Pub Date : 2023-02-23DOI: 10.31732/2708-33x-2023-07-73-78
T.A. Frantsuz-Yakovets
The article is focused on such feature of tort liability of public entities as the possibility of itsoccurrence, regardless fault. A history of the establishment of the institution of tort liability, regardless fault, is brieflyreviewed. The attempt to analyze the main scientific views on the issue of the possibility of tort liability occurrence,regardless fault, in general and the occurrence of liability of such type for public entities, in particular, are made
{"title":"BRINGING OF PUBLIC ENTITIES TO TORT LIABILITY REGARDLESSFAULT: CONCEPT AND GENERAL THEORETICALCHARACTERISTICS","authors":"T.A. Frantsuz-Yakovets","doi":"10.31732/2708-33x-2023-07-73-78","DOIUrl":"https://doi.org/10.31732/2708-33x-2023-07-73-78","url":null,"abstract":"The article is focused on such feature of tort liability of public entities as the possibility of itsoccurrence, regardless fault. A history of the establishment of the institution of tort liability, regardless fault, is brieflyreviewed. The attempt to analyze the main scientific views on the issue of the possibility of tort liability occurrence,regardless fault, in general and the occurrence of liability of such type for public entities, in particular, are made","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"94 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76229300","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 : 2023-02-23DOI: 10.31732/2708-33x-2023-07-86-95
V. Koroleva
This scientific article examines the periods of presidency in independent Ukraine: Leonid Kravchukand LeonidKuchma. It was on their shoulders at one time that the mission of forming the same strong foundation of theyoung republic for many years to come and making fateful decisions, in particular the process of forming foreignrelations,establishingdiplomatic relations andinternational legal recognition of the new state,separatedfrom thegreat Soviet Union.
{"title":"COMPARATIVE LEGAL ANALYSIS OF THE FORMATION OFEXTERNALFUNCTIONSDURINGTHEPRESIDENCYOFLEONIDKRAVCHUKANDLEONIDKUCHMA","authors":"V. Koroleva","doi":"10.31732/2708-33x-2023-07-86-95","DOIUrl":"https://doi.org/10.31732/2708-33x-2023-07-86-95","url":null,"abstract":"This scientific article examines the periods of presidency in independent Ukraine: Leonid Kravchukand LeonidKuchma. It was on their shoulders at one time that the mission of forming the same strong foundation of theyoung republic for many years to come and making fateful decisions, in particular the process of forming foreignrelations,establishingdiplomatic relations andinternational legal recognition of the new state,separatedfrom thegreat Soviet Union.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74540346","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 : 2023-02-23DOI: 10.31732/2708-33x-2023-07-79-85
M. Hryhorchuk
Thearticleisdevotedtothestudyofcertainproblemsrelatedtotheexercisebypre-trialinvestigationauthorities of their powers regarding the issues under their jurisdiction in accordance with the provisions of Article 216of the CPC of Ukraine. It is well known that successful consideration of a criminal case depends on optimally formedpre-trial preparation materials by the prosecution.
{"title":"PROBLEMS OF DETERMINING JURISDICTION: THEORETICAL ANDLEGALASPECT","authors":"M. Hryhorchuk","doi":"10.31732/2708-33x-2023-07-79-85","DOIUrl":"https://doi.org/10.31732/2708-33x-2023-07-79-85","url":null,"abstract":"Thearticleisdevotedtothestudyofcertainproblemsrelatedtotheexercisebypre-trialinvestigationauthorities of their powers regarding the issues under their jurisdiction in accordance with the provisions of Article 216of the CPC of Ukraine. It is well known that successful consideration of a criminal case depends on optimally formedpre-trial preparation materials by the prosecution.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"371 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80465645","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 : 2023-02-23DOI: 10.31732/2708-33x-2023-07-12-17
N.V. Stepanenko, A.J. Frantsuz
In the article analyzes the participation of Ilya Shrag in the Ukrainian and public-educational andpolitical-legal movement at the beginning of the20th century. It is noted that Ilya Shrag's state and legal orientationswere based on the protection of the rights of the native language, the peculiarities of the legal status of the Ukrainianpopulation, the land issue and other important issues of thelife of society. The state-legal views of Ilya Shrag can betraced especially clearly during his active participation in social and political processes that took place on the territoryof Ukrainian lands. His participation in the Ukrainian national movement contributed to the unification of consciousfigures of that time in the field of solving the Ukrainian question.
