University Scientific Notes最新文献

筛选
英文 中文
Differentiation of Proceedings in the Court of First Instance under the Statute of Criminal Procedure of 1864 1864年《刑事诉讼法》第一审法院诉讼程序的区别
University Scientific Notes Pub Date : 2021-12-30 DOI: 10.37491/unz.84.17
Iryna Oboronova
{"title":"Differentiation of Proceedings in the Court of First Instance under the Statute of Criminal Procedure of 1864","authors":"Iryna Oboronova","doi":"10.37491/unz.84.17","DOIUrl":"https://doi.org/10.37491/unz.84.17","url":null,"abstract":"The provisions of Statute of criminal procedure devoted to the differentiation of criminal proceedings in the court of first instance are analyzed in the article. The author accentuates that the current criminal procedure legislation of Ukraine has inherited a lot of progressive ideas implemented by Statute of criminal procedure; in particular, it contains a number of differentiated procedures for criminal proceedings in the court of first instance. In fact, Statute of criminal procedure provided for three types of criminal proceedings: ordinary, simplified and complicated, as well as some peculiarities in certain categories of proceedings. Simplified procedure was provided for the consideration of cases of minor criminal offenses — in proceedings before a magistrate (there were signs of private prosecution) and proceedings in absentia in the court of first instance. In addition, such a procedure included an abbreviated judicial investigation, which is carried out in the general order of the trial (summary trial). A complicated procedure took place in the trial court with the participation of jurors, which separated the powers of the jury to pass a verdict and the judge — to pass sentence. The criteria for distinguishing between proceedings according to the degree of complexity of procedural forms were: the nature and severity of the criminal offense, the ratio of private and public interests, as well as the category of cases that could be considered by a jury. The Statute of criminal procedure also contained exceptions to the general procedure of criminal proceedings, which provided for peculiarities in certain categories of proceedings (in cases involving the clergy, the military, state crimes, official crimes, etc.). The criteria for distinguishing such features were: the status of the accused (clergy, military), as well as the category of cases (for crimes against religion and others related to violation of church rules, for state crimes, for official crimes, for crimes in administrative management sphere).","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127235901","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}
引用次数: 0
European Customs Transit Systems and Prospects of Their Application in Ukraine 欧洲海关过境制度及其在乌克兰的应用前景
University Scientific Notes Pub Date : 2021-12-30 DOI: 10.37491/unz.84.10
I. Mishchenko
{"title":"European Customs Transit Systems and Prospects of Their Application in Ukraine","authors":"I. Mishchenko","doi":"10.37491/unz.84.10","DOIUrl":"https://doi.org/10.37491/unz.84.10","url":null,"abstract":"The provisions of key international legal acts on the regulation of international customs transit procedures currently used in Europe are analysed and summarized in the article. In particular, the peculiarities of such European customs transit systems as international road transport using the Carnet TIR, transit on temporary admission using the Carnet ATA, European Union transit, common transit procedure, postal transit, Rhine manifest procedure, and also the transit of goods for the purposes of NATO and other military activities are found out. The main cases and circumstances for application of listed transit procedure types, as well as the main factors influencing their use are established. In addition, the article raises questions about the specifics of international legal regulation of the customs transit procedure within each of the considered European transit systems, as well as the legal basis for their regulation within the European Union and Ukraine, where appropriate. Given that a significant number of European countries are part of the European Union, it is concluded that the common transit and Union transit are the most popular and frequently used customs transit systems. It is stressed that the common transit as a universal tool to facilitate international trade in Europe, that may also be used outside the European Union, is one of the key objects for Ukrainian customs legislation reforms. The latter are obligatory condition for the implementation of the Common transit convention. It is determined that the final formation of the legal framework, active testing of the New Computerized Transit System (NCTS) at the national and later at the international level, will allow Ukraine to fully integrate into this customs transit system, and therefore use all its benefits (in particular, the basic principle: one vehicle — one customs document — one customs guarantee).","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114162169","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}
引用次数: 2
