The article analyzes the social security of internally displaced persons. Based on the analysis of current legislation and modern scientific research, a definition of the concept of «internally displaced persons» is proposed. The causes of forced migration and their impact on the social security of internally displaced persons in Ukraine are indicated. Namely, due to the military aggression of the Russian Federation against Ukraine, a large number of Ukrainian citizens were forced to move, saving their own lives, which led to forced migration, both external and internal. Statistical data on the number of internally displaced persons are indicated. The constitutional rights of a person, a citizen and internally displaced persons are specified. It is indicated that the fact of internal displacement is confirmed by a certificate of registration of an internally displaced person. It was established that the state maximally contributes to the support of such a category of population as internally displaced persons and maximally mitigates the consequences of the armed aggression of the Russian Federation. It is noted that for the development and improvement of the material and technical base aimed at ensuring the protection of the rights and freedoms of internally displaced persons, funds from enterprises, institutions and organizations, foreign states and international organizations can be attracted in the form of charitable, humanitarian, material and technical assistance, charitable organizations and public associations, other sources not prohibited by law. It is noted that for persons with disabilities and children and for other internally displaced persons, financial support for accommodation is provided, as well as one-time assistance can be received by persons who have been evacuated from the areas of hostilities. It is indicated that compensation is provided to owners of damaged or destroyed housing, compensation for damages, as well as compensation to entrepreneurs for employment of internally displaced persons. It is noted that the promotion and implementation of political, economic, cultural and other measures for the social protection of internally displaced persons and other citizens of Ukraine is an important duty of the state.
{"title":"Some matters of social security internally displaced persons under the conditions of the state of martial","authors":"N. Blok","doi":"10.23939/law2023.39.066","DOIUrl":"https://doi.org/10.23939/law2023.39.066","url":null,"abstract":"The article analyzes the social security of internally displaced persons. Based on the analysis of current legislation and modern scientific research, a definition of the concept of «internally displaced persons» is proposed. The causes of forced migration and their impact on the social security of internally displaced persons in Ukraine are indicated. Namely, due to the military aggression of the Russian Federation against Ukraine, a large number of Ukrainian citizens were forced to move, saving their own lives, which led to forced migration, both external and internal. Statistical data on the number of internally displaced persons are indicated. The constitutional rights of a person, a citizen and internally displaced persons are specified. It is indicated that the fact of internal displacement is confirmed by a certificate of registration of an internally displaced person. It was established that the state maximally contributes to the support of such a category of population as internally displaced persons and maximally mitigates the consequences of the armed aggression of the Russian Federation. It is noted that for the development and improvement of the material and technical base aimed at ensuring the protection of the rights and freedoms of internally displaced persons, funds from enterprises, institutions and organizations, foreign states and international organizations can be attracted in the form of charitable, humanitarian, material and technical assistance, charitable organizations and public associations, other sources not prohibited by law. It is noted that for persons with disabilities and children and for other internally displaced persons, financial support for accommodation is provided, as well as one-time assistance can be received by persons who have been evacuated from the areas of hostilities. It is indicated that compensation is provided to owners of damaged or destroyed housing, compensation for damages, as well as compensation to entrepreneurs for employment of internally displaced persons. It is noted that the promotion and implementation of political, economic, cultural and other measures for the social protection of internally displaced persons and other citizens of Ukraine is an important duty of the state.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"113 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349668","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 rationale for an expert's categorical negative opinion on the example of an expert study of narcotic drugs from the poppy plant. The plant mass submitted for examination, which by its external features resembles poppy straw, was examined by microscopic and chemical methods. The microscopic examination revealed anatomical and morphological elements characteristic of poppy sleeping pills, which is the basis for classifying the substance under investigation as poppy straw. According to the List of Narcotic Drugs, Psychotropic Substances and Precursors, poppy straw containing narcotically active opium alkaloids is a narcotic drug. To confirm the presence of narcotically active opium alkaloids in poppy straw, the study was carried out by microscopic and thin-layer chromatography. As a result of the study, it was established that the poppy straw provided for the study did not contain any narcotically active opium alkaloids, and, therefore, was not a narcotic drug. The absence of opium alkaloids can be explained by the multiple extraction of poppy straw, as evidenced by its appearance, colour and smell of the solvent. The study of the residues of a dark brown substance from the surface of the dishes was carried out by thin-layer chromatography according to the standard method. As a result of the study, trace amounts of morphine, which is a narcotic drug, were found. The results of the study provided a categorical negative conclusion, which may be the basis for closing the criminal proceedings. The presence of a small amount of morphine in the substance on the surface of the dishes does not significantly affect this decision. Key words: categorical negative conclusion, forensic examination of narcotic drugs,narcotic drug, poppy straw, anatomical and morphological elements of poppy, opium alkaloids, extraction of poppy straw, microscopic method, thin-layer chromatography method.
