Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.2.06
I. Pastukh
The purpose of the article is to consider the current state and identify areas for improving the legal regulation of administrative liability for driving while intoxicated under martial law. Based on the provisions of current legislation, achievements of the science of administrative law, it considers the provisions of three draft laws of Ukraine, which amend the Code of Ukraine on Administrative Offenses to strengthen liability for driving under the influence of alcohol, drugs or other intoxicants martial law. A number of research methods are used, due to its purpose and objectives. Statistical – to determine the dynamics of the number of administrative offenses committed with the participation of drivers who were behind the wheel in a state of intoxication. System-structural and functional – to determine the place and role of individual public administration in ensuring the country’s defense capabilities, the comparative law method was used in the study of draft regulations and CAO, which determine the grounds and procedure for confiscation of vehicles, etc. Results. The norms of the draft laws are considered from the point of view of their material and procedural direction. According to the first direction, remarks and proposals were formulated: on the general provisions of confiscation of a vehicle, which consists in its forced gratuitous transfer to state ownership; concerning the range of subjects for whose needs confiscated vehicles are transferred during martial law, excluding the Ministry of Internal Affairs from this list and expanding it at the expense of the National Guard of Ukraine, other military formations formed in accordance with the laws of Ukraine; on the inexpediency of supplementing the Code of Administrative Offenses with a rule that deprivation of the right to drive vehicles is appointed by the court and applies to persons who have such a right legally, as they make it impossible to apply the provisions of Part 2, 3, 6, 7 of Art. 130 of the Code; on the inexpediency of imposing such a penalty as deprivation of the right to drive vehicles for ten years and their confiscation, as they are contrary to applicable law; concerning introduction of temporary detention of vehicles before the decision of the case on the administrative offense provided by Art. 130 of the Code of Administrative Offenses (proposals to Article 265-2 of the Code). Conclusions. The main proposals of the author to the existing draft legislation are reduced to amendments to existing legislation in the following areas: a) temporary detention with a ban on the alienation of such a vehicle before the case judge; b) a reduced period for imposing such a penalty. It is emphasized that the existing projects need significant refinement, the application of a comprehensive substantive approach in order to ensure the implementation of tasks and achieve their goals.
{"title":"DIRECTIONS OF IMPROVEMENT OF LEGAL REGULATION OF ADMINISTRATIVE RESPONSIBILITY FOR DRIVING OF VEHICLES IN THE STATE OF INTOXICATION","authors":"I. Pastukh","doi":"10.17721/2227-796x.2022.2.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.06","url":null,"abstract":"The purpose of the article is to consider the current state and identify areas for improving the legal regulation of administrative liability for driving while intoxicated under martial law. Based on the provisions of current legislation, achievements of the science of administrative law, it considers the provisions of three draft laws of Ukraine, which amend the Code of Ukraine on Administrative Offenses to strengthen liability for driving under the influence of alcohol, drugs or other intoxicants martial law. A number of research methods are used, due to its purpose and objectives. Statistical – to determine the dynamics of the number of administrative offenses committed with the participation of drivers who were behind the wheel in a state of intoxication. System-structural and functional – to determine the place and role of individual public administration in ensuring the country’s defense capabilities, the comparative law method was used in the study of draft regulations and CAO, which determine the grounds and procedure for confiscation of vehicles, etc. Results. The norms of the draft laws are considered from the point of view of their material and procedural direction. According to the first direction, remarks and proposals were formulated: on the general provisions of confiscation of a vehicle, which consists in its forced gratuitous transfer to state ownership; concerning the range of subjects for whose needs confiscated vehicles are transferred during martial law, excluding the Ministry of Internal Affairs from this list and expanding it at the expense of the National Guard of Ukraine, other military formations formed in accordance with the laws of Ukraine; on the inexpediency of supplementing the Code of Administrative Offenses with a rule that deprivation of the right to drive vehicles is appointed by the court and applies to persons who have such a right legally, as they make it impossible to apply the provisions of Part 2, 3, 6, 7 of Art. 130 of the Code; on the inexpediency of imposing such a penalty as deprivation of the right to drive vehicles for ten years and their confiscation, as they are contrary to applicable law; concerning introduction of temporary detention of vehicles before the decision of the case on the administrative offense provided by Art. 130 of the Code of Administrative Offenses (proposals to Article 265-2 of the Code). Conclusions. The main proposals of the author to the existing draft legislation are reduced to amendments to existing legislation in the following areas: a) temporary detention with a ban on the alienation of such a vehicle before the case judge; b) a reduced period for imposing such a penalty. It is emphasized that the existing projects need significant refinement, the application of a comprehensive substantive approach in order to ensure the implementation of tasks and achieve their goals.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79438753","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.3.05
K.V. Piatyhora
The purpose of this article is to reveal the essence and content of the concept of “electronic court”, to determine the preconditions for the formation of electronic administrative proceedings in Ukraine, to analyze the main stages of formation and development of “electronic court” in administrative proceedings of Ukraine. The research methodology was formed by a set of general scientific and special methods of cognition. The use of these methods was mostly complex, due to the specifics of the topic of the scientific article. In particular, the systematic method is used in the study of the categorical apparatus, namely in defining the concepts of “electronic court” and “electronic administrative proceedings”. The formal-legal method is also used to clarify the content of legal concepts. The author uses the dialectical method of cognition during the research and systematization of the stages of development of electronic administrative proceedings in Ukraine. The periodization proposed by the author is based on a significant amount of normative material that regulates the functioning of e-justice in Ukraine. Thanks to the methods of synthesis and generalization, the main possibilities of e-justice, which can be used by a participant in the administrative process, have been identified. The results of the study are to define and clarify the concept of “electronic court” based on the analysis of scientific views and current legislation of Ukraine. The concept of “electronic court” in the broad and narrow sense. The preconditions for the emergence of electronic administrative proceedings in Ukraine have been studied and it has been established that the informatization of the judicial system has led to the formation of a new way of administering justice – electronic, ie on the basis of information and telecommunications technologies. The main stages of development of electronic administrative proceedings in Ukraine are highlighted and characterized, and the successful implementation of the e-court project in Ukraine is emphasized. On the basis of the analysis of the current legislation of Ukraine the peculiarities of the functioning of the “electronic court” are determined and the new possibilities of the “electronic court” are singled out, which are given to the participants of the administrative process during their administrative cases. It is concluded that at the present stage of development of the judicial system of Ukraine, electronic administrative proceedings are only at the stage of their formation and require a lot of effort for their full and effective functioning. Emphasis is placed on the success that our judicial system has achieved in implementing this project. Therefore, further research and implementation of this project is one of the main ways to improve the efficiency of justice in Ukraine.