{"title":"PARTICIPATION OF ILYA SHRAH IN THE UKRAINIAN PUBLICANDEDUCATIONALANDPOLITICALANDLEGALMOVEMENTATTHEBEGINNINGOF THE20THCENTURY","authors":"N.V. Stepanenko, A.J. Frantsuz","doi":"10.31732/2708-33x-2023-07-12-17","DOIUrl":"https://doi.org/10.31732/2708-33x-2023-07-12-17","url":null,"abstract":"In the article analyzes the participation of Ilya Shrag in the Ukrainian and public-educational andpolitical-legal movement at the beginning of the20th century. It is noted that Ilya Shrag's state and legal orientationswere based on the protection of the rights of the native language, the peculiarities of the legal status of the Ukrainianpopulation, the land issue and other important issues of thelife of society. The state-legal views of Ilya Shrag can betraced especially clearly during his active participation in social and political processes that took place on the territoryof Ukrainian lands. His participation in the Ukrainian national movement contributed to the unification of consciousfigures of that time in the field of solving the Ukrainian question.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81894922","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 : 2022-12-15DOI: 10.31732/2708-339x-2022-06-48-53
M.S. Mishchuk, R.S. Bytko
The article considers the legal nature of the securities market as a multifaceted socio-economic system, on the basis of which the market economy functions. It contributes to the accumulation of capital for the investment in the economic and social spheres, restructures the economy, has a positive dynamics on the social structure of society, increases human wealth through possession and free disposal of securities, and affects the psychological readiness of the population for market relations. The securities market is the highest form of development of commodity-money relations. It is a powerful accelerator of economic development of any country, based on the harmonious development, developed infrastructure, well-established legal support mechanisms to protect the interests of all its participants - investors, issuers, intermediaries. Securities are an integral part of modern property turnover of any country with a developed domestic market. In many areas of social production, securities and other financial instruments have ensured the efficiency of property turnover of individual countries and regions of the modern world. Currently, securities are used worldwide as a legal means of certifying a significant number of different property rights. The ability of securities to act as an object of civil legal relations provides a simplified opportunity to attract free funds from financial markets, including international ones, to the economy of Ukraine. However, a separate comprehensive study of the institute of securities in economic activity was not conducted, which once again draws attention to the need for such a study. At the same time, the further development of the domestic securities market (stock market) is characterized by increased economic risks for its participants and may become a platform for unscrupulous players. In this regard, clear legal regulation of relations between market participants, proper supervision of the regulator over the activities of such participants and the availability of developed mechanisms to guarantee and ensure operations in the stock market can minimize them and create a favorable investment climate to attract foreign capital. economy. The problems of the domestic securities market have exacerbated the need for a theoretical understanding of its realities, and therefore require a new level of generalizations in the analysis of its current state, trends and development priorities.