{"title":"Categorical negative conclusion in the examination of narcotic drugs","authors":"Victoria Zubyk, V. Baranyak","doi":"10.23939/law2023.39.175","DOIUrl":"https://doi.org/10.23939/law2023.39.175","url":null,"abstract":"The article examines the rationale for an expert's categorical negative opinion on the example of an expert study of narcotic drugs from the poppy plant. The plant mass submitted for examination, which by its external features resembles poppy straw, was examined by microscopic and chemical methods. The microscopic examination revealed anatomical and morphological elements characteristic of poppy sleeping pills, which is the basis for classifying the substance under investigation as poppy straw. According to the List of Narcotic Drugs, Psychotropic Substances and Precursors, poppy straw containing narcotically active opium alkaloids is a narcotic drug. To confirm the presence of narcotically active opium alkaloids in poppy straw, the study was carried out by microscopic and thin-layer chromatography. As a result of the study, it was established that the poppy straw provided for the study did not contain any narcotically active opium alkaloids, and, therefore, was not a narcotic drug. The absence of opium alkaloids can be explained by the multiple extraction of poppy straw, as evidenced by its appearance, colour and smell of the solvent. The study of the residues of a dark brown substance from the surface of the dishes was carried out by thin-layer chromatography according to the standard method. As a result of the study, trace amounts of morphine, which is a narcotic drug, were found. The results of the study provided a categorical negative conclusion, which may be the basis for closing the criminal proceedings. The presence of a small amount of morphine in the substance on the surface of the dishes does not significantly affect this decision. Key words: categorical negative conclusion, forensic examination of narcotic drugs,narcotic drug, poppy straw, anatomical and morphological elements of poppy, opium alkaloids, extraction of poppy straw, microscopic method, thin-layer chromatography method.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"135 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349671","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}
Taking into account that our country is rapidly integrating into the European space, the article analyzes the international experience of legal regulation of the institution of mediation and the possibility of its implementation in Ukraine. In particular, the international experience in matters of dispute settlement, which is carried out with the help of mediation procedures, bodies responsible for mediation in the USA, Austria, Germany, Finland, Ireland, Australia and other countries, is disclosed. It is emphasized that the world practice of mandatory mediation in family disputes is due to the fact that mediation makes it possible to take into account those aspects that are not subject to legal regulation, but are of significant importance in family legal relations. Special attention is paid to a pronounced trend in foreign countries regarding family mediation, namely, regarding its professionalization. Thus, in most states, high professional training is provided, educational standards of training are developed and approved, and a procedure for state accreditation of family mediators is introduced. The importance and effectiveness of introducing the institution of family mediation into the legal system of Ukraine as an alternative to the court is highlighted.