{"title":"IMPLEMENTATION OF ELECTRONIC ADMINISTRATIVE JUDICIAL PROCEDURE IN UKRAINE: PREREQUISITES, ESSENCE AND STAGES OF ESTABLISHMENT","authors":"K.V. Piatyhora","doi":"10.17721/2227-796x.2022.3.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.05","url":null,"abstract":"The purpose of this article is to reveal the essence and content of the concept of “electronic court”, to determine the preconditions for the formation of electronic administrative proceedings in Ukraine, to analyze the main stages of formation and development of “electronic court” in administrative proceedings of Ukraine. The research methodology was formed by a set of general scientific and special methods of cognition. The use of these methods was mostly complex, due to the specifics of the topic of the scientific article. In particular, the systematic method is used in the study of the categorical apparatus, namely in defining the concepts of “electronic court” and “electronic administrative proceedings”. The formal-legal method is also used to clarify the content of legal concepts. The author uses the dialectical method of cognition during the research and systematization of the stages of development of electronic administrative proceedings in Ukraine. The periodization proposed by the author is based on a significant amount of normative material that regulates the functioning of e-justice in Ukraine. Thanks to the methods of synthesis and generalization, the main possibilities of e-justice, which can be used by a participant in the administrative process, have been identified. The results of the study are to define and clarify the concept of “electronic court” based on the analysis of scientific views and current legislation of Ukraine. The concept of “electronic court” in the broad and narrow sense. The preconditions for the emergence of electronic administrative proceedings in Ukraine have been studied and it has been established that the informatization of the judicial system has led to the formation of a new way of administering justice – electronic, ie on the basis of information and telecommunications technologies. The main stages of development of electronic administrative proceedings in Ukraine are highlighted and characterized, and the successful implementation of the e-court project in Ukraine is emphasized. On the basis of the analysis of the current legislation of Ukraine the peculiarities of the functioning of the “electronic court” are determined and the new possibilities of the “electronic court” are singled out, which are given to the participants of the administrative process during their administrative cases. It is concluded that at the present stage of development of the judicial system of Ukraine, electronic administrative proceedings are only at the stage of their formation and require a lot of effort for their full and effective functioning. Emphasis is placed on the success that our judicial system has achieved in implementing this project. Therefore, further research and implementation of this project is one of the main ways to improve the efficiency of justice in Ukraine.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"161 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80158368","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.2.03
Yevhen Bakutin
The article is devoted to traffic control with the use of vehicles. Control over road users is a very effective area of activity of the Patrol Police Department, which allows to quickly influence the traffic process and the behavior of its participants. That is, the patrol police directly monitors traffic in Ukraine. The effectiveness of control largely depends on the forms and methods of its implementation. According to most experts, the reduction in accidents is due to a number of national measures, among which an important place is to improve the rules establishing liability for violations of traffic rules. The purpose of the study – the article considers the issue of car – phantom patrol in a more “understandable” aspect, namely: the implementation of specialized police cars without special external control over compliance with road users in accordance with the Law of Ukraine “On Road Traffic”. Methodology. The research is based on the dialectical-materialist method of scientific knowledge of social and legal phenomena, as well as general and special methods of legal science, namely: system-structural, comparative-legal, logical-legal (dogmatic), statistical. The scientific novelty of the study is to prove a particularly acute issue in the fight against traffic safety in the field of specialized vehicles – “phantoms”. Legislation on road safety has played a positive role in the last five years. The state of accidents in the state has stabilized, the level of discipline of road users has relatively increased. However, the problem of traffic safety remains unresolved. Experience with the implementation of traffic policy shows that the implementation of preventive measures is successful when the methods of persuasion are supported by legal norms that establish responsibility, an adequate degree of public danger of traffic violations. Conclusions. Regarding the introduction of fixation of traffic violations by specialized cars – “phantoms”, it should be noted that this should be preceded by extensive outreach among citizens and especially among drivers. Therefore, it is desirable to organize explanatory work of patrol police chiefs in the media. As a result, all this will lead to an atmosphere of understanding among drivers about the need and legitimacy of the use of this form of control in the work of the patrol police of Ukraine. The main purpose of the introduction of specialized vehicles – “phantoms” – is to identify and eliminate from the process of traffic drivers who have committed serious violations that directly affect the occurrence of road accidents. Therefore, timely control is the key to road safety and saved lives.
