Pub Date : 2022-10-27DOI: 10.31732/2708-339x-2022-05-59-65
V.K. Hrishchuk, N. Makovetska, V. Rybalko
The judicial practice of exemption of offenders from administrative resposibility due to insignificanceprovided by the Article 130 of the Code of Ukraine onadministrative offences has been analysed. The problems ofinterpretation of the eveluative term “insignificance” as a basis for exemption from administrative responsibility underArticle 130 of the Code of Ukraine on administrative offences has been disclosed. The сlassification of the most frequentcases of driving under influence into the insignificant administrative offence has been reviewed in practice. In particular,“lowindexofbloodalcoholcontent”,“presenceofmitigatingcircumstances“,“positiveperson’sbehaviouraftercommitting offence”, ”onset of intoxication due to the use of medicines“,“ no seizure of a vehicle by police officers”. Thedelimitation of illegal behaviour of a person that contains all indications of administrative offence, administrative offenceswith a formal composition, circumstances that mitigate responsibility, and insignificant administrative offence has beenconducted.Ithasbeenindicatedthatperson’sbehaviouraftercommittedoffenceandcircumstancesthatmitigateresponsibility for administrative offence should not be taken into consideration for acknowledgment of its insignificance. Itwas identified that contrition of a gulity person, committing an offence for the first time or commitment by a person that hasnot been prosecuted before, difficult financial situation, compensation for the caused damage and existence of dependents,as 10 years ago continue to remain the most common basis for exemption of offenders from administrative responsibilitydue to insignificance. An extension term of up to one year of imposition of an administrative penalty for committing anoffence providedbytheArticle 130 oftheCodeofUkraineonadministrative offenceshasbeenpositivelyassessed
{"title":"Evaluation Concept Of «Insignificance» As A Basis For Exemption From Administrative Responsibility For Driving Under The Influence","authors":"V.K. Hrishchuk, N. Makovetska, V. Rybalko","doi":"10.31732/2708-339x-2022-05-59-65","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-59-65","url":null,"abstract":"The judicial practice of exemption of offenders from administrative resposibility due to insignificanceprovided by the Article 130 of the Code of Ukraine onadministrative offences has been analysed. The problems ofinterpretation of the eveluative term “insignificance” as a basis for exemption from administrative responsibility underArticle 130 of the Code of Ukraine on administrative offences has been disclosed. The сlassification of the most frequentcases of driving under influence into the insignificant administrative offence has been reviewed in practice. In particular,“lowindexofbloodalcoholcontent”,“presenceofmitigatingcircumstances“,“positiveperson’sbehaviouraftercommitting offence”, ”onset of intoxication due to the use of medicines“,“ no seizure of a vehicle by police officers”. Thedelimitation of illegal behaviour of a person that contains all indications of administrative offence, administrative offenceswith a formal composition, circumstances that mitigate responsibility, and insignificant administrative offence has beenconducted.Ithasbeenindicatedthatperson’sbehaviouraftercommittedoffenceandcircumstancesthatmitigateresponsibility for administrative offence should not be taken into consideration for acknowledgment of its insignificance. Itwas identified that contrition of a gulity person, committing an offence for the first time or commitment by a person that hasnot been prosecuted before, difficult financial situation, compensation for the caused damage and existence of dependents,as 10 years ago continue to remain the most common basis for exemption of offenders from administrative responsibilitydue to insignificance. An extension term of up to one year of imposition of an administrative penalty for committing anoffence providedbytheArticle 130 oftheCodeofUkraineonadministrative offenceshasbeenpositivelyassessed","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85607524","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 : 2022-10-27DOI: 10.31732/2708-339x-2022-05-81-90
A.J. Frantsuz, I.S. Yelisieiev
Current trends in the development of criminal practices require the state to respond appropriately to them, to develop effective mechanisms to prevent crime. As a result, the crime prevention system is in constant motion. It depends on many factors, especially on the implementation of political will and the fulfillment of Ukraine’s international obligations. This is directly reflected in the current legislation, which generally forms a strategy to prevent crime and find its tactical countermeasures. One of such manifestations today is a new, in essence, detective activity of both public bodies and private organizations (institutions). Private detective work is regulated differently at the legislative level in many countries around the world. Despite the normative enshrinement, the activities of private detectives differ greatly in the degree of legal regulation by state institutions and control by professional self-government bodies. This primarily applies to both the licensing process and the process of carrying out such activities. On the way to knowledge of preventive detective activity there are certain both theoretical and practical problems. These include the fact that the subjective dimension of private detective activity, as well as private detective activity itself, has been little studied in modern criminological practice and has hardly been developed. Legal bases of use (application) of special means consist of the legislative acts regulating activity of bodies to which the right to their application is given. The legal basis for the use of special technical means in private detective work is a system of legal norms and bylaws that determine the admissibility or regulate the procedure and conditions of their use. The purpose of special equipment is in the following aspects: 1) facilitating the detection and investigation of crimes, ensuring the high quality of the inspection of the crime scene, facilitating the discovery of physical evidence during searches; 2) creating opportunities to obtain reliable information about persons involved in the preparation or commission of offenses. Statistics show that with the help of a number of operational and technical means it is possible to quickly and reliably obtain and record information about specific persons who plan or prepare crimes, and then take measures to prevent them. Devices for the use of such tools can be audio and video equipment, surveillance devices, etc .; 3) physical cessation of resistance by criminal elements. This can be achieved through the use of special means of personnel protection and special operations.