{"title":"Foreign experience of family mediation and its possibility of implementation in Ukraine","authors":"Maria Antsyferova, Victoriya Chornopyska","doi":"10.23939/law2023.39.112","DOIUrl":"https://doi.org/10.23939/law2023.39.112","url":null,"abstract":"Taking into account that our country is rapidly integrating into the European space, the article analyzes the international experience of legal regulation of the institution of mediation and the possibility of its implementation in Ukraine. In particular, the international experience in matters of dispute settlement, which is carried out with the help of mediation procedures, bodies responsible for mediation in the USA, Austria, Germany, Finland, Ireland, Australia and other countries, is disclosed. It is emphasized that the world practice of mandatory mediation in family disputes is due to the fact that mediation makes it possible to take into account those aspects that are not subject to legal regulation, but are of significant importance in family legal relations. Special attention is paid to a pronounced trend in foreign countries regarding family mediation, namely, regarding its professionalization. Thus, in most states, high professional training is provided, educational standards of training are developed and approved, and a procedure for state accreditation of family mediators is introduced. The importance and effectiveness of introducing the institution of family mediation into the legal system of Ukraine as an alternative to the court is highlighted.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349673","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 reveals the phenomenon of religious identity within the framework of the philosophical and legal discourse. The two most common approaches to understanding religious identity are defined: The first approach considers the definition of religious identity as a category of religious consciousness, the content of which is the understanding of the relationship with ideas and values, it actualizes the general religious self-characteristics of an individual, that is, an individual attitude to the sacred, which can be expressed in a personal the attitude of a person regarding the supernatural features of individual symbols. Therefore, this attitude can be actualized by the definition: "I am a believer"; the second approach considers religious identity as a form of belonging to a certain religion or a specific religious community, the individual's belonging to a religious organization is formed. Hence, religious identity defines a specific form of religiosity and is actualized as a confessional identity, which can be formulated in the definitions: "I am a Catholic Christian", "I am a Buddhist", "I am a Muslim", etc. It was found that religious identity is a socio-psychological construct that outlines the unity of a religious organization, which is achieved by the intersubjective orientation of community members to a common idealized set of symbols that actualize the essence of ontological, axiological and ethical regulations of a religious organization and are reproduced thanks to common sacred practices . Identity, as an attribute, is an individual's belonging to a certain social integrity - a religious community. From the standpoint of constructivism, religious identity is one of the social constructs that emerges in the process of subjective reflection and active construction of religious reality by an individual on the basis of social categorization. Hence, the cultural unity of religion as such (religious direction, confessional group, cult) is not its primary characteristic, but the result and meaning of existence.
{"title":"Phenomenon of religious identity: philosophical and legal construction of the content","authors":"Victoriya Chornopyska","doi":"10.23939/law2023.39.051","DOIUrl":"https://doi.org/10.23939/law2023.39.051","url":null,"abstract":"The article reveals the phenomenon of religious identity within the framework of the philosophical and legal discourse. The two most common approaches to understanding religious identity are defined: The first approach considers the definition of religious identity as a category of religious consciousness, the content of which is the understanding of the relationship with ideas and values, it actualizes the general religious self-characteristics of an individual, that is, an individual attitude to the sacred, which can be expressed in a personal the attitude of a person regarding the supernatural features of individual symbols. Therefore, this attitude can be actualized by the definition: \"I am a believer\"; the second approach considers religious identity as a form of belonging to a certain religion or a specific religious community, the individual's belonging to a religious organization is formed. Hence, religious identity defines a specific form of religiosity and is actualized as a confessional identity, which can be formulated in the definitions: \"I am a Catholic Christian\", \"I am a Buddhist\", \"I am a Muslim\", etc. It was found that religious identity is a socio-psychological construct that outlines the unity of a religious organization, which is achieved by the intersubjective orientation of community members to a common idealized set of symbols that actualize the essence of ontological, axiological and ethical regulations of a religious organization and are reproduced thanks to common sacred practices . Identity, as an attribute, is an individual's belonging to a certain social integrity - a religious community. From the standpoint of constructivism, religious identity is one of the social constructs that emerges in the process of subjective reflection and active construction of religious reality by an individual on the basis of social categorization. Hence, the cultural unity of religion as such (religious direction, confessional group, cult) is not its primary characteristic, but the result and meaning of existence.