{"title":"CERTAIN ASPECTS ON THE ORGANIZATION OF TRAFFIC CONTROL","authors":"Yevhen Bakutin","doi":"10.17721/2227-796x.2022.2.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.03","url":null,"abstract":"The article is devoted to traffic control with the use of vehicles. Control over road users is a very effective area of activity of the Patrol Police Department, which allows to quickly influence the traffic process and the behavior of its participants. That is, the patrol police directly monitors traffic in Ukraine. The effectiveness of control largely depends on the forms and methods of its implementation. According to most experts, the reduction in accidents is due to a number of national measures, among which an important place is to improve the rules establishing liability for violations of traffic rules. The purpose of the study – the article considers the issue of car – phantom patrol in a more “understandable” aspect, namely: the implementation of specialized police cars without special external control over compliance with road users in accordance with the Law of Ukraine “On Road Traffic”. Methodology. The research is based on the dialectical-materialist method of scientific knowledge of social and legal phenomena, as well as general and special methods of legal science, namely: system-structural, comparative-legal, logical-legal (dogmatic), statistical. The scientific novelty of the study is to prove a particularly acute issue in the fight against traffic safety in the field of specialized vehicles – “phantoms”. Legislation on road safety has played a positive role in the last five years. The state of accidents in the state has stabilized, the level of discipline of road users has relatively increased. However, the problem of traffic safety remains unresolved. Experience with the implementation of traffic policy shows that the implementation of preventive measures is successful when the methods of persuasion are supported by legal norms that establish responsibility, an adequate degree of public danger of traffic violations. Conclusions. Regarding the introduction of fixation of traffic violations by specialized cars – “phantoms”, it should be noted that this should be preceded by extensive outreach among citizens and especially among drivers. Therefore, it is desirable to organize explanatory work of patrol police chiefs in the media. As a result, all this will lead to an atmosphere of understanding among drivers about the need and legitimacy of the use of this form of control in the work of the patrol police of Ukraine. The main purpose of the introduction of specialized vehicles – “phantoms” – is to identify and eliminate from the process of traffic drivers who have committed serious violations that directly affect the occurrence of road accidents. Therefore, timely control is the key to road safety and saved lives.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"24 34","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91436525","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.4.05
Andriy Shkolyk
The purpose of the article is to establish optimal ways of amending the existing normativelegal acts of Ukraine (mainly legislative, but also by-laws) containing separate administrativeprocedural norms, due to the recent adoption of the general Law of Ukraine «On AdministrativeProcedure», which should enter into force at the end of 2023.The methodology used in the article involves the use of scientific methods of documentary analysis,comparative jurisprudence, modeling, as well as the system method.As a result of the conducted research, general conclusions and recommendations were formulated for the subjects of norm-designing and norm-making activities regarding the significant update ofexisting legal acts with different scope of administrative procedural norms in connection with theadoption of the General Law of Ukraine «On Administrative Procedure».First of all, in the above-mentioned activity, the reduction of the number and, in general, theminimization of normative legal acts, which to a greater or lesser extent regulate the administrativeprocedure in Ukraine, are desirable. Such minimization will objectively reduce the existing risks ofconflicts of legal norms and potential legal uncertainty for numerous subjects of law enforcement,both for functionally belonging to the public administration at the central and local levels, and forprivate (natural and legal) persons – participants in administrative proceedings.Secondly, the preservation of special legal regulation in certain spheres of activity of the nationalpublic administration should not be motivated by the mere existence of legislative acts or, moreover,by established traditions of their enforcement, which in practice borders on conservatism. Theonly reason for leaving certain acts of special legislation with the content of administrativeproceduralnorms in force should be a real justification of the feasibility of enshrining certainfeatures, different from the rules of general administrative procedure.Thirdly, in justified cases of preservation of special regulatory legal acts, their provisions shouldbe coordinated not only with the principles of administrative procedure defined by the newGeneral Law, but also with its new terminology and approaches to key administrative proceduralinstitutions.