{"title":"TECHNICAL SUPPORT OF PRIVATE DETECTIVE ACTIVITY IN UKRAINE","authors":"A.J. Frantsuz, I.S. Yelisieiev","doi":"10.31732/2708-339x-2022-05-81-90","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-05-81-90","url":null,"abstract":"Current trends in the development of criminal practices require the state to respond appropriately to them, to develop effective mechanisms to prevent crime. As a result, the crime prevention system is in constant motion. It depends on many factors, especially on the implementation of political will and the fulfillment of Ukraine’s international obligations. This is directly reflected in the current legislation, which generally forms a strategy to prevent crime and find its tactical countermeasures. One of such manifestations today is a new, in essence, detective activity of both public bodies and private organizations (institutions). Private detective work is regulated differently at the legislative level in many countries around the world. Despite the normative enshrinement, the activities of private detectives differ greatly in the degree of legal regulation by state institutions and control by professional self-government bodies. This primarily applies to both the licensing process and the process of carrying out such activities. On the way to knowledge of preventive detective activity there are certain both theoretical and practical problems. These include the fact that the subjective dimension of private detective activity, as well as private detective activity itself, has been little studied in modern criminological practice and has hardly been developed. Legal bases of use (application) of special means consist of the legislative acts regulating activity of bodies to which the right to their application is given. The legal basis for the use of special technical means in private detective work is a system of legal norms and bylaws that determine the admissibility or regulate the procedure and conditions of their use. The purpose of special equipment is in the following aspects: 1) facilitating the detection and investigation of crimes, ensuring the high quality of the inspection of the crime scene, facilitating the discovery of physical evidence during searches; 2) creating opportunities to obtain reliable information about persons involved in the preparation or commission of offenses. Statistics show that with the help of a number of operational and technical means it is possible to quickly and reliably obtain and record information about specific persons who plan or prepare crimes, and then take measures to prevent them. Devices for the use of such tools can be audio and video equipment, surveillance devices, etc .; 3) physical cessation of resistance by criminal elements. This can be achieved through the use of special means of personnel protection and special operations.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84625771","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-04-54-61
V. Koroleva, L. Liashenko
The article is devoted to the study of the history of the institution of banking secrecy. It is established that in the early stages of development of the banking system the regulation of the processes of banking institutions was carried out by the first person of the state (emperor) and the highest legislative body by issuing regulations. It is proved that in the early stages of regulation of banking institutions was carried out on the basis of an extensive system of regulations. Over time, there has been a trend, which is still relevant, to systematize and unify legislation. It is justified that only in the 80s of the twentieth century in the Soviet Union began the process of reforming both the political and economic system. It is with this period that the beginning of the revival of the institution of banking secrecy can be associated. Based on a historical study of the institute of banking secrecy revealed certain patterns of development of banking secrecy, which influenced the further formation of this institution. In particular, it was established, first, that during the development of the institution of banking secrecy, its information remained unchanged about information about depositors, the secrecy of the deposit, the secrecy of the account and transactions; secondly, the history of the development of the institution of banking secrecy helped to strengthen the position of depositors from unjustified seizure of information constituting banking secrecy by investigative bodies, as this information could be disclosed only if available in criminal proceedings. This rule is a historical fact that has been developed and applied in recent times, and its abolition will significantly damage the stability of the institution of banking secrecy, and even make vulnerable positions of depositors, as law enforcement agencies may ask the bank for information that constitutes banking secrecy without criminal proceedings.
