Pub Date : 2022-05-12DOI: 10.31732/2708-339x-2022-03-18-23
V. Skomorovskyi, T. Kinzerska
The article examines the views of the famous Ukrainian lawyer, public and socio-political figure Ilya Shrag on the justice system in Ukrainian lands after the Judicial Reform of 1864. It is noted that by the middle of the 19th century,radical changes were observed in the social and political life of the Russian Empire. The central government announced a series of reforms, including peasant, military, urban, zemstvo, and judicial reforms. It is claimed that such a need has been ripe for a long time and it has repeatedly become the subject of discussion in the highest echelons of the imperial power. Among the proposed reforms, the Judicial Reform of 1864 was the most consistent and complete. It must be stated that the relevance of the transformation of the judicial system was clearly visible in the conditions of social and political life, since the current justice system did not correspond to the peculiarities of the life of that time. The current system was not perfect, and this was repeatedly proven by judicial practice. In addition, insufficient legal qualifications of judges and bribery were observed, courts decided cases by considering only written investigation materials. It is emphasized that the analysis of the functioning of judicial institutions on the territory of Ukrainian lands occupies an important place in the creative heritage of I. Shrag. It is noted that the scientist's legal profession allowed him to investigate in detail the peculiarities of the functioning of judicial institutions, taking into account those socio-political and legal factors that significantly influenced, and often determined, the principles of the functioning of judicial institutions. It is noted that as a professional lawyer with extensive practical experience, the researcher followed in detail the functioning of the courts after their reformation during the reign of Tsar Alexander II. It is claimed that, based on the application of comparative analysis, the scientist was able to trace the peculiarities of the functioning of judicial institutions after the Judicial Reform of 1864 and up to the period of counter-reforms in the judicial sphere proclaimed by the autocracy at the end of the 19th century.
{"title":"VIEWS OF ILYA SHRAG ON THE JUSTICE SYSTEM IN UKRAINIAN LANDS AFTER THE JUDICIAL REFORM OF 1864","authors":"V. Skomorovskyi, T. Kinzerska","doi":"10.31732/2708-339x-2022-03-18-23","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-18-23","url":null,"abstract":"The article examines the views of the famous Ukrainian lawyer, public and socio-political figure Ilya Shrag on the justice system in Ukrainian lands after the Judicial Reform of 1864. It is noted that by the middle of the 19th century,radical changes were observed in the social and political life of the Russian Empire. The central government announced a series of reforms, including peasant, military, urban, zemstvo, and judicial reforms. It is claimed that such a need has been ripe for a long time and it has repeatedly become the subject of discussion in the highest echelons of the imperial power. Among the proposed reforms, the Judicial Reform of 1864 was the most consistent and complete. It must be stated that the relevance of the transformation of the judicial system was clearly visible in the conditions of social and political life, since the current justice system did not correspond to the peculiarities of the life of that time. The current system was not perfect, and this was repeatedly proven by judicial practice. In addition, insufficient legal qualifications of judges and bribery were observed, courts decided cases by considering only written investigation materials. It is emphasized that the analysis of the functioning of judicial institutions on the territory of Ukrainian lands occupies an important place in the creative heritage of I. Shrag. It is noted that the scientist's legal profession allowed him to investigate in detail the peculiarities of the functioning of judicial institutions, taking into account those socio-political and legal factors that significantly influenced, and often determined, the principles of the functioning of judicial institutions. It is noted that as a professional lawyer with extensive practical experience, the researcher followed in detail the functioning of the courts after their reformation during the reign of Tsar Alexander II. It is claimed that, based on the application of comparative analysis, the scientist was able to trace the peculiarities of the functioning of judicial institutions after the Judicial Reform of 1864 and up to the period of counter-reforms in the judicial sphere proclaimed by the autocracy at the end of the 19th century.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78115348","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-2022-03-24-28
V. Gumenyuk