{"title":"SOME ISSUES OF LEGAL REGULATION OF SECURITIES TERNOVER","authors":"M.S. Mishchuk, R.S. Bytko","doi":"10.31732/2708-339x-2022-06-48-53","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-48-53","url":null,"abstract":"The article considers the legal nature of the securities market as a multifaceted socio-economic system, on the basis of which the market economy functions. It contributes to the accumulation of capital for the investment in the economic and social spheres, restructures the economy, has a positive dynamics on the social structure of society, increases human wealth through possession and free disposal of securities, and affects the psychological readiness of the population for market relations. The securities market is the highest form of development of commodity-money relations. It is a powerful accelerator of economic development of any country, based on the harmonious development, developed infrastructure, well-established legal support mechanisms to protect the interests of all its participants - investors, issuers, intermediaries. Securities are an integral part of modern property turnover of any country with a developed domestic market. In many areas of social production, securities and other financial instruments have ensured the efficiency of property turnover of individual countries and regions of the modern world. Currently, securities are used worldwide as a legal means of certifying a significant number of different property rights. The ability of securities to act as an object of civil legal relations provides a simplified opportunity to attract free funds from financial markets, including international ones, to the economy of Ukraine. However, a separate comprehensive study of the institute of securities in economic activity was not conducted, which once again draws attention to the need for such a study. At the same time, the further development of the domestic securities market (stock market) is characterized by increased economic risks for its participants and may become a platform for unscrupulous players. In this regard, clear legal regulation of relations between market participants, proper supervision of the regulator over the activities of such participants and the availability of developed mechanisms to guarantee and ensure operations in the stock market can minimize them and create a favorable investment climate to attract foreign capital. economy. The problems of the domestic securities market have exacerbated the need for a theoretical understanding of its realities, and therefore require a new level of generalizations in the analysis of its current state, trends and development priorities.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"458 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79789597","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 : 2022-12-15DOI: 10.31732/2708-339x-2022-06-42-47
M. Hryhorchuk, I. Tkachuk
The article is devoted to the study of problematic issues of the development of contractual lease relations regarding land resources in Ukraine. It is investigated that the effective functioning of the land market is currently experiencing obstacles due to the imperfection of the system, gaps in the current legislation, the incompleteness of the process of transformation of economic and legal relations of land ownership, etc. It is emphasized that Ukraine continues to change the reform of land resources relations, however, there remains a crisis state of the situation in this area, which hinders the development of productive forces and the formation of sustainable land use. It has been established that contractual lease land relations are a combination of complex and multifaceted phenomena and a progressive form of management. It was stated that, in essence, rent is a flexible tool in the formation of a new structure of agricultural production and the implementation of socio-economic programs. The set of mandatory elements of contractual lease relations for land resources is highlighted. The list of factors on which the further development of these relations depends is argued. It is noted that the improvement of contractual lease relations regarding land resources in the context of the transformation of national legislation and European integration is both a political and an economic issue that concerns not only land owners and future buyers, but without exaggeration affects the interests of the whole society as a whole. The author also carried out a comparative analysis of such categories as land lease and emphyteusis in order to determine the available advantages. It was found that the economic mechanism of contractual lease relations for land resources requires further research and effective changes, despite the existing number of legislative acts in this area. In addition, on the basis of the study and the conclusions drawn, the author proposed the most important, in his opinion, steps to achieve positive results of reforming and further development of contractual lease relations regarding land resources.
{"title":"PROSPECTS FOR THE DEVELOPMENT OF LAND LEASE AGREEMENTS IN UKRAINE","authors":"M. Hryhorchuk, I. Tkachuk","doi":"10.31732/2708-339x-2022-06-42-47","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-42-47","url":null,"abstract":"The article is devoted to the study of problematic issues of the development of contractual lease relations regarding land resources in Ukraine. It is investigated that the effective functioning of the land market is currently experiencing obstacles due to the imperfection of the system, gaps in the current legislation, the incompleteness of the process of transformation of economic and legal relations of land ownership, etc. It is emphasized that Ukraine continues to change the reform of land resources relations, however, there remains a crisis state of the situation in this area, which hinders the development of productive forces and the formation of sustainable land use. It has been established that contractual lease land relations are a combination of complex and multifaceted phenomena and a progressive form of management. It was stated that, in essence, rent is a flexible tool in the formation of a new structure of agricultural production and the implementation of socio-economic programs. The set of mandatory elements of contractual lease relations for land resources is highlighted. The list of factors on which the further development of these relations depends is argued. It is noted that the improvement of contractual lease relations regarding land resources in the context of the transformation of national legislation and European integration is both a political and an economic issue that concerns not only land owners and future buyers, but without exaggeration affects the interests of the whole society as a whole. The author also carried out a comparative analysis of such categories as land lease and emphyteusis in order to determine the available advantages. It was found that the economic mechanism of contractual lease relations for land resources requires further research and effective changes, despite the existing number of legislative acts in this area. In addition, on the basis of the study and the conclusions drawn, the author proposed the most important, in his opinion, steps to achieve positive results of reforming and further development of contractual lease relations regarding land resources.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72921594","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 : 2022-12-15DOI: 10.31732/2708-339x-2022-06-16-23