{"title":"UPDATE OF REGULATORY AND LEGAL ACTS IN CONNECTION WITH THE ADOPTION OF THE LAW OF UKRAINE «ABOUT ADMINISTRATIVE PROCEDURE»","authors":"Andriy Shkolyk","doi":"10.17721/2227-796x.2022.4.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.05","url":null,"abstract":"The purpose of the article is to establish optimal ways of amending the existing normativelegal acts of Ukraine (mainly legislative, but also by-laws) containing separate administrativeprocedural norms, due to the recent adoption of the general Law of Ukraine «On AdministrativeProcedure», which should enter into force at the end of 2023.The methodology used in the article involves the use of scientific methods of documentary analysis,comparative jurisprudence, modeling, as well as the system method.As a result of the conducted research, general conclusions and recommendations were formulated for the subjects of norm-designing and norm-making activities regarding the significant update ofexisting legal acts with different scope of administrative procedural norms in connection with theadoption of the General Law of Ukraine «On Administrative Procedure».First of all, in the above-mentioned activity, the reduction of the number and, in general, theminimization of normative legal acts, which to a greater or lesser extent regulate the administrativeprocedure in Ukraine, are desirable. Such minimization will objectively reduce the existing risks ofconflicts of legal norms and potential legal uncertainty for numerous subjects of law enforcement,both for functionally belonging to the public administration at the central and local levels, and forprivate (natural and legal) persons – participants in administrative proceedings.Secondly, the preservation of special legal regulation in certain spheres of activity of the nationalpublic administration should not be motivated by the mere existence of legislative acts or, moreover,by established traditions of their enforcement, which in practice borders on conservatism. Theonly reason for leaving certain acts of special legislation with the content of administrativeproceduralnorms in force should be a real justification of the feasibility of enshrining certainfeatures, different from the rules of general administrative procedure.Thirdly, in justified cases of preservation of special regulatory legal acts, their provisions shouldbe coordinated not only with the principles of administrative procedure defined by the newGeneral Law, but also with its new terminology and approaches to key administrative proceduralinstitutions.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79110598","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.2.05
K. Nedostup
Purpose. The purpose of the article is to substantiate the proposal regarding the placement of legal norms that establish the procedure for collection of local taxes in the structure of the Tax Code of Ukraine. Methods. The quantitative text processing of the text of the Tax Code of Ukraine followed by the interpretation of the results was carried out with the help of content analysis. The formal and legal method was used for the logical processing of legal norms. The comparative method was used when comparing the structure of the code throughout its validity period and the grouping method was used during the division of local taxes and fees depending on the object of taxation. Results. It was substantiated that the legally established definition of the concept of “tax (fee, contribution)” has a tautology of essential features of the direction of mandatory payment. It contains the condition that payers receive a special benefit, which does not correspond to reality, is not fully correlated with rent payments and rent (for land). The words that are not synonyms and have different lexical meanings are identified in the defined concept. The logical definitions of the tax-legal terms such as “tax” and “local tax” which reveal the essence of these mandatory payments were formulated. It was proven that there is no property tax in the tax system. The norms of article 265 of the Tax Code of Ukraine are contrary to common sense – one local tax cannot “consist»” of three local taxes that have different legally established mandatory elements. It was emphasized that today, if business entity has the appropriate property (within the meaning given in article 190 of the Civil Code of Ukraine), it may be a payer of real property tax other than land, transport tax, land tax and parking spaces tax. The object of tourist taxation is not legally established. It was proven that it is a temporary accommodation service received by individual who is a taxpayer in the places of residence (overnight stay), the list of which is given in paragraph 268.5.1 of the Tax Code of Ukraine. It was emphasized that the name and the structure of Section XII of the Tax Code of Ukraine are not consistent with the norms of article 10 and article 265 of this Code. This section of the codified legal act includes the norms that establish the procedure for collection of the tourist tax, which is not taxed on property. Conclusions. The proposed structure of the special part of the Tax Code of Ukraine, which includes the procedures for collection of existing taxes and fees in the tax system, fully complies with the current norms of paragraph 8.1 of article 8, paragraph 9.1 of article 9 and paragraphs 10.1, 10.2 of article 10 of the Tax Code of Ukraine. It provides the opportunity to make additions to the relevant section of the Tax Code of Ukraine in case of the introduction of new national and/or local taxes and fees into the tax system of Ukraine.
{"title":"THE NORMS THAT ESTABLISH THE PROCEDURES FOR COLLECTION OF LOCAL TAXES IN THE STRUCTURE OF THE TAX CODE OF UKRAINE","authors":"K. Nedostup","doi":"10.17721/2227-796x.2022.2.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.05","url":null,"abstract":"Purpose. The purpose of the article is to substantiate the proposal regarding the placement of legal norms that establish the procedure for collection of local taxes in the structure of the Tax Code of Ukraine. Methods. The quantitative text processing of the text of the Tax Code of Ukraine followed by the interpretation of the results was carried out with the help of content analysis. The formal and legal method was used for the logical processing of legal norms. The comparative method was used when comparing the structure of the code throughout its validity period and the grouping method was used during the division of local taxes and fees depending on the object of taxation. Results. It was substantiated that the legally established definition of the concept of “tax (fee, contribution)” has a tautology of essential features of the direction of mandatory payment. It contains the condition that payers receive a special benefit, which does not correspond to reality, is not fully correlated with rent payments and rent (for land). The words that are not synonyms and have different lexical meanings are identified in the defined concept. The logical definitions of the tax-legal terms such as “tax” and “local tax” which reveal the essence of these mandatory payments were formulated. It was proven that there is no property tax in the tax system. The norms of article 265 of the Tax Code of Ukraine are contrary to common sense – one local tax cannot “consist»” of three local taxes that have different legally established mandatory elements. It was emphasized that today, if business entity has the appropriate property (within the meaning given in article 190 of the Civil Code of Ukraine), it may be a payer of real property tax other than land, transport tax, land tax and parking spaces tax. The object of tourist taxation is not legally established. It was proven that it is a temporary accommodation service received by individual who is a taxpayer in the places of residence (overnight stay), the list of which is given in paragraph 268.5.1 of the Tax Code of Ukraine. It was emphasized that the name and the structure of Section XII of the Tax Code of Ukraine are not consistent with the norms of article 10 and article 265 of this Code. This section of the codified legal act includes the norms that establish the procedure for collection of the tourist tax, which is not taxed on property. Conclusions. The proposed structure of the special part of the Tax Code of Ukraine, which includes the procedures for collection of existing taxes and fees in the tax system, fully complies with the current norms of paragraph 8.1 of article 8, paragraph 9.1 of article 9 and paragraphs 10.1, 10.2 of article 10 of the Tax Code of Ukraine. It provides the opportunity to make additions to the relevant section of the Tax Code of Ukraine in case of the introduction of new national and/or local taxes and fees into the tax system of Ukraine.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83645102","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.4.04