The purpose of the article is to clarify previously known but insufficiently researched facts, to discover new facts, to deepen the study of knowledge about the Green Wedge, to analyze the real state of the subject of research. Methodology. The methodology includes the analysis of the theoretical and source base with further generalization and formulation of relevant conclusions and recommendations. Given the interdisciplinary nature of the problem, the work uses a complex of general scientific, special legal, special historical and philosophical methods and approaches, as well as the principles of objectivity, historicism, systematicity and comprehensiveness. The results. In the course of the research, it was determined that on May 30, 1919, the Constitution of the National and Cultural Autonomy of Ukrainians in the Far East was approved at the II session of the Ukrainian Far Eastern Regional Council (with the participation of representatives of the Vladivostok, Mykyl-Usuriy, Iman, Khabarovsk, Svobodnen, Zabaikal and Manchurian Ukrainian District Councils) on May 30, 1919 , in which the structure, principles of formation and functioning, competence of national self-government bodies, as well as the issue of determining the civil-legal status of the Ukrainian population of the Far East are fixed. The Far Eastern Ukrainians sought to secure their freedom for an independent national and cultural life in their new homeland with the aim of preserving and freely developing these natural treasures, national identity and character. The main goal of the Ukrainian national movement in the Far East in 1917-1922 was the national self-determination of the Ukrainian population of the Far East in the form of national-territorial or national-cultural autonomy, the principles of which are contained in Article 6 of the Constitution of the National-Cultural Autonomy of Ukrainians in the Far East. Originality. In the course of the research, it was established that the research and coverage of the issue of the state formation of the Ukrainian people of the last century against the background of the events that took place since 2014, namely: the annexation of the Autonomous Republic of Crimea, the military invasion of Eastern Ukraine, as well as the full-scale military invasion on February 24, 2022, are quite relevant to the modern sovereign and independent, democratic, social, legal state of Ukraine, which are examples of Russian expansionist ambitions and imperialist policies. As a result, today the Ukrainian people stand in defense of democratic values, the European path of development, territorial integrity and state sovereignty of Ukraine. One of the stages of state formation of the Ukrainian people is the formation of the Ukrainian Far Eastern Republic, which lasted from 1917 to 1922. Practical significance. The results of the study can be used by central, regional and local state authorities in the formation of diaspora policy while addressing cultural, lingui
{"title":"STATE CREATION OF THE UKRAINIAN FAR EASTERN REPUBLIC IN 1917-1922: THE CONSTITUTION OF THE NATIONAL AND CULTURAL AUTONOMY OF UKRAINIANS IN THE FAR EAST","authors":"V. Gumenyuk","doi":"10.31732/2708-339x-2022-03-24-28","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-24-28","url":null,"abstract":"The purpose of the article is to clarify previously known but insufficiently researched facts, to discover new facts, to deepen the study of knowledge about the Green Wedge, to analyze the real state of the subject of research. Methodology. The methodology includes the analysis of the theoretical and source base with further generalization and formulation of relevant conclusions and recommendations. Given the interdisciplinary nature of the problem, the work uses a complex of general scientific, special legal, special historical and philosophical methods and approaches, as well as the principles of objectivity, historicism, systematicity and comprehensiveness. The results. In the course of the research, it was determined that on May 30, 1919, the Constitution of the National and Cultural Autonomy of Ukrainians in the Far East was approved at the II session of the Ukrainian Far Eastern Regional Council (with the participation of representatives of the Vladivostok, Mykyl-Usuriy, Iman, Khabarovsk, Svobodnen, Zabaikal and Manchurian Ukrainian District Councils) on May 30, 1919 , in which the structure, principles of formation and functioning, competence of national self-government bodies, as well as the issue of determining the civil-legal status of the Ukrainian population of the Far East are fixed. The Far Eastern Ukrainians sought to secure their freedom for an independent national and cultural life in their new homeland with the aim of preserving and freely developing these natural treasures, national identity and character. The main goal of the Ukrainian national movement in the Far East in 1917-1922 was the national self-determination of the Ukrainian population of the Far East in the form of national-territorial or national-cultural autonomy, the principles of which are contained in Article 6 of the Constitution of the National-Cultural Autonomy of Ukrainians in the Far East. Originality. In the course of the research, it was established that the research and coverage of the issue of the state formation of the Ukrainian people of the last century against the background of the events that took place since 2014, namely: the annexation of the Autonomous Republic of Crimea, the military invasion of Eastern Ukraine, as well as the full-scale military invasion on February 24, 2022, are quite relevant to the modern sovereign and independent, democratic, social, legal state of Ukraine, which are examples of Russian expansionist ambitions and imperialist policies. As a result, today the Ukrainian people stand in defense of democratic values, the European path of development, territorial integrity and state sovereignty of Ukraine. One of the stages of state formation of the Ukrainian people is the formation of the Ukrainian Far Eastern Republic, which lasted from 1917 to 1922. Practical significance. The results of the study can be used by central, regional and local state authorities in the formation of diaspora policy while addressing cultural, lingui","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87504395","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-2022-04-69-73
V.V. Koroleva V.V.