A.J. Frantsuz, Yusupova Marina
This article is devoted to the analysis of mediation models and the possibility of their approximation to the legal system of Ukraine. It has been established that different states use different models of mediation, which provide the basis for formulating different approaches to mediation, as well as their relationship with each other. Media models do not pretend to be universally applicable and at the same time serve as a conceptual reference point. The criteria by which mediation models are classified are considered. After analyzing various sources of research, it was noted that there is no single approach to the classification of mediation models in the scientific space. As a rule, in foreign practice, scientists focus their attention on several models of mediation, between which there is no clear difference. It is investigated that the most common argument in favor of the implementation of the institution of mediation in the legal system of Ukraine is that the domestic judicial system is not able to effectively and quickly resolve legal disputes. Also, among the reasons, one can name a significant problem with the execution of decisions, a rather lengthy consideration of cases, as well as cases of incompetence or abuse, etc. At the same time, a fairly significant factor in relation to the duration of the consideration of cases is the burden per judge in Ukraine. It has been established that at the stage of implementation of mediation in the legal system of Ukraine, the most important issue is the choice of the most suitable mediation model, characterized by the degree of interconnection with the judicial process. The factors influencing the consolidation and implementation of a certain structure of mediation in the legal system in Ukraine are underlined. Proposals have been formulated on the possibility of approximation, as well as further improvement of favorable models of mediation in the modern conditions of the development of civil society. Consequently, it is indicated that there is no officially defined mediation model in Ukraine yet. Referring to the experience of foreign countries, one can tend to the conclusion that the most common way to introduce alternative methods of reconciling conflicts and disputes is to consolidate several models of mediation at the same time, which can be used in Ukraine as well.
{"title":"MODELS OF MEDIATION AND THE POSSIBILITY OF THEIR APPROACH TO THE LEGAL SYSTEM OF UKRAINE","authors":"A.J. Frantsuz, Yusupova Marina","doi":"10.31732/2708-339x-2022-06-16-23","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-16-23","url":null,"abstract":"This article is devoted to the analysis of mediation models and the possibility of their approximation to the legal system of Ukraine. It has been established that different states use different models of mediation, which provide the basis for formulating different approaches to mediation, as well as their relationship with each other. Media models do not pretend to be universally applicable and at the same time serve as a conceptual reference point. The criteria by which mediation models are classified are considered. After analyzing various sources of research, it was noted that there is no single approach to the classification of mediation models in the scientific space. As a rule, in foreign practice, scientists focus their attention on several models of mediation, between which there is no clear difference. It is investigated that the most common argument in favor of the implementation of the institution of mediation in the legal system of Ukraine is that the domestic judicial system is not able to effectively and quickly resolve legal disputes. Also, among the reasons, one can name a significant problem with the execution of decisions, a rather lengthy consideration of cases, as well as cases of incompetence or abuse, etc. At the same time, a fairly significant factor in relation to the duration of the consideration of cases is the burden per judge in Ukraine. It has been established that at the stage of implementation of mediation in the legal system of Ukraine, the most important issue is the choice of the most suitable mediation model, characterized by the degree of interconnection with the judicial process. The factors influencing the consolidation and implementation of a certain structure of mediation in the legal system in Ukraine are underlined. Proposals have been formulated on the possibility of approximation, as well as further improvement of favorable models of mediation in the modern conditions of the development of civil society. Consequently, it is indicated that there is no officially defined mediation model in Ukraine yet. Referring to the experience of foreign countries, one can tend to the conclusion that the most common way to introduce alternative methods of reconciling conflicts and disputes is to consolidate several models of mediation at the same time, which can be used in Ukraine as well.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85598204","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 : 2022-12-15DOI: 10.31732/2708-339x-2022-06-24-27
A.J. Frantsuz, N.V. Holovata
The article analyzes the legal problems regulation and practical application of legislation that regulate the bankruptcy procedure. National instability economy and declining production predicts a clear the trend of the payment crisis and a significant increase in the number enterprises that are being liquidated in bankruptcy proceedings. The Law of Ukraine "On Bankruptcy" was one of the first laws that were adopted in the CIS countries and regulated relations insolvency of economic entities. Unfortunately, the above law is not a model of the normative act in in the field of legal regulation of bankruptcy. A large number of shortcomings were identified by case law. Regulatory framework, which regulates the institution of bankruptcy, needs both expansion and improve. To date, no changes have been made to many legislation governing bankruptcy proceedings, as well as legal relations of the parties and participants in the bankruptcy. In addition, it is missing bylaws that would be properly regulated the mechanism of practical application of this procedures in Ukraine. Formation of national legislation in Ukraine is facing difficulties that are causing it legal problems caused primarily by objective ones (economic, social, political) and subjective factors. One of the main objective causes legal problems are manifested in the fact that the adoption of some legislative acts took place in the conditions of the existence of obsolete pre-reform legislation, which developed during the reign state property as the basis of the economic system and principle democratic centralism in the management of the economy. And though the conducted economic reform nevertheless brought certain democratic principles in the legal regulation of economic relations, however, some inconsistencies with the legislation of the period administrative-command economy has not been eliminated. Contradictions of the law not only lead to legal problems in regulating economic relations, but sometimes is directly the cause of offenses and abuses by business entities. In addition, the lack of clear and unambiguous concept on the way to further market development economy in Ukraine puts the legislator in a difficult position and causes problems in the development and adoption of new, modern bills. It was found that some regulations on at the time of adoption were designed to regulate non-existent or underdeveloped social relations.