{"title":"FORMATION OF BANKING ACTIVITY IN UKRAINE AND BANKING SECRECY","authors":"V. Koroleva, L. Liashenko","doi":"10.31732/2708-339x-2022-04-54-61","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-54-61","url":null,"abstract":"The article is devoted to the study of the history of the institution of banking secrecy. It is established that in the early stages of development of the banking system the regulation of the processes of banking institutions was carried out by the first person of the state (emperor) and the highest legislative body by issuing regulations. It is proved that in the early stages of regulation of banking institutions was carried out on the basis of an extensive system of regulations. Over time, there has been a trend, which is still relevant, to systematize and unify legislation. It is justified that only in the 80s of the twentieth century in the Soviet Union began the process of reforming both the political and economic system. It is with this period that the beginning of the revival of the institution of banking secrecy can be associated. Based on a historical study of the institute of banking secrecy revealed certain patterns of development of banking secrecy, which influenced the further formation of this institution. In particular, it was established, first, that during the development of the institution of banking secrecy, its information remained unchanged about information about depositors, the secrecy of the deposit, the secrecy of the account and transactions; secondly, the history of the development of the institution of banking secrecy helped to strengthen the position of depositors from unjustified seizure of information constituting banking secrecy by investigative bodies, as this information could be disclosed only if available in criminal proceedings. This rule is a historical fact that has been developed and applied in recent times, and its abolition will significantly damage the stability of the institution of banking secrecy, and even make vulnerable positions of depositors, as law enforcement agencies may ask the bank for information that constitutes banking secrecy without criminal proceedings.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83207172","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-04-31-36
O. Horbachenko
In this scientific research we will try to highlight the main foreign law developments of the current head of state - Vladimir Zelensky. We pay special attention to the novelty of the Presidential Decree "On the decision of the National Security and Defense Council of Ukraine" of 30.07.2021 "On the Strategy of Foreign Policy of Ukraine". For the first time in recent years, attention has been paid to the foreign policy of the young republic towards the future. The main idea of this document is to establish Ukraine in the world as a strong and authoritative European state capable of providing favorable external conditions for sustainable development and realization of its economic potential and Ukrainian society, which in turn forms priorities of Ukraine's foreign policy, including independence and state sovereignty Ukraine, restoration of its territorial integrity, counteraction to Russian aggression. We note that this document expands the Law of Ukraine "On Principles of Domestic and Foreign Policy", as it contains several issues not foreseen by the last one - including external labor migration, public diplomacy to create a positive image of Ukraine abroad and economic diplomacy to expand foreign markets. Attention is also drawn to the introduction of a new term for the use of "soft power" through public diplomacy, which will help form a positive image of the state to establish new political ties, develop trade and economic partnerships, disseminate reliable information about Ukraine's development and achievements. It is noted about the exhaustion of Ukraine-EU relations and the need for their rethinking and updating of modern international legal norms and functions, considering the experience of Ukraine. Attention is also paid to the possibility of Ukraine entering new horizons of cooperation with countries in Africa and Asia. The legal significance and legality of signing this Decree are analyzed. It also should be noticed that this scientific research was written before the war in Ukraine.
