution and laws of Ukraine allowed to separate such bodies into the category of subjects of power to ensure the right to peaceful assembly.In order to improve the situation in the studied area, it is advisable to review the current legislation, which ensures the implementation of court decisions, to continue reforming public authorities for the effective operation of the judiciary and the protection of citizens’ rights.","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128893231","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 shows the process of formation of Soviet scientists’ social status and the relationship between the scientific intelligentsia and the authorities. It studies the creation and activity of the Petrograd Commission on the Improvement of the Welfare of Scientists (PCIWS) in the 1920s, which has been subordinated and financed by the People’s Commissariat of Education of the RSFSR and has had its information press agency. It is established that the Soviet authorities, liquidating the bourgeoisie, have added to its number all the free professions of intellectual labor, including scientists. Petrograd Commission on the Improvement of the Welfare of Scientists (PetroCIWS) has served as a liaison between the authorities and the scientists, and its activities reflect the process of formation of these relations. The main task of PetroCIWS has been to support scientists, writers, artists, and their families who had financial difficulties. The commission has managed to provide scholars with academic rations and to assist in solving their problems of material standards and living conditions . It is proved that an important achievement of PetroCIWS has become the creation of the House of Scientists, its various forms of work have been analyzed. Owing to the organization and activities of the House of Scientists, Petrograd scientists have been able to implement interdisciplinary contacts and meet their cultural needs. Coverage of Petrograd House of Scientists activities has demonstrated the experience of cultural and civic self-organization of the scientific community.
{"title":"Establishment and Activity of Petrograd Commission on Improving the Welfare of Scientists in the 1920s","authors":"K. Didenko","doi":"10.15804/ksm20200407","DOIUrl":"https://doi.org/10.15804/ksm20200407","url":null,"abstract":"The article shows the process of formation of Soviet scientists’ social status and the relationship between the scientific intelligentsia and the authorities. It studies the creation and activity of the Petrograd Commission on the Improvement of the Welfare of Scientists (PCIWS) in the 1920s, which has been subordinated and financed by the People’s Commissariat of Education of the RSFSR and has had its information press agency. It is established that the Soviet authorities, liquidating the bourgeoisie, have added to its number all the free professions of intellectual labor, including scientists. Petrograd Commission on the Improvement of the Welfare of Scientists (PetroCIWS) has served as a liaison between the authorities and the scientists, and its activities reflect the process of formation of these relations. The main task of PetroCIWS has been to support scientists, writers, artists, and their families who had financial difficulties. The commission has managed to provide scholars with academic rations and to assist in solving their problems of material standards and living conditions . It is proved that an important achievement of PetroCIWS has become the creation of the House of Scientists, its various forms of work have been analyzed. Owing to the organization and activities of the House of Scientists, Petrograd scientists have been able to implement interdisciplinary contacts and meet their cultural needs. Coverage of Petrograd House of Scientists activities has demonstrated the experience of cultural and civic self-organization of the scientific community.","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"86 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125269149","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 Aspects of Providing the Demographic Capacity of the Community","authors":"O. Omelchuk","doi":"10.15804/ksm20200404","DOIUrl":"https://doi.org/10.15804/ksm20200404","url":null,"abstract":"","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134454019","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 article is devoted to some features of the argumentation contained in decisions of Ukrainian courts. The article describes typical problems that oc-cur during judicial argumentation, which hinder quality of justice. The author analyzes the logical approach to judicial argumentation, argumentation based on principles, the rhetorical approach and inductive as well as deductive argumentation during proceedings in Ukrainian courts. These are some of the most widely used approaches in judicial argumentation. The article provides some recommendations that can improve argumentation in Ukrainian judicial practice. These problems can be solved by improving the level of legal culture, increasing the education of litigants and by using other methods.