The article examines the concept of the main functions of the National Police of Ukraine. Understanding the essence of these functions contributes to a clear definition of the role and place of the police in the system of public authorities. Functions are understood as the main directions of influence of law on social relations, which reflect its essence and social purpose in society, as well as ways of organizing social relations. Functions are directly aimed at fulfilling the tasks facing society. The functions reflect the content of the activities of the executive power, to a large extent characterize the essence of the state and its social purpose. The formation of the rule of law, the strengthening of law and order, require the improvement and improvement of the work of the National Police, whose main task is to serve society by ensuring the protection of human rights and freedoms, combating crime, and maintaining public safety and order. Therefore, the functions of the police should first of all be directed to preventive and prophylactic activities of criminal and other offenses. From a scientific point of view, the function of the police is a complex and multifaceted issue, which can be revealed as an independent category of the police, which derives from its essence and reflects its purpose in society. We support the point of view of scientists that the functional purpose of the police has an initial, fundamental character, as it determines its role and significance for the development and construction of civil society and the state itself. The functions of the police are derived from tasks and reveal the content of the activities of the National Police of Ukraine. In this regard, police activity is carried out in two directions: internal and external. It is proposed to define the functions of the National Police of Ukraine as defined and fixed at the legal level the areas of activity of the subjects of police activity, which are interconnected and mutually coordinated and aimed at solving the tasks set before it. Based on the analysis of the Law of Ukraine "On the National Police", it is proposed to distinguish two blocks of the main functions of the police: intra- organizational and external.
{"title":"FUNCTIONS OF THE POLICE OF UKRAINE AS A LEGAL CATEGORY","authors":"V.V. Koroleva V.V.","doi":"10.31732/2708-339x-2022-04-69-73","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-69-73","url":null,"abstract":"The article examines the concept of the main functions of the National Police of Ukraine. Understanding the essence of these functions contributes to a clear definition of the role and place of the police in the system of public authorities. Functions are understood as the main directions of influence of law on social relations, which reflect its essence and social purpose in society, as well as ways of organizing social relations. Functions are directly aimed at fulfilling the tasks facing society. The functions reflect the content of the activities of the executive power, to a large extent characterize the essence of the state and its social purpose. The formation of the rule of law, the strengthening of law and order, require the improvement and improvement of the work of the National Police, whose main task is to serve society by ensuring the protection of human rights and freedoms, combating crime, and maintaining public safety and order. Therefore, the functions of the police should first of all be directed to preventive and prophylactic activities of criminal and other offenses. From a scientific point of view, the function of the police is a complex and multifaceted issue, which can be revealed as an independent category of the police, which derives from its essence and reflects its purpose in society. We support the point of view of scientists that the functional purpose of the police has an initial, fundamental character, as it determines its role and significance for the development and construction of civil society and the state itself. The functions of the police are derived from tasks and reveal the content of the activities of the National Police of Ukraine. In this regard, police activity is carried out in two directions: internal and external. It is proposed to define the functions of the National Police of Ukraine as defined and fixed at the legal level the areas of activity of the subjects of police activity, which are interconnected and mutually coordinated and aimed at solving the tasks set before it. Based on the analysis of the Law of Ukraine \"On the National Police\", it is proposed to distinguish two blocks of the main functions of the police: intra- organizational and external.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88039542","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-2022-03-48-53
M. Hryhorchuk
The article presents the author’s position on ways of applying law enforcement mechanisms when documenting war crimes committed by Russians at the stage of opening criminal proceedings in accordance with the provisions of Article 214 of the Criminal Procedure Code of Ukraine. Based on the author’s theoretical and legal analysis of the generalization by the Supreme Court of Ukraine of the practice of considering complaints against the decisions, actions or inaction of the pre-trial investigation bodies or the prosecutor during the pre-trial investigation, taking into account the peculiarities of the wartime period, an assessment of the initial operational and investigative actions in the case of a request for the commission of a criminal offense is presented . The article combines the procedures of criminal and civil law in the directions of restoration of the subjective right of a person violated by the criminally punishable actions of the Russian occupiers. The predominance of constitutional guarantees of the rule of law, the right to protect one's property from criminal manifestations was noted separately. Attention is drawn to the peculiarities of the collection of the evidence base, both of a material nature and of the testimonies of eyewitnesses, who in the future can testify in courts during the trial of criminal cases about crimes against property and persons. Significant interest of the scientific community