{"title":"THEORETICAL AND LEGAL PARADIGMS OF BANKRUPTCY REGULATION","authors":"A.J. Frantsuz, N.V. Holovata","doi":"10.31732/2708-339x-2022-06-24-27","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-24-27","url":null,"abstract":"The article analyzes the legal problems regulation and practical application of legislation that regulate the bankruptcy procedure. National instability economy and declining production predicts a clear the trend of the payment crisis and a significant increase in the number enterprises that are being liquidated in bankruptcy proceedings. The Law of Ukraine \"On Bankruptcy\" was one of the first laws that were adopted in the CIS countries and regulated relations insolvency of economic entities. Unfortunately, the above law is not a model of the normative act in in the field of legal regulation of bankruptcy. A large number of shortcomings were identified by case law. Regulatory framework, which regulates the institution of bankruptcy, needs both expansion and improve. To date, no changes have been made to many legislation governing bankruptcy proceedings, as well as legal relations of the parties and participants in the bankruptcy. In addition, it is missing bylaws that would be properly regulated the mechanism of practical application of this procedures in Ukraine. Formation of national legislation in Ukraine is facing difficulties that are causing it legal problems caused primarily by objective ones (economic, social, political) and subjective factors. One of the main objective causes legal problems are manifested in the fact that the adoption of some legislative acts took place in the conditions of the existence of obsolete pre-reform legislation, which developed during the reign state property as the basis of the economic system and principle democratic centralism in the management of the economy. And though the conducted economic reform nevertheless brought certain democratic principles in the legal regulation of economic relations, however, some inconsistencies with the legislation of the period administrative-command economy has not been eliminated. Contradictions of the law not only lead to legal problems in regulating economic relations, but sometimes is directly the cause of offenses and abuses by business entities. In addition, the lack of clear and unambiguous concept on the way to further market development economy in Ukraine puts the legislator in a difficult position and causes problems in the development and adoption of new, modern bills. It was found that some regulations on at the time of adoption were designed to regulate non-existent or underdeveloped social relations.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77076489","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 : 2022-12-15DOI: 10.31732/2708-339x-2022-06-10-15
A.J. Frantsuz, K. Kulinich
The article analyzes the scientific approaches of criminologists to determine the nature, essential features of the concept of forensic tactics, the problems of the limits of its application, conducted a critical analysis. The current problems of defining the concept of "forensic tactics" and the possibility of using its tools in various types of law enforcement activities, including the activities of private detectives. Consideration of forensic tactics in a broad and narrow sense is proposed, highlighting the theoretical and practical aspects. Forensic tactics is considered as a scientific field, as well as the use of practical tools of forensic tactics in the activities of a private detective. It is proposed to define the concept of "forensic tactics" in the aspect of the activities of private detectives and outlines areas for further research. The role of forensic tactics in detective work is one of the steps that should be covered and described by many scientists, because forensic tactics is the basis of detective work - this is its important feature which holds almost all the effectiveness of a private detective, his strategy, strategy his behavior, the truth of his versions of a situation, systematics, psychological influence, analytical skills. That is why calling the topic relevant, I can say that many scientists have already studied the subject of forensic tactics, but due to the legal uncertainty of the institution of private detective work, such research is incomplete, because they do not contain the experience of detectives, precisely on the territory of Ukraine, subject to the Ukrainian regulation of this activity. Analyzing current trends in forensic tactics, determining the main innovative direction of research and problems of using tactical tools in law enforcement activities of detectives, which ensure its effectiveness and efficiency, is extremely important for direct business. The study established the relationship of forensic tactics with practice, modern advances in science and technology, trends in forensics and other sciences, pointed to the integrative nature of forensic knowledge, considered the modern understanding of forensic tactics, proposed its definition taking into account traditional and innovative approaches in crime. science.