M. Kravchenko
Purpose. The purpose of the article consists in revealing the significance of the Law of Ukraine“On Administrative Procedure” for the protection of the right to human dignity in the field ofpublic administration.Methodology. Research methodology consists of general and special methods of scientificknowledge, and in particular: comparative, systemic-structural, formal-logical methods:deduction, induction, analysis and synthesis. Their use made it possible to analyze the investigatedproblem in the unity of its legal form and social content, as well as systematically and consistentlyapproach the disclosure of the research tasks.Results. The first section of the article describes the normative regulation of the right to human dignityat the level of Ukrainian legislation, notes the special importance of the decisions of the ConstitutionalCourt of Ukraine in revealing the content and role of this fundamental human right in the human rightssystem, and also emphasizes the limitations of its understanding in Ukraine, which as a result leads toto the lack of protection of the right to human dignity during administrative procedures.The second section of the article is devoted to clarifying the essence of the requirement that thepublic administration, when carrying out an administrative procedure, always sees a person as asubject of law. This demand is based on the right of human dignity. It prohibits turning any personinto an object in state procedures, degrading his dignity to the status of a thing. The third section of the article is devoted to the study of the mechanisms of protection of the rightto human dignity, which are laid down in the Law of Ukraine “On Administrative Procedure”.It has been proven that this Law contains a number of provisions aimed at ensuring compliancewith the right to human dignity of a private person in the administrative procedure. In particular,it is about the right to be heard, the requirement for the timeliness of consideration of a privateperson’s case by the public administration, the requirement for proportionality, the requirementfor the openness of the administrative procedure and other ideas that ensure the service of thepublic administration to the person, his needs, rights and legitimate interests.Conclusions. In the conclusions to the article, it is stated that the Law of Ukraine “On AdministrativeProcedure” establishes a qualitatively new legal basis for administrative procedure, which isfocused on the needs of a private person. This novelty is reflected, first of all, in such principles ofadministrative procedure as: guaranteeing the right of a person to participate in administrativeproceedings; timeliness and reasonable term; impartiality (impartiality) of the administrativebody; good faith and prudence; proportionality; openness; presumption of legality of the person’sactions and demands, etc. This Law of Ukraine is focused on the protection of a private person inthe field of public administration, and first of
{"title":"THE LAW OF UKRAINE «ON ADMINISTRATIVE PROCEDURE» AS AN INSTRUMENT FOR THE PROTECTION OF THE RIGHT OF HUMAN DIGNITY IN THE SPHERE OF PUBLIC ADMINISTRATION","authors":"M. Kravchenko","doi":"10.17721/2227-796x.2022.4.04","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.04","url":null,"abstract":"Purpose. The purpose of the article consists in revealing the significance of the Law of Ukraine“On Administrative Procedure” for the protection of the right to human dignity in the field ofpublic administration.Methodology. Research methodology consists of general and special methods of scientificknowledge, and in particular: comparative, systemic-structural, formal-logical methods:deduction, induction, analysis and synthesis. Their use made it possible to analyze the investigatedproblem in the unity of its legal form and social content, as well as systematically and consistentlyapproach the disclosure of the research tasks.Results. The first section of the article describes the normative regulation of the right to human dignityat the level of Ukrainian legislation, notes the special importance of the decisions of the ConstitutionalCourt of Ukraine in revealing the content and role of this fundamental human right in the human rightssystem, and also emphasizes the limitations of its understanding in Ukraine, which as a result leads toto the lack of protection of the right to human dignity during administrative procedures.The second section of the article is devoted to clarifying the essence of the requirement that thepublic administration, when carrying out an administrative procedure, always sees a person as asubject of law. This demand is based on the right of human dignity. It prohibits turning any personinto an object in state procedures, degrading his dignity to the status of a thing. The third section of the article is devoted to the study of the mechanisms of protection of the rightto human dignity, which are laid down in the Law of Ukraine “On Administrative Procedure”.It has been proven that this Law contains a number of provisions aimed at ensuring compliancewith the right to human dignity of a private person in the administrative procedure. In particular,it is about the right to be heard, the requirement for the timeliness of consideration of a privateperson’s case by the public administration, the requirement for proportionality, the requirementfor the openness of the administrative procedure and other ideas that ensure the service of thepublic administration to the person, his needs, rights and legitimate interests.Conclusions. In the conclusions to the article, it is stated that the Law of Ukraine “On AdministrativeProcedure” establishes a qualitatively new legal basis for administrative procedure, which isfocused on the needs of a private person. This novelty is reflected, first of all, in such principles ofadministrative procedure as: guaranteeing the right of a person to participate in administrativeproceedings; timeliness and reasonable term; impartiality (impartiality) of the administrativebody; good faith and prudence; proportionality; openness; presumption of legality of the person’sactions and demands, etc. This Law of Ukraine is focused on the protection of a private person inthe field of public administration, and first of","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73962415","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.1.06
V. Kuzmych