in the development of the discourse on topics related not only to the full understanding of the pre-trial investigation phase as part of the integral process of restoring the violated right to own property or personal non-property rights, but also to the initial stage - the opening of criminal proceedings and the introduction of information about this crime to the Unified Register of Pretrial Investigations. Reference is made to the decisions of the higher courts of Ukraine in terms of CLARIFICATIONS of the essence of the process of documenting criminal manifestations, as well as in response to such information by equal persons of investigative units. The analyzed scientific output of the domestic scientists- processualists is subjected to the author’s critical evaluation. The expressed author’s vision of the grounds for entering information about a committed criminal offense into the Unified Register of Pretrial Investigations. Scientific approaches to understanding the essence of the constitutionally guaranteed protection of the rights of ordinary citizens and representatives of the economic sphere are presented.
{"title":"PRACTICE OF APPLICATION OF ARTICLE 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE OF UKRAINE (THEORETICAL ASPECTS)","authors":"M. Hryhorchuk","doi":"10.31732/2708-339x-2022-03-48-53","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-48-53","url":null,"abstract":"The article presents the author’s position on ways of applying law enforcement mechanisms when documenting war crimes committed by Russians at the stage of opening criminal proceedings in accordance with the provisions of Article 214 of the Criminal Procedure Code of Ukraine. Based on the author’s theoretical and legal analysis of the generalization by the Supreme Court of Ukraine of the practice of considering complaints against the decisions, actions or inaction of the pre-trial investigation bodies or the prosecutor during the pre-trial investigation, taking into account the peculiarities of the wartime period, an assessment of the initial operational and investigative actions in the case of a request for the commission of a criminal offense is presented . The article combines the procedures of criminal and civil law in the directions of restoration of the subjective right of a person violated by the criminally punishable actions of the Russian occupiers. The predominance of constitutional guarantees of the rule of law, the right to protect one's property from criminal manifestations was noted separately. Attention is drawn to the peculiarities of the collection of the evidence base, both of a material nature and of the testimonies of eyewitnesses, who in the future can testify in courts during the trial of criminal cases about crimes against property and persons. Significant interest of the scientific community in the development of the discourse on topics related not only to the full understanding of the pre-trial investigation phase as part of the integral process of restoring the violated right to own property or personal non-property rights, but also to the initial stage - the opening of criminal proceedings and the introduction of information about this crime to the Unified Register of Pretrial Investigations. Reference is made to the decisions of the higher courts of Ukraine in terms of CLARIFICATIONS of the essence of the process of documenting criminal manifestations, as well as in response to such information by equal persons of investigative units. The analyzed scientific output of the domestic scientists- processualists is subjected to the author’s critical evaluation. The expressed author’s vision of the grounds for entering information about a committed criminal offense into the Unified Register of Pretrial Investigations. Scientific approaches to understanding the essence of the constitutionally guaranteed protection of the rights of ordinary citizens and representatives of the economic sphere are presented.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73525282","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-2022-04-37-41
M. Hryhorchuk, Y. Naumenko
The article examines the impact of the evaluation of evidence from the standpoint of removing the concept of "sufficiency" and consolidating the concept of "probability" in the economic process in connection with changes in the Commercial Procedural Code of Ukraine under the Law of Ukraine of 20.09.2019 acts of Ukraine on stimulating investment activity in Ukraine". Indeed, this law was adopted to improve the business climate in Ukraine, encourage foreign investors and their investments, improve the quality of business regulation to increase business activity and increase Ukraine’s rating on ease of doing business. This law amended the fifth chapter "Evidence and proof" of the Commercial Procedure Code of Ukraine, where Art. 79 has the following meaning: «1. The existence of a circumstance to which the party refers as the basis of its claims or objections is considered proven if the evidence provided to confirm such a circumstance is more plausible than the evidence provided to refute it. The question of the reliability of evidence to establish the circumstances relevant to the case, the court decides in accordance with its internal convictions.". These amendments to the Commercial Procedure Code have affected the process of proving and evaluating evidence in commercial litigation, in connection with which a new standard of proof in commercial litigation has been enshrined in law. It should be emphasized that these changes regarding the replacement of the standard of proof complement the principles of commercial litigation, namely the principles of adversarial and dispositiveness, enshrined in Art. Art. 13, 14, 74 of the Commercial Procedure Code of Ukraine. The legislator has tried to prove that the introduction of changes, namely the category of "probability of evidence", will improve the efficiency of the commercial court in making decisions based on new approaches to the evaluation of evidence in the case to ensure fair, impartial and lawful resolution of disputes. quality protection of violated, unrecognized or disputed rights and legitimate interests of individuals and legal entities, the state.