Legal Status and Functions of the Prosecutor’s Office: European Experience 检察官办公室的法律地位和职能:欧洲经验
University Scientific Notes Pub Date : 2021-12-30 DOI: 10.37491/unz.84.2
V. Nalutsyshyn
{"title":"Legal Status and Functions of the Prosecutor’s Office: European Experience","authors":"V. Nalutsyshyn","doi":"10.37491/unz.84.2","DOIUrl":"https://doi.org/10.37491/unz.84.2","url":null,"abstract":"Comprehensive scientific analysis of the legal status and powers of prosecutors in European countries has been conducted. The position of the prosecutor’s office in the system of the state mechanism of the European countries has been investigated. The main criteria for determining the place of the prosecutor’s office in the system of state bodies have been given. Depending on the position occupied by the prosecutor’s office in the system of state bodies, four groups of states have been distinguished: 1) states where the prosecutor’s office is part of the Ministry of Justice (Austria, Belgium, Denmark, France, Germany, the Netherlands, Poland); 2) states where the prosecutor’s office is included in the judiciary (magistracy) and is in the courts (Bulgaria, Spain, Italy); 3) states where the prosecutor’s office is allocated to a separate system and is accountable to parliament (Slovakia, Hungary); 4) states where the prosecutor’s office as an independent body of the state is absent (England). It is stated that the issues of organization and activity of prosecutor’s offices in European countries are solved at the national level, but taking into account the common standards of functioning of prosecutor’s offices, which are developed at the international, supranational and regional levels. It is determined that the basic norms concerning the functioning of the prosecutor’s office in European countries are provided mainly in the acts of procedural legislation. It has been found that the prosecutor’s office in European countries has a fairly wide range of powers. They prosecute, monitor the activities of investigating judges and the judicial police, support prosecutions in court, participate in civil cases when the public interest so requires, and exercise many other powers provided by law to regulate the activities of the prosecutor’s office. It is concluded that the principles of objectivity, impartiality and independence of the prosecutor’s office are enshrined and implemented in practice in the legislation of almost all European countries. It is concluded that the general trend of development of the Prosecutor’s Office of Ukraine should be the expansion of its functions, non-interference of the legislative and executive authorities in the substantive activities of the Prosecutor’s Office.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130432811","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}
引用次数: 0
Ensuring the Right of Access to Court during the Consideration of the Case by International Commercial Arbitration 论国际商事仲裁审理案件中诉诸法院的权利保障
University Scientific Notes Pub Date : 2021-12-30 DOI: 10.37491/unz.84.8
S. Kravtsov
{"title":"Ensuring the Right of Access to Court during the Consideration of the Case by International Commercial Arbitration","authors":"S. Kravtsov","doi":"10.37491/unz.84.8","DOIUrl":"https://doi.org/10.37491/unz.84.8","url":null,"abstract":"Apparently, one of the arguments against the application of the ECHR to arbitration is that neither the preparatory materials of the Convention nor the text of the ECHR itself contain a direct reference to arbitration. At the same time, according to one of the principles of interpretation of the Convention, which is stated by the ECtHR in the judgment in Tyrer v. United Kingdom: «The Convention is a living instrument that must be interpreted in the light of modern conditions». Various arbitration-related decisions of the Convention’s review bodies indicate that, as regards the application of the Convention to arbitration, it has also been interpreted as having direct relevance to it. The ECtHR takes into account the changing rules of national and international law and generally provides a broad and autonomous interpretation of the ECHR. This also applies to the Court’s interpretation of the most obvious provision of the ECHR that may be relevant to arbitration, namely Article 6 (1) of the ECHR. This article examines the issue of theoretical and practical interaction between the right of access to court and international commercial arbitration. Examples of decisions of the European Court of Human Rights on the possibility of exercising the right of access to court during the consideration of foreign economic disputes by arbitrators are given. It is argued that national arbitration laws more or less invariably establish procedural rights similar to those provided for in Article 6 (1) of the ECHR. However, it cannot be ruled out that national arbitration laws violate the Convention in some cases. Even assuming that the laws of arbitration in all countries comply with Article 6 (1) of the ECHR, the fact that this provision imposes certain obligations on states in relation to arbitration by virtue of the fact that the Convention can be considered a quasi-constitutional norm.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131579642","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}