Purpose. The objective of the article is to identify problems related to the regulatory establishment of the subjects of initiating the issue of securing a claim by suspending the acts (individual acts or normative legal acts) of subjects of imperious plenary powers and suggest ways to solve them. Methods. A special formal-logical method has been applied in order to study the issue f compliance with the requirements of the principle of legal certainty in the normative consolidation of the subjects of initiating the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers. By means of such general theoretical methods as analysis, synthesis, generalization and modelling, legislative errors in establishing a range of the subjects of initiating the issue of securing a claim have been identified, and suggestions to correct them have been made. Results. The article analyses the provisions of the Code of Administrative Proceedings of Ukraine in terms of the subjects of initiating the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers. Based on the analysis of scientific approaches and case law, the issue of whether the administrative court and all the parties of court proceedings (the plaintiff, the defendant, the third parties and the individuals granted by law to appeal to the court in the interests of others) are actual right holders to initiate the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers has been investigated. Conclusions. It has been proven that the legislator, contrary to the principle of legal certainty, does not provide for all the subjects of initiating the issue of securing an administrative claim. It has been noted that there is a collision between the provisions of part 1 and part 2 of art. 150 of the Code of Administrative Proceedings of Ukraine. This collision lies in the fact that part 1 of this article imperatively establishes that the subjects of initiating the issue of securing a claim are exclusively the parties of court proceedings and the administrative court, whereas part 2 also refers to the subjects of initiating the issue of securing a claim the individual who has not acquired the procedural status of a party of court proceedings (the plaintiff) yet, although may acquire it. It has been substantiated that the legislator, referring the defendant and the third parties who do not declare independent claims regarding the subject of the dispute on the part of the defendant as parties of court proceedings to the subjects of initiating the issue of securing an administrative claim, did not take into account the legal nature of this procedural institution. It has been substantiated that giving the administrative court the right to secure a claim on its own initiative corresponds to the specifics of administrative proceedings. It has been proposed to amend part 1 of art. 150 of the Code of Administrative Proc
{"title":"SUBJECTS OF INITIATING THE ISSUE OF SECURING A CLAIM BY SUSPENSION OF AN INDIVIDUAL ACT OR NORMATIVE LEGAL ACT","authors":"V. Kuzmych","doi":"10.17721/2227-796x.2022.1.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.1.06","url":null,"abstract":"Purpose. The objective of the article is to identify problems related to the regulatory establishment of the subjects of initiating the issue of securing a claim by suspending the acts (individual acts or normative legal acts) of subjects of imperious plenary powers and suggest ways to solve them. Methods. A special formal-logical method has been applied in order to study the issue f compliance with the requirements of the principle of legal certainty in the normative consolidation of the subjects of initiating the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers. By means of such general theoretical methods as analysis, synthesis, generalization and modelling, legislative errors in establishing a range of the subjects of initiating the issue of securing a claim have been identified, and suggestions to correct them have been made. Results. The article analyses the provisions of the Code of Administrative Proceedings of Ukraine in terms of the subjects of initiating the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers. Based on the analysis of scientific approaches and case law, the issue of whether the administrative court and all the parties of court proceedings (the plaintiff, the defendant, the third parties and the individuals granted by law to appeal to the court in the interests of others) are actual right holders to initiate the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers has been investigated. Conclusions. It has been proven that the legislator, contrary to the principle of legal certainty, does not provide for all the subjects of initiating the issue of securing an administrative claim. It has been noted that there is a collision between the provisions of part 1 and part 2 of art. 150 of the Code of Administrative Proceedings of Ukraine. This collision lies in the fact that part 1 of this article imperatively establishes that the subjects of initiating the issue of securing a claim are exclusively the parties of court proceedings and the administrative court, whereas part 2 also refers to the subjects of initiating the issue of securing a claim the individual who has not acquired the procedural status of a party of court proceedings (the plaintiff) yet, although may acquire it. It has been substantiated that the legislator, referring the defendant and the third parties who do not declare independent claims regarding the subject of the dispute on the part of the defendant as parties of court proceedings to the subjects of initiating the issue of securing an administrative claim, did not take into account the legal nature of this procedural institution. It has been substantiated that giving the administrative court the right to secure a claim on its own initiative corresponds to the specifics of administrative proceedings. It has been proposed to amend part 1 of art. 150 of the Code of Administrative Proc","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80648766","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.3.01
D. Melnyk
Advantages of the modern digital world and development of information technologies stipulated appearance of new threats to national security in an information sphere. All more frequent by the objects of cyberattacs, amount and power of which grows constantly, the information resources of financial institutions, enterprises of transport and power engineering, public organs, which guarantee security, defense, safety in case of disasters. Therefore a research purpose is a search of solutions of issues of the day for protection of national critical information infrastructure. Methods. For implementation of research different materials were used and applied aggregate of scientific and specially-legal scientific methods: dialectical method, system’s method and the analysis of content, method of induction and deduction, formal law method and others. These methods were select taking into account a select purpose and tasks of research. Results. The actual state of the legal adjusting of protection of critical information infrastructure of Ukraine is reflected In the article. The reference list of objects of domestic critical informative infrastructure, which require defence, is offered, for the use in scientific researches and practice. Actual threats are marked to safety of critical informative infrastructure, certain in the documents of strategic level and additionally specified on results the analysis of the materials of practice of counteraction to such threats. Such threats acquire fundamentally a new value in the conditions of conduct of Russian Federation of hybrid war against Ukraine and have tendencies to strengthening of them negative influence on the state of national security in it’s different spheres. Safety and security of objects of critical informative infrastructure from such threats are certain in Ukraine at conceptual level one of base elements of the national system of firmness. Modern problem aspects and necessities of defence of objects of critical informative infrastructure are outlined, offered paths of their decision taking into account Ukrainian and world experience, in thereby legislative, organizational, technical, regime, reconnaissance, counterespionage and investigation. Conclusions. For Ukraine characteristic are lacks of the legal adjusting of functioning and defence of national critical informative infrastructure, imperfection of public policy in the sphere of her defence in the conditions of high risk of feasance of diversions and terrorist and cyberattacs on her objects. Therefore for organization of effective defence of ОCІІ of Ukraine it is necessary to complete the forming of legislative ground of this activity, form the national system of defence of such objects, enter only methodology of providing of them stable functioning. It is also expedient to provide introduction of international standards of activity, adjusting of state-private partnership and development of international cooperation.