{"title":"PROBLEMATIC ISSUES IN THE EVALUATION OF EVIDENCE IN ECONOMIC JUDICIAL PROCEEDINGS","authors":"M. Hryhorchuk, Y. Naumenko","doi":"10.31732/2708-339x-2022-04-37-41","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-37-41","url":null,"abstract":"The article examines the impact of the evaluation of evidence from the standpoint of removing the concept of \"sufficiency\" and consolidating the concept of \"probability\" in the economic process in connection with changes in the Commercial Procedural Code of Ukraine under the Law of Ukraine of 20.09.2019 acts of Ukraine on stimulating investment activity in Ukraine\". Indeed, this law was adopted to improve the business climate in Ukraine, encourage foreign investors and their investments, improve the quality of business regulation to increase business activity and increase Ukraine’s rating on ease of doing business. This law amended the fifth chapter \"Evidence and proof\" of the Commercial Procedure Code of Ukraine, where Art. 79 has the following meaning: «1. The existence of a circumstance to which the party refers as the basis of its claims or objections is considered proven if the evidence provided to confirm such a circumstance is more plausible than the evidence provided to refute it. The question of the reliability of evidence to establish the circumstances relevant to the case, the court decides in accordance with its internal convictions.\". These amendments to the Commercial Procedure Code have affected the process of proving and evaluating evidence in commercial litigation, in connection with which a new standard of proof in commercial litigation has been enshrined in law. It should be emphasized that these changes regarding the replacement of the standard of proof complement the principles of commercial litigation, namely the principles of adversarial and dispositiveness, enshrined in Art. Art. 13, 14, 74 of the Commercial Procedure Code of Ukraine. The legislator has tried to prove that the introduction of changes, namely the category of \"probability of evidence\", will improve the efficiency of the commercial court in making decisions based on new approaches to the evaluation of evidence in the case to ensure fair, impartial and lawful resolution of disputes. quality protection of violated, unrecognized or disputed rights and legitimate interests of individuals and legal entities, the state.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77895674","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-2022-04-47-53
V. Koroleva, D.A. Dykun
The article is devoted to the main problems of such an important institution of law as pre-trial settlement of commercial disputes. The paper considers public relations in the field of pre-trial settlement of legal disputes related to he implementation of business and other economic activities, in their relationship with the mechanism of consideration and resolution of cases in commercial courts. The authors investigate the legal nature and essence of pre-trial settlement of commercial disputes; its types are analyzed; the main approaches to the similar settlement of economic disputes in developed countries are identified. The study draws attention to the fact that today the main type of pre-trial settlement of commercial disputes in the legal field of Ukraine is claims proceedings, its mechanism is described. Considering the prospects for the development of other pre-trial instruments for resolving commercial disputes in Ukraine, in addition to litigation, which are actively used abroad, it should be noted that disagreements between the parties can be resolved peacefully. Mediation has been shown to be an alternative to litigation. Mediation (mediation) is an independent type (method) of alternative dispute resolution. Mediation - negotiations of the parties with the participation of a mediator in order to resolve the dispute (disputes) of the parties by developing a mutually agreed agreement. Mediation can be seen as a means of simplifying and improving access not only to justice but also to justice in general. It is proposed to expand the scope of pre-trial dispute resolution and its types, which, according to the authors, will identify the real causes of disputes between the parties to the conflict. It is substantiated that today the institution of pre-trial settlement of legal disputes - a complex intersectoral legal phenomenon is an independent legitimate form of protection of rights and legitimate interests of legal entities, aimed at resolving private and, in cases expressly provided by law, public conflicts.