引用次数: 0
Formation of the Migration Policy of the European Union and its Relationship with Security Policy 欧盟移民政策的形成及其与安全政策的关系
University Scientific Notes Pub Date : 2021-12-30 DOI: 10.37491/unz.84.12
Yuriy Chaykovskyy, R. Kharytonov
{"title":"Formation of the Migration Policy of the European Union and its Relationship with Security Policy","authors":"Yuriy Chaykovskyy, R. Kharytonov","doi":"10.37491/unz.84.12","DOIUrl":"https://doi.org/10.37491/unz.84.12","url":null,"abstract":"The problem of international migration, especially illegal migration, is a much politicized problem in most EU member states. Countries such as Italy, France or Spain have a strong interest in reducing the influx of illegal workers into national labour markets. This anti-immigration pressure has a profound effect on the EU’s common migration policy. Immigration has become a real challenge for the countries of the European Union. Some member states, unable to cope with the problem of assimilation and integration of their immigrants, have become hostages of populist slogans in the fight against illegal migration and crime. Under the threat of an increase in the number of migrants in the EU, the question of the impossibility of gradual integration is becoming increasingly apparent. Ukraine has declared its membership in the European Union as its normative goal. In the course of strengthening Ukraine’s cooperation with the EU and Ukraine’s integration into the European community, the stability of migration legislation is necessary. Therefore, based on the experience of the European Union, Ukraine must create and implement its own legal norms and principles of the domestic legal system in accordance with the standards and principles of European law. The aim of the article is to present the evolution of European migration management policy. The article shows that migration has been inextricably linked to security issues since the beginning of European integration. However, such policies do not take into account important demographic challenges for the EU economy, especially the problem of population aging. The historical preconditions of the legal regulation of migration processes in the law of the European Union are considered, the analysis of normative documents of the EU law and in this sphere is carried out. It is concluded that the existence of a sufficiently extensive system of protection of migrants’ rights in the EU and determining their status does not guarantee a solution to the problems of such persons. Overcoming migration crises is a matter of joint efforts of the entire international community. Solving the problems of migrants must depend on the coordination of the political will of states.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116470082","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}
引用次数: 1
Exemption from Punishment and its Serving: Material and Procedural Legal Aspects 免除刑罚及其送达:物权法和程序法的两个方面
University Scientific Notes Pub Date : 2021-12-30 DOI: 10.37491/unz.84.19
S. Krushynskyi, T. Nikiforova
{"title":"Exemption from Punishment and its Serving: Material and Procedural Legal Aspects","authors":"S. Krushynskyi, T. Nikiforova","doi":"10.37491/unz.84.19","DOIUrl":"https://doi.org/10.37491/unz.84.19","url":null,"abstract":"The article analyses the institution of exemption from punishment and its serving in the criminal proceedings of Ukraine. The authors emphasize the interdisciplinary nature of this institute, which is a structural element of criminal, criminal executive and criminal procedural law. Taking this into account, according to the authors, it is necessary to harmonize the norms of the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and the Criminal Executive Code of Ukraine, which are components of this specified legal institute. It is pointed out the confusion in the terminology in the criminal law norms, which causes the lack of unity of judicial practice and various wordings in the final part of guilty verdicts. The judicial practice of application of various types of exemption from punishment and its serving are analysed. Examples of court decisions which testify to the unequal application of criminal law norms regulating exemption from punishment and its serving are given. The contradictions of certain criminal law norms, for example, articles 85 and 86 of the Criminal Code of Ukraine, are emphasized. The authors come to the conclusion that in the case of the application of the law on amnesty or the act of pardon, as well as in the case of a person suffering from a serious illness, should be applied an exemption from serving a sentence, but not an exemption from punishment. It is noted that the fundamental difference in the legal consequences of exemption from punishment and exemption from serving a sentence is the occurrence of a criminal record, because persons convicted by a court verdict without a punishment or with an exemption from punishment are recognized as having no criminal record. Based on the analysis of grounds for exemption from punishment at the stage of passing a guilty verdict and the judicial practice of their application, the opinion about the actual existence of two separate types of guilty verdict (a verdict without punishment and a verdict with exemption from punishment) is expressed. It is emphasized that today the courts pass verdicts without assigning punishment, mainly, only in the case of release from punishment to a minor with the application of coercive measures of an educational nature to him. The own vision of the essence of exemption from punishment and exemption from serving punishment is proposed.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126083858","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}