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"100 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349592","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 aspects of the generalization of problems in the field of integrity of judges in modern conditions of political and legal reality. The integrity of judges is the basis for ensuring civil rights and freedoms, as well as for fulfilling the important role of judges in ensuring a just society. In the context of judicial reform in Ukraine, the integrity of judges acts as a strategic tool for ensuring the independence and transparency of the judicial system, contributes to strengthening citizens' trust in the judiciary and increasing the authority of the court in society. It has been established that in the context of the purification of the judiciary, the integrity of the courts becomes a key tool for identifying and using negative phenomena, such as corruption, impartiality and other violations of ethical norms. This requires judges to follow not only the letter of the law, but also the higher principles of justice, which are based on general human rights and principles of justice. It is motivated that trust in the judicial system is based on society's deep understanding of equality before the law and the independence of the judiciary from the influence of political or other external factors, acting as a key element of the legitimation of power and the legal system as a whole. Therefore, it is summarized that the judicial system, as a reflector in the entire legal system, bears a huge responsibility to society and the state as a whole, contributing to establishing trust in the legal system and supporting the principles of equality and justice. The following problems in the field of integrity of judges in the modern political and legal reality are singled out: moral instability of representatives of the judiciary and the dilemma of individual morality in the context of a court decision; political influence on judges and the process of administration of justice; systemic defects and moral and ethical orientation of the judicial system, here it is important to take into account that the judicial system itself can write internal defects and conflicts of interests that can undermine the integrity of judges; intercultural dissonance and problems of sociocultural adaptation of judges in international aspects of the implementation of multifaceted social space.
{"title":"Problems in the sphere of judges’ benevolence in the modern conditions of political and legal reality","authors":"Rostislav Matviyіv","doi":"10.23939/law2023.39.021","DOIUrl":"https://doi.org/10.23939/law2023.39.021","url":null,"abstract":"The article examines aspects of the generalization of problems in the field of integrity of judges in modern conditions of political and legal reality. The integrity of judges is the basis for ensuring civil rights and freedoms, as well as for fulfilling the important role of judges in ensuring a just society. In the context of judicial reform in Ukraine, the integrity of judges acts as a strategic tool for ensuring the independence and transparency of the judicial system, contributes to strengthening citizens' trust in the judiciary and increasing the authority of the court in society. It has been established that in the context of the purification of the judiciary, the integrity of the courts becomes a key tool for identifying and using negative phenomena, such as corruption, impartiality and other violations of ethical norms. This requires judges to follow not only the letter of the law, but also the higher principles of justice, which are based on general human rights and principles of justice. It is motivated that trust in the judicial system is based on society's deep understanding of equality before the law and the independence of the judiciary from the influence of political or other external factors, acting as a key element of the legitimation of power and the legal system as a whole. Therefore, it is summarized that the judicial system, as a reflector in the entire legal system, bears a huge responsibility to society and the state as a whole, contributing to establishing trust in the legal system and supporting the principles of equality and justice. The following problems in the field of integrity of judges in the modern political and legal reality are singled out: moral instability of representatives of the judiciary and the dilemma of individual morality in the context of a court decision; political influence on judges and the process of administration of justice; systemic defects and moral and ethical orientation of the judicial system, here it is important to take into account that the judicial system itself can write internal defects and conflicts of interests that can undermine the integrity of judges; intercultural dissonance and problems of sociocultural adaptation of judges in international aspects of the implementation of multifaceted social space.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article outlines the peculiarities of the development of the interaction between the subjects of the codification of national labor legislation. It is noted that the level of effective implementation of rights by employees and employers also determines the nature of the interaction between the subjects of the codification of labor legislation, which arises in connection with the process of implementation of the constitutional right to work by citizens. Therefore, in order to ensure equal opportunities for participation in the codification work of employees and employers, it is necessary to clearly define their basic rights in the Labor Code of Ukraine. In particular, the consolidation of the basic labor rights of employees and employers should take place in the aspect of expanding the application of international standards for the involvement of employees in making legally important decisions. The provision of equal rights for employees and employers and the focus of labor legislation on expanding the powers of employees and employers in the work process will allow optimizing labor relations as a whole. The following features of the interaction of subjects of the codification of labor legislation were determined: 1) involvement of public representatives, namely employees, employers and their associations in the process of adoption of the new Labor Code of Ukraine; 2) increasing the authority of codification in terms of expanding the labor rights of employees; 3) delegating the resolution of issues resolved at the centralized level to the local level; 4) coordinating the interaction of the subjects of the official codification of labor legislation in Ukraine and the Council of Europe, the European Commission as an institution of the European Union, which is entrusted with the functions of the executive body; 5) strengthening of collective agreement regulation within the framework of social dialogue, which affects the formation of new provisions of the draft Labor Code of Ukraine; 6) joint focus on harmonizing norms of the field of labor law and norms of labor legislation; 7) the need to create a single codification body in Ukraine – the Higher Codification Commission.