{"title":"UKRAINE ON THE WAY OF A NEW EXTERNAL POLITICAL STRATEGY: LEGAL SIGNIFICANCE AND PROSPECTS OF IMPLEMENTATION","authors":"O. Horbachenko","doi":"10.31732/2708-339x-2022-04-31-36","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-31-36","url":null,"abstract":"In this scientific research we will try to highlight the main foreign law developments of the current head of state - Vladimir Zelensky. We pay special attention to the novelty of the Presidential Decree \"On the decision of the National Security and Defense Council of Ukraine\" of 30.07.2021 \"On the Strategy of Foreign Policy of Ukraine\". For the first time in recent years, attention has been paid to the foreign policy of the young republic towards the future. The main idea of this document is to establish Ukraine in the world as a strong and authoritative European state capable of providing favorable external conditions for sustainable development and realization of its economic potential and Ukrainian society, which in turn forms priorities of Ukraine's foreign policy, including independence and state sovereignty Ukraine, restoration of its territorial integrity, counteraction to Russian aggression. We note that this document expands the Law of Ukraine \"On Principles of Domestic and Foreign Policy\", as it contains several issues not foreseen by the last one - including external labor migration, public diplomacy to create a positive image of Ukraine abroad and economic diplomacy to expand foreign markets. Attention is also drawn to the introduction of a new term for the use of \"soft power\" through public diplomacy, which will help form a positive image of the state to establish new political ties, develop trade and economic partnerships, disseminate reliable information about Ukraine's development and achievements. It is noted about the exhaustion of Ukraine-EU relations and the need for their rethinking and updating of modern international legal norms and functions, considering the experience of Ukraine. Attention is also paid to the possibility of Ukraine entering new horizons of cooperation with countries in Africa and Asia. The legal significance and legality of signing this Decree are analyzed. It also should be noticed that this scientific research was written before the war in Ukraine.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82633380","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-03-29-36
O. Horbachenko
The modern globalized world needs the creation of a new type of international relations. The state cannot exist by itself, for its successful development it is necessary to actively cooperate with the international community. These are permanent good-neighborly relations, cooperation with leading democratic countries, and participation and active activity in universal and regional international organizations. This is required from the state, the medium type, and the existence of external threats, such as armed aggression, information wars, economic blockades by other states. The latest type of international relations, considering such factors as globalization, the transformation of modern society from post- industrial to information society, brings significant changes to the interaction of various types of external state activity. In the theory of the state and law, the functions of the state are classified according to the following criteria: according to the quintessence and tasks, according to the direction of the functions, according to the methods and means of their implementation, according to the spheres of state activity, according to the social weight of the functions, according to their time frames, etc. Recognizing that each of these scientific classifications has the right to exist, we support the opinion of those scientists who refer to such a classification the division of state functions by spheres of activity of the latter into internal and external functions of the state. Take for example the defense function of the state, which directly depends on its integration into the collective security system. Functions of the state are formalized tasks of activity for a specific period, of a specific state in the sphere of regulation of social relations, in particular, of an external nature, using methods not prohibited by national and international law in order to achieve the most advantageous positions of influence. The following sub-functions of the syncretic external function of the modern state are distinguished: foreign policy (diplomatic); defense of the state against external military aggression; foreign economic; establishment of international humanitarian relations; environmental or ecological (participation in international environmental protection); countering international terrorism and international organized crime. Within the scope of this article, we consider Ukrainian foreign policy (diplomatic), foreign economic and establishment of international humanitarian ties.
{"title":"CONSTITUTIONAL AND LEGAL ASPECTS OF THE EXTERNAL FUNCTIONS OF UKRAINE AND HUNGARY UNDER A THEORETICAL AND LEGAL PRISM","authors":"O. Horbachenko","doi":"10.31732/2708-339x-2022-03-29-36","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-29-36","url":null,"abstract":"The modern globalized world needs the creation of a new type of international relations. The state cannot exist by itself, for its successful development it is necessary to actively cooperate with the international community. These are permanent good-neighborly relations, cooperation with leading democratic countries, and participation and active activity in universal and regional international organizations. This is required from the state, the medium type, and the existence of external threats, such as armed aggression, information wars, economic blockades by other states. The latest type of international relations, considering such factors as globalization, the transformation of modern society from post- industrial to information society, brings significant changes to the interaction of various types of external state activity. In the theory of the state and law, the functions of the state are classified according to the following criteria: according to the quintessence and tasks, according to the direction of the functions, according to the methods and means of their implementation, according to the spheres of state activity, according to the social weight of the functions, according to their time frames, etc. Recognizing that each of these scientific classifications has the right to exist, we support the opinion of those scientists who refer to such a classification the division of state functions by spheres of activity of the latter into internal and external functions of the state. Take for example the defense function of the state, which directly depends on its integration into the collective security system. Functions of the state are formalized tasks of activity for a specific period, of a specific state in the sphere of regulation of social relations, in particular, of an external nature, using methods not prohibited by national and international law in order to achieve the most advantageous positions of influence. The following sub-functions of the syncretic external function of the modern state are distinguished: foreign policy (diplomatic); defense of the state against external military aggression; foreign economic; establishment of international humanitarian relations; environmental or ecological (participation in international environmental protection); countering international terrorism and international organized crime. Within the scope of this article, we consider Ukrainian foreign policy (diplomatic), foreign economic and establishment of international humanitarian ties.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89460607","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-03-37-41