{"title":"THE ROLE OF CRIMINAL TACTICS IN THE ACTIVITIES OF PRIVATE DETECTIVES","authors":"A.J. Frantsuz, K. Kulinich","doi":"10.31732/2708-339x-2022-06-10-15","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-06-10-15","url":null,"abstract":"The article analyzes the scientific approaches of criminologists to determine the nature, essential features of the concept of forensic tactics, the problems of the limits of its application, conducted a critical analysis. The current problems of defining the concept of \"forensic tactics\" and the possibility of using its tools in various types of law enforcement activities, including the activities of private detectives. Consideration of forensic tactics in a broad and narrow sense is proposed, highlighting the theoretical and practical aspects. Forensic tactics is considered as a scientific field, as well as the use of practical tools of forensic tactics in the activities of a private detective. It is proposed to define the concept of \"forensic tactics\" in the aspect of the activities of private detectives and outlines areas for further research. The role of forensic tactics in detective work is one of the steps that should be covered and described by many scientists, because forensic tactics is the basis of detective work - this is its important feature which holds almost all the effectiveness of a private detective, his strategy, strategy his behavior, the truth of his versions of a situation, systematics, psychological influence, analytical skills. That is why calling the topic relevant, I can say that many scientists have already studied the subject of forensic tactics, but due to the legal uncertainty of the institution of private detective work, such research is incomplete, because they do not contain the experience of detectives, precisely on the territory of Ukraine, subject to the Ukrainian regulation of this activity. Analyzing current trends in forensic tactics, determining the main innovative direction of research and problems of using tactical tools in law enforcement activities of detectives, which ensure its effectiveness and efficiency, is extremely important for direct business. The study established the relationship of forensic tactics with practice, modern advances in science and technology, trends in forensics and other sciences, pointed to the integrative nature of forensic knowledge, considered the modern understanding of forensic tactics, proposed its definition taking into account traditional and innovative approaches in crime. science.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85495931","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 : 2022-12-15DOI: 10.31732/2708-339x-2022-06-60-66
A.J. Frantsuz, V.Y. Novitskyi
Man is a key link in the system of information sources. G. Lazutina proposes the American scientific tradition, where it is classified as a "living source", and in this - not only the direct meaning: man - the subject of activity, it is included in natural and social processes by many connections and therefore as a source of information is inexhaustible. " Indeed, a person, on the one hand - a witness or participant in events that occur around us and therefore acts as a carrier of information about these events. On the other hand, she is the holder of information about herself, about her inner, unique world. Finally, it is a translator of information received from others. The job of a private detective is that by the nature of his activity he learns some information directly from a person. The peculiarity of this source of information is that it may or may not be open to a private detective: as a social being, he himself programs his behavior, it is necessary to consider every detective who works with this source of information. So the most important thing for a detective is to work properly with the source of information, especially with such as a person. The most important thing is the art of psychological communication, with which, even in the most critical situations, without hurting a person's feelings, you can get the right information. Therefore, the art of speaking, as well as the psychology of communication are very important skills in the detective profession. Knowledge, and the main skill of application of this science in practice allows to receive the maximum return from work, as well as to get skills of "perfect behavior". The psychology of communication gives not only an understanding of people's behavior, but also the way of thinking, the process of human communication with himself and other people. Psychological analysis of professional actions is possible by observing the work at the stages of communication with partners.
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