{"title":"Features of the interaction of subjects of the codification of labor legislation in Ukraine","authors":"Uliana Beck","doi":"10.23939/law2023.39.119","DOIUrl":"https://doi.org/10.23939/law2023.39.119","url":null,"abstract":"The article outlines the peculiarities of the development of the interaction between the subjects of the codification of national labor legislation. It is noted that the level of effective implementation of rights by employees and employers also determines the nature of the interaction between the subjects of the codification of labor legislation, which arises in connection with the process of implementation of the constitutional right to work by citizens. Therefore, in order to ensure equal opportunities for participation in the codification work of employees and employers, it is necessary to clearly define their basic rights in the Labor Code of Ukraine. In particular, the consolidation of the basic labor rights of employees and employers should take place in the aspect of expanding the application of international standards for the involvement of employees in making legally important decisions. The provision of equal rights for employees and employers and the focus of labor legislation on expanding the powers of employees and employers in the work process will allow optimizing labor relations as a whole. The following features of the interaction of subjects of the codification of labor legislation were determined: 1) involvement of public representatives, namely employees, employers and their associations in the process of adoption of the new Labor Code of Ukraine; 2) increasing the authority of codification in terms of expanding the labor rights of employees; 3) delegating the resolution of issues resolved at the centralized level to the local level; 4) coordinating the interaction of the subjects of the official codification of labor legislation in Ukraine and the Council of Europe, the European Commission as an institution of the European Union, which is entrusted with the functions of the executive body; 5) strengthening of collective agreement regulation within the framework of social dialogue, which affects the formation of new provisions of the draft Labor Code of Ukraine; 6) joint focus on harmonizing norms of the field of labor law and norms of labor legislation; 7) the need to create a single codification body in Ukraine – the Higher Codification Commission.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349535","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 qualification of military and war crimes in the legislation of the Tsardom of Muscovy, the Russian Empire, the RSFSR and modern Russia is considered. A conclusion about the primacy of military expediency over considerations of universal morality and humanism is made. Thus, the legislation of the Tsardom of Muscovy foresaw the possibility of turning the so-called boyar children (the younger layer of the boyars), suspended by the tsar from service, into kholops (serfs). The military legislation of Peter I does not distinguish between the suicide of a soldier and treason. The military reform of Alexander II, carried out by Minister Milyutin, somewhat liberalized military legislation and created a clear system of military courts. The refusal of the Provisional Government to use the death penalty disorganized the Russian army, and this was considered by the Bolsheviks while creating the Red Guards and the Red Army. During the civil war, the Bolshevik headship even used decimation regarding the Red Army men. After the end of hostilities, military crimes (Criminal Code of the RSFSR of 1922) were generally punished more mildly, but the tightening of the screws in the direction of repression’s increase began almost immediately. These processes reached their apogee during the Second World War when the widest range of cases was handed over to military tribunals. In the Criminal Code of the RSFSR of 1960, the number of military crimes doubled, and the sanction became as severe as possible (up to the death penalty). The concept of a war crime is first mentioned in Article 67.1. The use of biological weapons, but it was introduced into the Code by the Law of the Russian Federation, dated 29.04.1993. The criminal code of the modern Russian Federation includes both military and war crimes, the sanctions are severe, but thesein no way restrain the Russian army, Rosgvardiya (National Guard of Russia), and paramilitary formations during a full-scale war against Ukraine. The world has witnessed numerous crimes against the civilian population, prisoners of war, and the environment (the blowing up of the Kakhovka HPP).