引用次数: 2
Foreign Relations as an Object of International Law 作为国际法对象的对外关系
University Scientific Notes Pub Date : 2021-12-30 DOI: 10.37491/unz.84.13
Andrii Ivanytskyі
{"title":"Foreign Relations as an Object of International Law","authors":"Andrii Ivanytskyі","doi":"10.37491/unz.84.13","DOIUrl":"https://doi.org/10.37491/unz.84.13","url":null,"abstract":"It is determined that when studying foreign relations as an object of international law, it is necessary to clearly establish its content and scope, as well as to distinguish it from other approximate concepts and terms. The understanding of the concept of «foreign relations» with the terms «foreign relations», «foreign affairs and international relations», as well as «the sphere of foreign relations» and «foreign affairs» is distinguished. Attention is paid to terminological and semantic differences between the concepts of «foreign relations» and «international relations». It is proved that international relations are defined as a systemic set of political, economic, social, diplomatic, legal, military and humanitarian ties and relations. These relations are between the main actors of the world community, which include peoples, states, social and public forces, movements and organizations. The opinion is substantiated that the concept of «foreign relations» is defined as part of the general system between state relations and international activities of each state, covering official, supported by special state bodies mainly political ties and relations between states and other subjects of international law in order to carry out their external functions by peaceful means in accordance with the basic principles of international law. It is established that the sources of regulation of foreign relations are numerous international agreements, both bilateral and multilateral. It is stated that foreign relations are regulated activities of the state on a coordinated, democratic basis in the field of official relations and relations, which is established and maintained by the entire system of foreign relations of each state to achieve their foreign policy goals by peaceful means provided by international law. Also, foreign relations are characterized by the following features: first, it is the official nature of the state’s activities in international affairs; secondly, the activity is carried out exclusively by authorized bodies; thirdly, in all cases, foreign relations must be carried out exclusively by peaceful means within the framework of international law. It is established that foreign relations as an object of international law can be defined as the activities of states, international organizations and other subjects of international law on a coherent, democratic basis in the field of official relations and relations, which is established and maintained by the system of foreign relations of such relations, in order to achieve common foreign policy goals by peaceful means provided for by international law, that is a manifestation of the realization by such subjects of their rights within the framework of international legal relations.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132411062","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}
引用次数: 0
Social Contradictions in the Ukrainian Cossack State and the Socio-Economic Policy of the Hetman’s Government of the Ruins Era 乌克兰哥萨克国家的社会矛盾与废墟时代酋长政府的社会经济政策
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.82.6
Nadiia Stenhach
{"title":"Social Contradictions in the Ukrainian Cossack State and the Socio-Economic Policy of the Hetman’s Government of the Ruins Era","authors":"Nadiia Stenhach","doi":"10.37491/unz.82.6","DOIUrl":"https://doi.org/10.37491/unz.82.6","url":null,"abstract":"In the middle of the XVII century and during the liberation struggle, Hetman Bohdan Khmelnytskyi carried out important changes in the political system and social structure of Ukrainian society. Conditions were created for the development of the productive forces and the emergence of bourgeois relations. However, Hetman Ivan Vyhovskyi radically changed the direction of social policy, which led to the beginning of the civil war in the Cossack state. In his article, the author finds out that, despite the aggravation of the socio-political situation in Cossack Ukraine, the hetman’s government in the late 50’s — early 60’s of the XVII century