V. Koroleva
The article examines the peculiarities of the modern perception of the concept and content of the right of an individual to an environment safe for life and health. The right to a safe environment belongs to the category of constitutional rights defined by the current legislation of Ukraine as a personal non-property right, the effective implementation of which depends on public and private legal mechanisms for its protection. The right of citizens to an environment safe for life and health belongs to a person from the moment of his birth, regardless of the discretion of state authorities. This is actually the right of every citizen to demand compliance with environmental and legal prescriptions, which corresponds to the duty of everyone and the state to ensure it. Unfortunately, the legislation does not fully define the criteria for a safe environment. But the very definition of the concept of "safe" indicates that the main criterion is the absence of danger, while ecologically dangerous is considered to be "the state of the natural environment, which ensures the prevention of the deterioration of the ecological situation and the occurrence of danger to human health." Everyone has the right to live in an environment conducive to their health and well-being. In order to ensure the possibility of defending this right, the public must, among other things, have access to information, the right to participate in the decision-making process and access to justice on issues related to the protection of human environmental rights and the environment. As a result of the research, it was concluded that the subjective right of a person and a citizen to an environment safe for life and health has a complex structure, and its content must be considered taking into account the criteria of a safe state of the environment. Today, such criteria are the system of environmental, sanitary and anti-epidemic and other norms, standards, requirements, rules, prohibitions, etc. Such criteria are determined by standards and other mandatory regulatory documents. The need for further scientific research into the issue of ensuring the right of an individual to a safe environment is emphasized.
{"title":"THE RIGHT TO AN ENVIRONMENT SAFE FOR LIFE AND HEALTH IN THE SYSTEM OF PERSONAL NON-PROPERTY RIGHTS OF AN INDIVIDUAL","authors":"V. Koroleva","doi":"10.31732/2708-339x-2022-03-37-41","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-37-41","url":null,"abstract":"The article examines the peculiarities of the modern perception of the concept and content of the right of an individual to an environment safe for life and health. The right to a safe environment belongs to the category of constitutional rights defined by the current legislation of Ukraine as a personal non-property right, the effective implementation of which depends on public and private legal mechanisms for its protection. The right of citizens to an environment safe for life and health belongs to a person from the moment of his birth, regardless of the discretion of state authorities. This is actually the right of every citizen to demand compliance with environmental and legal prescriptions, which corresponds to the duty of everyone and the state to ensure it. Unfortunately, the legislation does not fully define the criteria for a safe environment. But the very definition of the concept of \"safe\" indicates that the main criterion is the absence of danger, while ecologically dangerous is considered to be \"the state of the natural environment, which ensures the prevention of the deterioration of the ecological situation and the occurrence of danger to human health.\" Everyone has the right to live in an environment conducive to their health and well-being. In order to ensure the possibility of defending this right, the public must, among other things, have access to information, the right to participate in the decision-making process and access to justice on issues related to the protection of human environmental rights and the environment. As a result of the research, it was concluded that the subjective right of a person and a citizen to an environment safe for life and health has a complex structure, and its content must be considered taking into account the criteria of a safe state of the environment. Today, such criteria are the system of environmental, sanitary and anti-epidemic and other norms, standards, requirements, rules, prohibitions, etc. Such criteria are determined by standards and other mandatory regulatory documents. The need for further scientific research into the issue of ensuring the right of an individual to a safe environment is emphasized.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81869003","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-04-42-46
V. Koroleva, O.O. Kimlenko
Judicial protection of the rights of economic entities is important among other forms of protection. The protection of the rights of economic entities can be considered in two ways: as the protection of the right that is exercised and implemented and the protection of the right that is violated with the use of means to restore it. Classically, the protection of rights is considered as a fact of protection of the rights of the violated. The main legislative act in the field of management is the Commercial Code of Ukraine, which enshrines the fundamental guarantees and ways to protect the rights and interests of economic entities. The Commercial Procedure Code of Ukraine has established a mechanism for reviewing a claim, application or complaint with a request to restore the violated / disputed right. The right to judicial protection corresponds to the obligation of the state to create a system of justice that will undoubtedly resolve complex, diverse and numerous court disputes, without violating judicial competence, and will ensure qualified judicial proceedings. In order to optimize the process of consideration of commercial disputes on the protection of the rights and legitimate interests of business entities, the article examines the problems that arise during the protection of the rights and legitimate interests of economic entities in commercial courts of Ukraine. The role of commercial courts in protecting the rights and legitimate interests of these entities has been studied. It should be noted that the urgency of this problem has been acute since Ukraine's independence, as regular changes in current legislation on the judiciary provide more and more topics for controversy not only between scholars but also practitioners. Ukrainian legislation in the field of economic relations not only contains many inconsistencies and contradictions, but also has significant shortcomings. The main factor that violates the stability in the field of protection of economic relations is the adoption of legislative acts that conflict with the Constitution of Ukraine and laws that were adopted earlier. The protection of the rights of economic entities in commercial courts takes place only with the personal participation of entities that have been granted the appropriate legal personality. The possibility of reviewing court decisions in appellate instances is guaranteed by the Constitution of Ukraine.