{"title":"War and military crimes in the criminal legislation of the Russian empire, the rsfsr, and the Russian federation: theory and direct practice","authors":"Volodymyr Makarchuk","doi":"10.23939/law2023.39.204","DOIUrl":"https://doi.org/10.23939/law2023.39.204","url":null,"abstract":"The qualification of military and war crimes in the legislation of the Tsardom of Muscovy, the Russian Empire, the RSFSR and modern Russia is considered. A conclusion about the primacy of military expediency over considerations of universal morality and humanism is made. Thus, the legislation of the Tsardom of Muscovy foresaw the possibility of turning the so-called boyar children (the younger layer of the boyars), suspended by the tsar from service, into kholops (serfs). The military legislation of Peter I does not distinguish between the suicide of a soldier and treason. The military reform of Alexander II, carried out by Minister Milyutin, somewhat liberalized military legislation and created a clear system of military courts. The refusal of the Provisional Government to use the death penalty disorganized the Russian army, and this was considered by the Bolsheviks while creating the Red Guards and the Red Army. During the civil war, the Bolshevik headship even used decimation regarding the Red Army men. After the end of hostilities, military crimes (Criminal Code of the RSFSR of 1922) were generally punished more mildly, but the tightening of the screws in the direction of repression’s increase began almost immediately. These processes reached their apogee during the Second World War when the widest range of cases was handed over to military tribunals. In the Criminal Code of the RSFSR of 1960, the number of military crimes doubled, and the sanction became as severe as possible (up to the death penalty). The concept of a war crime is first mentioned in Article 67.1. The use of biological weapons, but it was introduced into the Code by the Law of the Russian Federation, dated 29.04.1993. The criminal code of the modern Russian Federation includes both military and war crimes, the sanctions are severe, but thesein no way restrain the Russian army, Rosgvardiya (National Guard of Russia), and paramilitary formations during a full-scale war against Ukraine. The world has witnessed numerous crimes against the civilian population, prisoners of war, and the environment (the blowing up of the Kakhovka HPP).","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"157 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349561","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 importance of effective interaction of public society institutions with state authorities is analyzed, because civil society institutions ensure the provision of high-quality and cost-effective social services, the organization of private individuals and legal entities under private law to independently satisfy their interests without additional financial or administrative costs from the state; spread of charity and provision of targeted and operational charitable assistance; participation in decision-making and thus ensuring greater effectiveness of decisions taking into account the interests of various social groups. It has been established that today this interaction is actively taking place in several legal forms, namely: the participation of civil society institutions in the rule-making activity of the state; participation of civil society institutions in law enforcement activities of the state; participation of civil society institutions in law enforcement activities of the state. The political and legal aspect of the right of citizens to association is defined, which is determined by the specificity of the subject of constitutional and legal regulation. It has been investigated that the activity of a public association or charitable organization in Ukraine before and after the start of a full-scale war is generally quite highly evaluated by representatives of the public sector. The role of the mass media, acting simultaneously as a channel for expressing the opinion of civil society, as a means of its formation, and as a tool for public control over power, is characterized. It was found that the essence and specificity of mass media is revealed through their functions. Determining the functions of the media means revealing the role played by the media as an element of the social system. The war caused the appearance in the media space of situations and legal dilemmas that were not relevant until now. In particular, not all information can be freely requested and used. After all, there is also information with limited access - secret, confidential, official. During martial law, it is especially important to follow the "letter of the law" and not to publish data that could directly or indirectly harm the security of the state and its citizens.