{"title":"PROBLEMATIC ASPECTS OF PRE-TRIAL SETTLEMENT OF COMMERCIAL DISPUTES","authors":"V. Koroleva, D.A. Dykun","doi":"10.31732/2708-339x-2022-04-47-53","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-47-53","url":null,"abstract":"The article is devoted to the main problems of such an important institution of law as pre-trial settlement of commercial disputes. The paper considers public relations in the field of pre-trial settlement of legal disputes related to he implementation of business and other economic activities, in their relationship with the mechanism of consideration and resolution of cases in commercial courts. The authors investigate the legal nature and essence of pre-trial settlement of commercial disputes; its types are analyzed; the main approaches to the similar settlement of economic disputes in developed countries are identified. The study draws attention to the fact that today the main type of pre-trial settlement of commercial disputes in the legal field of Ukraine is claims proceedings, its mechanism is described. Considering the prospects for the development of other pre-trial instruments for resolving commercial disputes in Ukraine, in addition to litigation, which are actively used abroad, it should be noted that disagreements between the parties can be resolved peacefully. Mediation has been shown to be an alternative to litigation. Mediation (mediation) is an independent type (method) of alternative dispute resolution. Mediation - negotiations of the parties with the participation of a mediator in order to resolve the dispute (disputes) of the parties by developing a mutually agreed agreement. Mediation can be seen as a means of simplifying and improving access not only to justice but also to justice in general. It is proposed to expand the scope of pre-trial dispute resolution and its types, which, according to the authors, will identify the real causes of disputes between the parties to the conflict. It is substantiated that today the institution of pre-trial settlement of legal disputes - a complex intersectoral legal phenomenon is an independent legitimate form of protection of rights and legitimate interests of legal entities, aimed at resolving private and, in cases expressly provided by law, public conflicts.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85545104","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-2022-04-10-16
A.J. Frantsuz A.J.
The Budapest Memorandum has not been ratified by any party, which from a legal point of view cannot be considered to have entered into force and contains the onset of rights and obligations. Although the Ukrainian side emphasized the need for ratification, the opposition of the United States and Russia refused to make this document legally binding. December 5, 1994, for most ordinary citizens until February 24, 2022, this date meant nothing and in most cases was unknown. However, the introduction of martial law, shelling, occupation, bombing of civilians, destruction of housing, Ukraine's pleas as a state for help from indifferent states, and most importantly hearing threats to itself about the possible use of nuclear weapons in this war have caused the issue to be raised for more than a dozen years long ago, when Ukraine, having inherited the third nuclear potential in the world, gave it to today's terrorist state, which killed hundreds of thousands of people, and the number of missing people is still unknown. This scientific article examines the issue of the Budapest Memorandum. Its legal essence and meaning are analyzed in its main parts. The official name of which is "Memorandum on security guarantees in connection with the accession of Ukraine to the treaty on the non-proliferation of nuclear weapons. Even if we find the legal meaning of the Budapest Memorandum, but the security guarantees, which should reflect the idea that external guarantors should ensure a safe and comfortable existence in practice, on the one hand, it can be said that Great Britain and the United States have not violated its parts, on the one hand unlike Russia, however, on the other hand, by weakening Ukraine in this way, we assume that the grounds for its territorial invasion were created.