{"title":"PROBLEMS OF PROTECTION OF THE RIGHTS OF BUSINESS ENTITIES IN THE COMMERCIAL COURTS OF UKRAINE","authors":"V. Koroleva, O.O. Kimlenko","doi":"10.31732/2708-339x-2022-04-42-46","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-42-46","url":null,"abstract":"Judicial protection of the rights of economic entities is important among other forms of protection. The protection of the rights of economic entities can be considered in two ways: as the protection of the right that is exercised and implemented and the protection of the right that is violated with the use of means to restore it. Classically, the protection of rights is considered as a fact of protection of the rights of the violated. The main legislative act in the field of management is the Commercial Code of Ukraine, which enshrines the fundamental guarantees and ways to protect the rights and interests of economic entities. The Commercial Procedure Code of Ukraine has established a mechanism for reviewing a claim, application or complaint with a request to restore the violated / disputed right. The right to judicial protection corresponds to the obligation of the state to create a system of justice that will undoubtedly resolve complex, diverse and numerous court disputes, without violating judicial competence, and will ensure qualified judicial proceedings. In order to optimize the process of consideration of commercial disputes on the protection of the rights and legitimate interests of business entities, the article examines the problems that arise during the protection of the rights and legitimate interests of economic entities in commercial courts of Ukraine. The role of commercial courts in protecting the rights and legitimate interests of these entities has been studied. It should be noted that the urgency of this problem has been acute since Ukraine's independence, as regular changes in current legislation on the judiciary provide more and more topics for controversy not only between scholars but also practitioners. Ukrainian legislation in the field of economic relations not only contains many inconsistencies and contradictions, but also has significant shortcomings. The main factor that violates the stability in the field of protection of economic relations is the adoption of legislative acts that conflict with the Constitution of Ukraine and laws that were adopted earlier. The protection of the rights of economic entities in commercial courts takes place only with the personal participation of entities that have been granted the appropriate legal personality. The possibility of reviewing court decisions in appellate instances is guaranteed by the Constitution of Ukraine.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88051289","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-03-54-60
Inna M. Dolianovska
At the beginning of the 21st century, many events of an international legal nature took place in the world, which were of great importance for the recognition of human rights and freedoms, and of children in particular, as the highest social value in society. These events also concern our country, which responds to them in a timely manner with appropriate changes in legislation. However, today the world community is faced with the existence of a number of political, economic and military threats, which pose a danger to an indefinite number of people, their most important personal rights and freedoms. We are talking about such things as hybrid wars, military occupations of some countries by others, armed conflicts, and, as a result, migration phenomena and refugees. The aforementioned threats also affected Ukraine with the beginning of the annexation of Crimea and the armed conflict in the east of the country. However, later the eight-year military conflict turned into a real military confrontation, the seizure of more and more territories of our country, continuous aerial bombardment of cities and infrastructure facilities, the death of the civilian population, finally unheard of compared to 2014, the scale of displaced and evacuated Ukrainians to safe places and abroad citizens. The issue of protecting the rights of people affected by these threats is one of the key tasks facing the Government of Ukraine. A prominent place in this issue is given to the problem of protecting the rights of children, who are the guarantor of the existence of the Ukrainian nation in the future. At the same time, it is noted that being alone with the military aggressor in the face of the Russian Federation, Ukraine felt the real friendly support of the entire international community both in the provision of military aid and in the process of supporting the least protected categories of the civilian population - women and children. In this article, the author characterizes the main directions of combating the criminal violation of children's rights in the conditions of a full-fledged military invasion of the territory of Ukraine and the challenges that the subjects of prevention are called to overcome. The role of the United Nations in cooperation with the Government of our country in the joint implementation of measures to overcome them is revealed separately.