{"title":"Interaction between civil society institutions and government bodies","authors":"Olena Romtsiv, Yuliia Rudnytska","doi":"10.23939/law2023.39.104","DOIUrl":"https://doi.org/10.23939/law2023.39.104","url":null,"abstract":"The importance of effective interaction of public society institutions with state authorities is analyzed, because civil society institutions ensure the provision of high-quality and cost-effective social services, the organization of private individuals and legal entities under private law to independently satisfy their interests without additional financial or administrative costs from the state; spread of charity and provision of targeted and operational charitable assistance; participation in decision-making and thus ensuring greater effectiveness of decisions taking into account the interests of various social groups. It has been established that today this interaction is actively taking place in several legal forms, namely: the participation of civil society institutions in the rule-making activity of the state; participation of civil society institutions in law enforcement activities of the state; participation of civil society institutions in law enforcement activities of the state. The political and legal aspect of the right of citizens to association is defined, which is determined by the specificity of the subject of constitutional and legal regulation. It has been investigated that the activity of a public association or charitable organization in Ukraine before and after the start of a full-scale war is generally quite highly evaluated by representatives of the public sector. The role of the mass media, acting simultaneously as a channel for expressing the opinion of civil society, as a means of its formation, and as a tool for public control over power, is characterized. It was found that the essence and specificity of mass media is revealed through their functions. Determining the functions of the media means revealing the role played by the media as an element of the social system. The war caused the appearance in the media space of situations and legal dilemmas that were not relevant until now. In particular, not all information can be freely requested and used. After all, there is also information with limited access - secret, confidential, official. During martial law, it is especially important to follow the \"letter of the law\" and not to publish data that could directly or indirectly harm the security of the state and its citizens.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"132 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the study of the problem of the latency of criminal offenses committed against participants in criminal proceedings, as one of the elements of assessing the real level of crime in the sphere of justice and, in particular, in the sphere of criminal proceedings. Based on the analysis of scientific positions on the definition and main signs of latency, expressed by a number of scientists in the field of criminology, material and procedural law, it was established the presence of a whole set of prerequisites for ascertaining a high level of latency of crime in relation to participants in criminal proceedings. With the help of general scientific methods of cognition, the objective patterns of the latency of certain types of criminal offenses in the analyzed area have been clarified, and effective mechanisms for overcoming the latency of criminal offenses committed against participants in criminal proceedings have been proposed through the identification of a complex of prerequisites for a high level of latency of crimes in this area. In this regard, a system of mechanisms for the detection of this type of criminal offenses has been formulated through the conditional separation of uncognizable latent criminality from cognizable criminality, since the vast majority of latent criminal offenses committed against participants in criminal proceedings are covered by the concept of cognizable criminality, which undoubtedly has practical significance for the development systems of crime prevention measures in this area.