{"title":"PROTECTION OF NATIONAL CRITICAL INFORMATION INFRASTRUCTURE: ISSUES OF THE DAY AND SOLUTIONS","authors":"D. Melnyk","doi":"10.17721/2227-796x.2022.3.01","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.01","url":null,"abstract":"Advantages of the modern digital world and development of information technologies stipulated appearance of new threats to national security in an information sphere. All more frequent by the objects of cyberattacs, amount and power of which grows constantly, the information resources of financial institutions, enterprises of transport and power engineering, public organs, which guarantee security, defense, safety in case of disasters. Therefore a research purpose is a search of solutions of issues of the day for protection of national critical information infrastructure. Methods. For implementation of research different materials were used and applied aggregate of scientific and specially-legal scientific methods: dialectical method, system’s method and the analysis of content, method of induction and deduction, formal law method and others. These methods were select taking into account a select purpose and tasks of research. Results. The actual state of the legal adjusting of protection of critical information infrastructure of Ukraine is reflected In the article. The reference list of objects of domestic critical informative infrastructure, which require defence, is offered, for the use in scientific researches and practice. Actual threats are marked to safety of critical informative infrastructure, certain in the documents of strategic level and additionally specified on results the analysis of the materials of practice of counteraction to such threats. Such threats acquire fundamentally a new value in the conditions of conduct of Russian Federation of hybrid war against Ukraine and have tendencies to strengthening of them negative influence on the state of national security in it’s different spheres. Safety and security of objects of critical informative infrastructure from such threats are certain in Ukraine at conceptual level one of base elements of the national system of firmness. Modern problem aspects and necessities of defence of objects of critical informative infrastructure are outlined, offered paths of their decision taking into account Ukrainian and world experience, in thereby legislative, organizational, technical, regime, reconnaissance, counterespionage and investigation. Conclusions. For Ukraine characteristic are lacks of the legal adjusting of functioning and defence of national critical informative infrastructure, imperfection of public policy in the sphere of her defence in the conditions of high risk of feasance of diversions and terrorist and cyberattacs on her objects. Therefore for organization of effective defence of ОCІІ of Ukraine it is necessary to complete the forming of legislative ground of this activity, form the national system of defence of such objects, enter only methodology of providing of them stable functioning. It is also expedient to provide introduction of international standards of activity, adjusting of state-private partnership and development of international cooperation.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90714865","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.3.06
R. Burenko
The purpose of the scientific article is to study the problems of the development of administrative justice in the Republic of Tajikistan after 1991. Despite the fact that in this country the Code of Administrative Procedures was adopted in 2007, which determines the procedure for the preparation, adoption and execution of administrative legal acts, consideration of administrative applications and complaints, the implementation of proceedings on administrative procedures in court, the interaction of administrative bodies, some part of the cases characterized by administrative and public disputes is considered within the framework of the Civil Procedure Code of the Republic of Tajikistan dated January 5, 2008, as well as within the framework the Code of Economic Procedure of the Republic of Tajikistan dated January 5, 2008. The article gives advice on the harmonization of legislation in the field of consideration of administrative and public disputes. In addition, in order to improve the judicial system of Tajikistan, it is proposed to create administrative courts in the Republic of Khatlon Region, Sogdian Region, Gorno-Badakhshan Autonomous Region, the capital – Dushanbe, as well as in the economic courts of these regions. Alternatively, at the first stage, it is essential to create judicial chambers for administrative cases in the courts of these regions, as well as for administrative cases in the Supreme Court of the Republic of Tajikistan and the Supreme Economic Court of the Republic of Tajikistan.