{"title":"COOPERATION OF THE UNITED NATIONS AND THE GOVERNMENT OF UKRAINE IN THE FIELD OF PROTECTION OF CHILDREN'S RIGHTS AS A DIRECTION OF SOCIAL CRIME PREVENTION: MODERN ASPECTS","authors":"Inna M. Dolianovska","doi":"10.31732/2708-339x-2022-03-54-60","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-54-60","url":null,"abstract":"At the beginning of the 21st century, many events of an international legal nature took place in the world, which were of great importance for the recognition of human rights and freedoms, and of children in particular, as the highest social value in society. These events also concern our country, which responds to them in a timely manner with appropriate changes in legislation. However, today the world community is faced with the existence of a number of political, economic and military threats, which pose a danger to an indefinite number of people, their most important personal rights and freedoms. We are talking about such things as hybrid wars, military occupations of some countries by others, armed conflicts, and, as a result, migration phenomena and refugees. The aforementioned threats also affected Ukraine with the beginning of the annexation of Crimea and the armed conflict in the east of the country. However, later the eight-year military conflict turned into a real military confrontation, the seizure of more and more territories of our country, continuous aerial bombardment of cities and infrastructure facilities, the death of the civilian population, finally unheard of compared to 2014, the scale of displaced and evacuated Ukrainians to safe places and abroad citizens. The issue of protecting the rights of people affected by these threats is one of the key tasks facing the Government of Ukraine. A prominent place in this issue is given to the problem of protecting the rights of children, who are the guarantor of the existence of the Ukrainian nation in the future. At the same time, it is noted that being alone with the military aggressor in the face of the Russian Federation, Ukraine felt the real friendly support of the entire international community both in the provision of military aid and in the process of supporting the least protected categories of the civilian population - women and children. In this article, the author characterizes the main directions of combating the criminal violation of children's rights in the conditions of a full-fledged military invasion of the territory of Ukraine and the challenges that the subjects of prevention are called to overcome. The role of the United Nations in cooperation with the Government of our country in the joint implementation of measures to overcome them is revealed separately.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87621995","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-04-17-25
T.A. Frantsuz-Yakovets
The article considers human rights issues through the prism of vaccination. The international and national norms, as well as the practice of the ECtHR on human rights in the context of immunization and human responsibilities to the society in which he lives are analyzed. The question of the admissibility of compulsory vaccination is not new, but it is especially relevant in modern conditions. Today, we are all witnessing a situation where the state has created the conditions for stimulating and even forcing vaccination due to the spread of coronavirus infection. A person is faced with a "choice without a choice", because it becomes impossible to exercise their basic rights, such as the right to work or the right to free movement, if the person has not received a vaccination certificate. However, such persistent coercion to vaccination in the event of the spread of coronavirus infection is particularly disturbing to some sections of society, as such persistence and agitation for vaccination against other infectious diseases has not been observed. It is determined that the state can use compulsory vaccination, but if there are legal grounds and proportionality. Vaccination must be legal and legitimate. In order to avoid violations of citizens’ rights in practice, clear legislative regulation of the procedural aspect of vaccination is needed. It has been established that both national and international norms indicate that vaccination is a human right that he uses consciously, taking into account all the risks and benefits. A person’s consent to any vaccination is mandatory, so it is unacceptable to use intimidation and coercion in this context. The author argues that a high level of vaccination in society can only be achieved by providing truthful information, establishing responsibility for the consequences of vaccination, which generally contributes to the formation of public confidence in the healthcare system.