{"title":"Specifics of Argumentation in Judicial Practice in Ukraine","authors":"Volodymyr Kistianyk","doi":"10.15804/ksm20200303","DOIUrl":"https://doi.org/10.15804/ksm20200303","url":null,"abstract":"This article is devoted to some features of the argumentation contained in decisions of Ukrainian courts. The article describes typical problems that oc-cur during judicial argumentation, which hinder quality of justice. The author analyzes the logical approach to judicial argumentation, argumentation based on principles, the rhetorical approach and inductive as well as deductive argumentation during proceedings in Ukrainian courts. These are some of the most widely used approaches in judicial argumentation. The article provides some recommendations that can improve argumentation in Ukrainian judicial practice. These problems can be solved by improving the level of legal culture, increasing the education of litigants and by using other methods.","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126573885","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 security constructions such as fiduciary transfer of ownership and retention of ownership by the seller under a contract of sale within the framework of European private law. The author points out that the transfer of ownership for security purposes is a security right, at the same time the retention of the legal title should be qualified as a quasi-security right, because the security property interest in it is not transferred by the debtor to the creditor, but is being retained by a seller. It was found that the security transfer of ownership as a means of ensuring the fulfilment of the obligation has both incentive and compensatory functions unlike the retention of title security in-strument which only encourages the buyer to fulfill the obligation paying for the goods by retaining ownership by the seller. It has been shown that in contrast with transfer of ownership as security right which allows the creditor to satisfy his property interest at the expense of security property, retention of ownership by the seller enables the seller to satisfy such interest at the expense of ownership until full payment. This article highlights the German and French civil law governing the enforcement of security arrangements for the transfer of ownership and the retention of ownership by the seller. It is concluded that the distinguishing features of these security institutions related to: default remedies of creditor, the transfer of ownership moment, and claiming property from the bankruptcy estate of the debtor.
{"title":"Fiduciary Transfer of Ownership for Security Purposes & Retention of Ownership by a Seller","authors":"A. Riabchynska","doi":"10.15804/ksm20200308","DOIUrl":"https://doi.org/10.15804/ksm20200308","url":null,"abstract":"The article is devoted to security constructions such as fiduciary transfer of ownership and retention of ownership by the seller under a contract of sale within the framework of European private law. The author points out that the transfer of ownership for security purposes is a security right, at the same time the retention of the legal title should be qualified as a quasi-security right, because the security property interest in it is not transferred by the debtor to the creditor, but is being retained by a seller. It was found that the security transfer of ownership as a means of ensuring the fulfilment of the obligation has both incentive and compensatory functions unlike the retention of title security in-strument which only encourages the buyer to fulfill the obligation paying for the goods by retaining ownership by the seller. It has been shown that in contrast with transfer of ownership as security right which allows the creditor to satisfy his property interest at the expense of security property, retention of ownership by the seller enables the seller to satisfy such interest at the expense of ownership until full payment. This article highlights the German and French civil law governing the enforcement of security arrangements for the transfer of ownership and the retention of ownership by the seller. It is concluded that the distinguishing features of these security institutions related to: default remedies of creditor, the transfer of ownership moment, and claiming property from the bankruptcy estate of the debtor.","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130700797","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 actual circumstances of the criminal proceedings concerns judicial errors in the assessment of evidence and improper motivation of court decisions. The manifestations of these factual procedural grounds for appellate review of court decisions are analyzed. The procedural consequences of establishing signs of incompleteness of the trial and inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings are singled out. Analyzing the relevant norms of the Criminal Procedure Code of Ukraine, the Criminal Procedure Code of other states, as well as the views of researchers, the authors present their vision of the issues included in the subject of research. The necessity of improving the criminal procedure legislation of Ukraine, which regulates the incompleteness of the trial and the inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings, is substantiated.
{"title":"Mistakes in Establishment of the Actual Circumstances of a Case as Grounds of an Appeal in The Criminal Procedure of Ukraine","authors":"N. Bobechko, Alona Voinarovych","doi":"10.15804/ksm20200305","DOIUrl":"https://doi.org/10.15804/ksm20200305","url":null,"abstract":"the actual circumstances of the criminal proceedings concerns judicial errors in the assessment of evidence and improper motivation of court decisions. The manifestations of these factual procedural grounds for appellate review of court decisions are analyzed. The procedural consequences of establishing signs of incompleteness of the trial and inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings are singled out. Analyzing the relevant norms of the Criminal Procedure Code of Ukraine, the Criminal Procedure Code of other states, as well as the views of researchers, the authors present their vision of the issues included in the subject of research. The necessity of improving the criminal procedure legislation of Ukraine, which regulates the incompleteness of the trial and the inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings, is substantiated.","PeriodicalId":431204,"journal":{"name":"Krakowskie Studia Małopolskie","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128963990","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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