{"title":"THEORETICAL AND LEGAL PRISM OF THE BUDAPEST MEMORANDUM: UNPROCESSED GUARANTEES","authors":"A.J. Frantsuz A.J.","doi":"10.31732/2708-339x-2022-04-10-16","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-10-16","url":null,"abstract":"The Budapest Memorandum has not been ratified by any party, which from a legal point of view cannot be considered to have entered into force and contains the onset of rights and obligations. Although the Ukrainian side emphasized the need for ratification, the opposition of the United States and Russia refused to make this document legally binding. December 5, 1994, for most ordinary citizens until February 24, 2022, this date meant nothing and in most cases was unknown. However, the introduction of martial law, shelling, occupation, bombing of civilians, destruction of housing, Ukraine's pleas as a state for help from indifferent states, and most importantly hearing threats to itself about the possible use of nuclear weapons in this war have caused the issue to be raised for more than a dozen years long ago, when Ukraine, having inherited the third nuclear potential in the world, gave it to today's terrorist state, which killed hundreds of thousands of people, and the number of missing people is still unknown. This scientific article examines the issue of the Budapest Memorandum. Its legal essence and meaning are analyzed in its main parts. The official name of which is \"Memorandum on security guarantees in connection with the accession of Ukraine to the treaty on the non-proliferation of nuclear weapons. Even if we find the legal meaning of the Budapest Memorandum, but the security guarantees, which should reflect the idea that external guarantors should ensure a safe and comfortable existence in practice, on the one hand, it can be said that Great Britain and the United States have not violated its parts, on the one hand unlike Russia, however, on the other hand, by weakening Ukraine in this way, we assume that the grounds for its territorial invasion were created.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83892157","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-2022-03-10-17
N. Stepanenko, A.V. Bezkrovnyi
In the conditions of transformational changes in Ukraine, the issue of national security is one of the key ones. Military intervention in relation to our state, crisis processes in the economy, politics, finance, social sphere, opposition to political extremism, separatism, collaborationism, various forms and methods of crime in today's realities are acute, painful problems that require an immediate solution. The state is the defining institution of the political system of Ukraine, the main guarantor of the constitutional system and performs the functions of ensuring national security through legislative, executive and judicial authorities, the key place among which should belong to the parliament, which provides regulatory and legal support for national security in the state. The Verkhovna Rada of Ukraine, within the functional powers defined by the Constitution of Ukraine, determines the principles of internal and foreign policy, the foundations of national security, forms the legislative framework in this area, approves decisions on the introduction of a state of emergency and martial law, mobilization, determination of the general structure, number, and functions of allies and participation in military-political alliances; professionalism of the personnel of the armed forces; the size of military expenditures, the state of military science and the nature of military doctrine. These factors are important objects of Ukraine's military policy. Because it is the effective functioning of the security and defense sector and defense in conditions of limited state resources and the consistent and constructive support of Ukraine by the international community that is the key to the successful provision of socio-political and socio-economic development and regional security, the restoration of peace in Ukraine. Without proper legislative support, the national security system of Ukraine will be formal and unable to protect the rights and freedoms of the Ukrainian people. The article uses a number of general scientific, legal, and philosophical methods and approaches. The worldview position of the authors is determined by the development of the modern complex state of our country, martial law, challenges, globalist military intervention of Russia, etc. All this requires characteristic approaches and methodological expansion of the problem on the basis of the civilizational approach, conceptual approaches of jurisprudence with the application of systemic methods. The theoretical and practical significance of the study includes a comprehensive analysis of the outlined issues of institutional support of the problem of national security in Ukraine at the legislative level.