{"title":"LEGAL ASPECTS OF VACCINATION IN UKRAINE: BETWEEN THE RIGHTS OF INDIVIDUALS AND THE INTERESTS OF SOCIETY","authors":"T.A. Frantsuz-Yakovets","doi":"10.31732/2708-339x-2022-04-17-25","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-17-25","url":null,"abstract":"The article considers human rights issues through the prism of vaccination. The international and national norms, as well as the practice of the ECtHR on human rights in the context of immunization and human responsibilities to the society in which he lives are analyzed. The question of the admissibility of compulsory vaccination is not new, but it is especially relevant in modern conditions. Today, we are all witnessing a situation where the state has created the conditions for stimulating and even forcing vaccination due to the spread of coronavirus infection. A person is faced with a \"choice without a choice\", because it becomes impossible to exercise their basic rights, such as the right to work or the right to free movement, if the person has not received a vaccination certificate. However, such persistent coercion to vaccination in the event of the spread of coronavirus infection is particularly disturbing to some sections of society, as such persistence and agitation for vaccination against other infectious diseases has not been observed. It is determined that the state can use compulsory vaccination, but if there are legal grounds and proportionality. Vaccination must be legal and legitimate. In order to avoid violations of citizens’ rights in practice, clear legislative regulation of the procedural aspect of vaccination is needed. It has been established that both national and international norms indicate that vaccination is a human right that he uses consciously, taking into account all the risks and benefits. A person’s consent to any vaccination is mandatory, so it is unacceptable to use intimidation and coercion in this context. The author argues that a high level of vaccination in society can only be achieved by providing truthful information, establishing responsibility for the consequences of vaccination, which generally contributes to the formation of public confidence in the healthcare system.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86423645","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 : 2022-05-12DOI: 10.31732/2708-339x-2022-03-42-47
T.A. Frantsuz-Yakovets, O. Havrylenko
This scientific article attempts to analyze the grounds for bringing public entities to tort liability for damage caused to individuals by the adoption of a legal act of individual action, which was later recognized as illegal and canceled in a court of law. The primary purpose of the adoption of normative legal acts is, in particular, the creation of additional conditions for the realization of the rights of individuals or their protection; in practice, situations often arise when the consequence of the adoption of a normative legal act is a violation of the rights of individuals or legal entities. That is why the legislator provided for the responsibility of public entities for damage caused to individuals by the adoption of a normative legal act in Art. 1175 of the Central Committee of Ukraine. This norm provides that the damage caused to a natural or legal person as a result of the adoption by the authority of a normative legal act, which was recognized as illegal and canceled, shall be compensated by a public entity represented by the relevant authority: the state, the Autonomous Republic of Crimea or a local self-government body. Having analyzed it, one can come to the conclusion that the basis of its application is the assignment of damage by the adoption of the normative legal act itself. However, the civil legislation provides that the court can declare illegal and cancel not only normative legal acts.
{"title":"COMPENSATION OF DAMAGE CAUSED BY PUBLIC ENTITIES IN THE SPHERE OF REGULATORY ACTIVITIES: SEPARATE THEORETICAL AND LEGAL ASPECTS","authors":"T.A. Frantsuz-Yakovets, O. Havrylenko","doi":"10.31732/2708-339x-2022-03-42-47","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-42-47","url":null,"abstract":"This scientific article attempts to analyze the grounds for bringing public entities to tort liability for damage caused to individuals by the adoption of a legal act of individual action, which was later recognized as illegal and canceled in a court of law. The primary purpose of the adoption of normative legal acts is, in particular, the creation of additional conditions for the realization of the rights of individuals or their protection; in practice, situations often arise when the consequence of the adoption of a normative legal act is a violation of the rights of individuals or legal entities. That is why the legislator provided for the responsibility of public entities for damage caused to individuals by the adoption of a normative legal act in Art. 1175 of the Central Committee of Ukraine. This norm provides that the damage caused to a natural or legal person as a result of the adoption by the authority of a normative legal act, which was recognized as illegal and canceled, shall be compensated by a public entity represented by the relevant authority: the state, the Autonomous Republic of Crimea or a local self-government body. Having analyzed it, one can come to the conclusion that the basis of its application is the assignment of damage by the adoption of the normative legal act itself. However, the civil legislation provides that the court can declare illegal and cancel not only normative legal acts.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83232693","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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