{"title":"Reasons and conditions of latency of certain criminal offenses, which are committed against participants in criminal proceedings","authors":"M. Huzela","doi":"10.23939/law2023.39.168","DOIUrl":"https://doi.org/10.23939/law2023.39.168","url":null,"abstract":"The article is devoted to the study of the problem of the latency of criminal offenses committed against participants in criminal proceedings, as one of the elements of assessing the real level of crime in the sphere of justice and, in particular, in the sphere of criminal proceedings. Based on the analysis of scientific positions on the definition and main signs of latency, expressed by a number of scientists in the field of criminology, material and procedural law, it was established the presence of a whole set of prerequisites for ascertaining a high level of latency of crime in relation to participants in criminal proceedings. With the help of general scientific methods of cognition, the objective patterns of the latency of certain types of criminal offenses in the analyzed area have been clarified, and effective mechanisms for overcoming the latency of criminal offenses committed against participants in criminal proceedings have been proposed through the identification of a complex of prerequisites for a high level of latency of crimes in this area. In this regard, a system of mechanisms for the detection of this type of criminal offenses has been formulated through the conditional separation of uncognizable latent criminality from cognizable criminality, since the vast majority of latent criminal offenses committed against participants in criminal proceedings are covered by the concept of cognizable criminality, which undoubtedly has practical significance for the development systems of crime prevention measures in this area.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the problem of forming an updated concept of public administration in the conditions of the formation of a public service state in Ukraine. The article analyzes the main prerequisites for the formation of the updated concept of public administration, the historical aspects of the birth of the relevant ideology, the formation of a philosophical and scientific idea regarding the terminological outline of the relevant concepts dedicated to the improvement of management processes in the state. Special attention is paid to the process of debureaucratization of management processes, strengthening of their flexibility, result-orientedness, involvement of the public in them. It is noted that the updated concept of public administration is being formed in the conditions of the formation of a public-service state in Ukraine and the establishment of "people-centrism" as a new philosophy of administrative-legal relations and interaction between the state and its citizens. It has been found that the establishment of "people-centeredness" as a new philosophy of administrative-legal relations and public management presupposes the predominance of the interests of man and society over the interests of the state. Special attention is devoted to the peculiarities of the normative and legal framework of modern public administration, to the search for ways to transform modern legislation in this area. It was found that the ideas of digitalization of the process of providing administrative services, creation of a single state web portal for their provision, rationalization and minimization of the list of documents and procedures used to obtain administrative services became important ideas enshrined in the current legislation of Ukraine. The role of the Ministry of Digital Transformation of Ukraine in the process of forming the updated concept of public administration in Ukraine is characterized. The importance of further work on the implementation of the "Digital State" project, which is actively implemented through the convenient online system "Action", was emphasized. Among the effective tools, the approval of which requires further support from the state, the services for providing electronic permit documents through the "Diya" portal, the electronic court system, electronic voting, etc., are mentioned.
{"title":"Concept of public administration in the conditions of the formation on the public-service state","authors":"Zoryana Dobosh","doi":"10.23939/law2023.39.074","DOIUrl":"https://doi.org/10.23939/law2023.39.074","url":null,"abstract":"The article is devoted to the problem of forming an updated concept of public administration in the conditions of the formation of a public service state in Ukraine. The article analyzes the main prerequisites for the formation of the updated concept of public administration, the historical aspects of the birth of the relevant ideology, the formation of a philosophical and scientific idea regarding the terminological outline of the relevant concepts dedicated to the improvement of management processes in the state. Special attention is paid to the process of debureaucratization of management processes, strengthening of their flexibility, result-orientedness, involvement of the public in them. It is noted that the updated concept of public administration is being formed in the conditions of the formation of a public-service state in Ukraine and the establishment of \"people-centrism\" as a new philosophy of administrative-legal relations and interaction between the state and its citizens. It has been found that the establishment of \"people-centeredness\" as a new philosophy of administrative-legal relations and public management presupposes the predominance of the interests of man and society over the interests of the state. Special attention is devoted to the peculiarities of the normative and legal framework of modern public administration, to the search for ways to transform modern legislation in this area. It was found that the ideas of digitalization of the process of providing administrative services, creation of a single state web portal for their provision, rationalization and minimization of the list of documents and procedures used to obtain administrative services became important ideas enshrined in the current legislation of Ukraine. The role of the Ministry of Digital Transformation of Ukraine in the process of forming the updated concept of public administration in Ukraine is characterized. The importance of further work on the implementation of the \"Digital State\" project, which is actively implemented through the convenient online system \"Action\", was emphasized. Among the effective tools, the approval of which requires further support from the state, the services for providing electronic permit documents through the \"Diya\" portal, the electronic court system, electronic voting, etc., are mentioned.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"133 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349657","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：