{"title":"THE ASPECTS OF THE DEVELOPMENT OF ADMINISTRATIVE JUSTICE IN THE REPUBLIC OF TAJIKISTAN AFTER 1991","authors":"R. Burenko","doi":"10.17721/2227-796x.2022.3.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.06","url":null,"abstract":"The purpose of the scientific article is to study the problems of the development of administrative justice in the Republic of Tajikistan after 1991. Despite the fact that in this country the Code of Administrative Procedures was adopted in 2007, which determines the procedure for the preparation, adoption and execution of administrative legal acts, consideration of administrative applications and complaints, the implementation of proceedings on administrative procedures in court, the interaction of administrative bodies, some part of the cases characterized by administrative and public disputes is considered within the framework of the Civil Procedure Code of the Republic of Tajikistan dated January 5, 2008, as well as within the framework the Code of Economic Procedure of the Republic of Tajikistan dated January 5, 2008. The article gives advice on the harmonization of legislation in the field of consideration of administrative and public disputes. In addition, in order to improve the judicial system of Tajikistan, it is proposed to create administrative courts in the Republic of Khatlon Region, Sogdian Region, Gorno-Badakhshan Autonomous Region, the capital – Dushanbe, as well as in the economic courts of these regions. Alternatively, at the first stage, it is essential to create judicial chambers for administrative cases in the courts of these regions, as well as for administrative cases in the Supreme Court of the Republic of Tajikistan and the Supreme Economic Court of the Republic of Tajikistan.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87735232","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}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.2.07
Khon Seul Khon Seul
This article touches upon the issues of conducting a vaccination campaign against COVID-19 within the Republic of Kazakhstan, as well as the relationship of rights and obligations arising in this regard. Goal. The article aims at analyzing the provisions of the national legislation of the Republic of Kazakhstan, as well as the norms of international human rights law related to vaccination issues. The author analyzes the problem of vaccination from the point of view of its legal obligation and possible legal consequences in case of refusal to receive the vaccine. The analysis is carried out through the prism of a number of rights and freedoms, and applicable criteria for their restriction. Methods. A number of methods were used in the course of the study. The formal legal method is applied within the framework of the analysis of relevant legal norms (the right to life, the right to privacy, the right to health). The study also uses a deductive method, a statistical method (within the framework of using a summary of data on the incidence and spread of COVID-19, as well as vaccination rates), a method of studying and summarizing of the information. Results. Over the course of study, it was found that conducting a general campaign to immunize the population of Kazakhstan from COVID-19 was a timely step in the fight against coronavirus infection. Absence of evidence about the possible negative impact of the vaccines on human health, as well as the need to take the necessary measures to ensure the protection of human life and health and, as a result, the ability to enjoy rights and freedoms, prompted the state to carry out vaccination among the population. In addition, as shown in the study, a number of vaccines from different manufacturers were presented to the population of Kazakhstan, which contributed to its free choice. Conclusions. Based on the analysis of legal information, it was concluded that the issue of obtaining a vaccine should be resolved directly by the person who receives it. Coercion in this light does not seem to correspond to the norms of human rights law. Mandatory vaccination in Kazakhstan was legal since it was based on relevant legal norms. At the same time, a person who refuses to receive a vaccine for one reason or another should be prepared for the possible restrictions of his individual rights and freedoms in order to preserve the life and health of others as well as reduce the spread of the disease.
{"title":"VACCINATION AGAINST COVID-19 IN KAZAKHSTAN: RIGHT OR OBLIGATION?","authors":"Khon Seul Khon Seul","doi":"10.17721/2227-796x.2022.2.07","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.07","url":null,"abstract":"This article touches upon the issues of conducting a vaccination campaign against COVID-19 within the Republic of Kazakhstan, as well as the relationship of rights and obligations arising in this regard. Goal. The article aims at analyzing the provisions of the national legislation of the Republic of Kazakhstan, as well as the norms of international human rights law related to vaccination issues. The author analyzes the problem of vaccination from the point of view of its legal obligation and possible legal consequences in case of refusal to receive the vaccine. The analysis is carried out through the prism of a number of rights and freedoms, and applicable criteria for their restriction. Methods. A number of methods were used in the course of the study. The formal legal method is applied within the framework of the analysis of relevant legal norms (the right to life, the right to privacy, the right to health). The study also uses a deductive method, a statistical method (within the framework of using a summary of data on the incidence and spread of COVID-19, as well as vaccination rates), a method of studying and summarizing of the information. Results. Over the course of study, it was found that conducting a general campaign to immunize the population of Kazakhstan from COVID-19 was a timely step in the fight against coronavirus infection. Absence of evidence about the possible negative impact of the vaccines on human health, as well as the need to take the necessary measures to ensure the protection of human life and health and, as a result, the ability to enjoy rights and freedoms, prompted the state to carry out vaccination among the population. In addition, as shown in the study, a number of vaccines from different manufacturers were presented to the population of Kazakhstan, which contributed to its free choice. Conclusions. Based on the analysis of legal information, it was concluded that the issue of obtaining a vaccine should be resolved directly by the person who receives it. Coercion in this light does not seem to correspond to the norms of human rights law. Mandatory vaccination in Kazakhstan was legal since it was based on relevant legal norms. At the same time, a person who refuses to receive a vaccine for one reason or another should be prepared for the possible restrictions of his individual rights and freedoms in order to preserve the life and health of others as well as reduce the spread of the disease.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86589812","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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