{"title":"LEGISLATIVE BASIS FOR ENSURING NATIONAL SECURITY OF UKRAINE","authors":"N. Stepanenko, A.V. Bezkrovnyi","doi":"10.31732/2708-339x-2022-03-10-17","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-03-10-17","url":null,"abstract":"In the conditions of transformational changes in Ukraine, the issue of national security is one of the key ones. Military intervention in relation to our state, crisis processes in the economy, politics, finance, social sphere, opposition to political extremism, separatism, collaborationism, various forms and methods of crime in today's realities are acute, painful problems that require an immediate solution. The state is the defining institution of the political system of Ukraine, the main guarantor of the constitutional system and performs the functions of ensuring national security through legislative, executive and judicial authorities, the key place among which should belong to the parliament, which provides regulatory and legal support for national security in the state. The Verkhovna Rada of Ukraine, within the functional powers defined by the Constitution of Ukraine, determines the principles of internal and foreign policy, the foundations of national security, forms the legislative framework in this area, approves decisions on the introduction of a state of emergency and martial law, mobilization, determination of the general structure, number, and functions of allies and participation in military-political alliances; professionalism of the personnel of the armed forces; the size of military expenditures, the state of military science and the nature of military doctrine. These factors are important objects of Ukraine's military policy. Because it is the effective functioning of the security and defense sector and defense in conditions of limited state resources and the consistent and constructive support of Ukraine by the international community that is the key to the successful provision of socio-political and socio-economic development and regional security, the restoration of peace in Ukraine. Without proper legislative support, the national security system of Ukraine will be formal and unable to protect the rights and freedoms of the Ukrainian people. The article uses a number of general scientific, legal, and philosophical methods and approaches. The worldview position of the authors is determined by the development of the modern complex state of our country, martial law, challenges, globalist military intervention of Russia, etc. All this requires characteristic approaches and methodological expansion of the problem on the basis of the civilizational approach, conceptual approaches of jurisprudence with the application of systemic methods. The theoretical and practical significance of the study includes a comprehensive analysis of the outlined issues of institutional support of the problem of national security in Ukraine at the legislative level.","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":"74877328","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-2022-04-26-30
A.J. Frantsuz, D. Zubko
This article analyzes some general tools for resolving conflicts of interest through mediation in the political segment of Ukraine. The expediency of this analysis is due to the fact that the regulatory elements regarding the political and legal system of Ukraine are rather inaccurate, which provides a comprehensive space for abuses of power and public opinion in the country, which affects the population and development of the state. Justification that there is a certain list of unspoken rules, which complicates the introduction of new rules that will be inherent in the public interest in the state. In the modern dimension, many conflictologists are trying to find the best way to resolve the conflict, which would further minimize or avoid harm, which will positively contribute to the further development of society. One of the modern methods of resolving disputes between the parties is mediation. This is a way that, with the help of a neutral third party, establishes communication between the parties and tries to direct the parties to the conflict in the direction of reaching agreements. The outcome of the conflict is directly influenced by the behavior and attitudes of the subjects in it. Political conflicts are more common than in other spheres of public life, and the reason is that political relations are essentially power relations, based on the dominance of some people and the subordination of others, and the advantages and interests of some actors higher than others, leads to conflicts and confrontation of the political situation. Therefore, there is reason to believe that the circumstances, which include the impact on the socio-political life of the state according to the general rules, increase or decrease the degree of social confrontation. Although domestic political scientists previously believed in the peaceful resolution of political conflicts, Ukrainian society is unable to overcome the crisis on its own, is without the use of mediation. Mediation is one of the most popular methods of resolving conflicts around the world.
{"title":"POLITICAL MEDIATION IN UKRAINE","authors":"A.J. Frantsuz, D. Zubko","doi":"10.31732/2708-339x-2022-04-26-30","DOIUrl":"https://doi.org/10.31732/2708-339x-2022-04-26-30","url":null,"abstract":"This article analyzes some general tools for resolving conflicts of interest through mediation in the political segment of Ukraine. The expediency of this analysis is due to the fact that the regulatory elements regarding the political and legal system of Ukraine are rather inaccurate, which provides a comprehensive space for abuses of power and public opinion in the country, which affects the population and development of the state. Justification that there is a certain list of unspoken rules, which complicates the introduction of new rules that will be inherent in the public interest in the state. In the modern dimension, many conflictologists are trying to find the best way to resolve the conflict, which would further minimize or avoid harm, which will positively contribute to the further development of society. One of the modern methods of resolving disputes between the parties is mediation. This is a way that, with the help of a neutral third party, establishes communication between the parties and tries to direct the parties to the conflict in the direction of reaching agreements. The outcome of the conflict is directly influenced by the behavior and attitudes of the subjects in it. Political conflicts are more common than in other spheres of public life, and the reason is that political relations are essentially power relations, based on the dominance of some people and the subordination of others, and the advantages and interests of some actors higher than others, leads to conflicts and confrontation of the political situation. Therefore, there is reason to believe that the circumstances, which include the impact on the socio-political life of the state according to the general rules, increase or decrease the degree of social confrontation. Although domestic political scientists previously believed in the peaceful resolution of political conflicts, Ukrainian society is unable to overcome the crisis on its own, is without the use of mediation. Mediation is one of the most popular methods of resolving conflicts around the world.","PeriodicalId":76144,"journal":{"name":"Medico-legal bulletin","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83066654","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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