tried to pursue a balanced domestic political activity. In particular, Yuri Khmelnytskyi abandoned the course taken by Ivan Vyhovskyi to renew the pre-revolutionary model of socio-economic relations and continued the main directions of his father’s policy. Hetman provided land to monasteries, but restrained the growth of land ownership of the nobility and Cossack officers. The peasants retained the property won at the beginning of the National Revolution: the right to inherit land, personal freedom and the right to join the Cossack class. The feudal class continued to seek out the peasantry mainly through the state apparatus. The government supported the development of trade and fishing; regulated conflicts between certain classes of society (sergeants and burghers, sergeants and clergy, etc.). Trying to prevent a social explosion, Yuri Khmelnytskyi, contrary to the decision of the Warsaw Sejm in 1661, ordered the removal of the gentry and the Polish administration from the estates. However, despite these measures, the socio-economic situation continued to deteriorate. In Right-Bank Ukraine, the population suffered from the presence of soldiers and Tatar hordes, which plundered and ravaged towns and villages, and the influx of gentry in a hurry to occupy their estates. Social tensions increased after the Sejm in 1662 banned Cossacks from living in noble and royal lands in the Kiev and Bratslav provinces and forced Cossacks, burghers and peasants to perform feudal serfdom. On the Left Bank, social contradictions, in addition to the arbitrariness of the Russian voivodes, also had internal causes: the intensification of the exploitation of peasants, burghers and ordinary Cossacks by Cossack officers; education among the foremen of several groups fighting each other and using demagogic slogans to attract the lower classes to their side. All this together complicated the political situation of the Cossack state and weakened the government’s strength in the struggle to preserve territorial integrity, which ultimately led to its split into two hetmanates and loss of independence.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124258539","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}
引用次数: 0
Social Partnership in Labour Regulation 劳工条例中的社会伙伴关系
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.82.8
I. Kravets
{"title":"Social Partnership in Labour Regulation","authors":"I. Kravets","doi":"10.37491/unz.82.8","DOIUrl":"https://doi.org/10.37491/unz.82.8","url":null,"abstract":"The article reveals the importance of social partnership as a special type of social relations in a market economy, when inevitably arise and exacerbate problems of employment, unemployment, wages, income. It is emphasized that the social partnership plays a special role in regulating employment as the most important component of a socially oriented economy, which ensures the formation and use of labour potential, human capital development and its direct impact on the progressive economy and society. It is noted that social partnership in the field of employment involves the organization of partnership social interaction, ensuring constant dialogue between the parties in the field of labour relations to reach agreement on employment, providing unemployed with jobs, introducing new modern forms of employment, creating decent working conditions based on mutually beneficial agreements and their implementation at the micro, meso and macro levels of management of these processes. It is noted that the restrictions caused by the global spread of coronavirus disease through the introduction of quarantine measures have significantly affected the change in employment in the direction of reducing it, reducing income, living standards and quality of life, the spread of shadow employment without adequate social protection. It is determined that one of the leading problems that needs to be solved is the reform of the social partnership system. Cooperation of social partners on introduction of flexible forms of employment, development of vocational education, strengthening of social protection of workers as a tool for transition of workers to the formal employment sector, empowerment to combine work and family life, etc. will help increase the efficiency of labour market regulation in modern conditions. Implementation of employment policy in modern conditions will be facilitated by the introduction and development of joint social responsibility of partners in the social and labour sphere with a clear definition of various forms of responsibility for non-compliance with the agreements reached.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122531897","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}
引用次数: 0
Prerequisites for the Emergence of Procedural Legal Relations on the Recognition of Inheritance as Fictitious 承认继承为虚拟财产的程序法律关系产生的前提
University Scientific Notes Pub Date : 2021-10-30 DOI: 10.37491/unz.83.4
Nadiia BONDARENKO-ZELINSKA, Maryna Boryslavska, O. Trach
{"title":"Prerequisites for the Emergence of Procedural Legal Relations on the Recognition of Inheritance as Fictitious","authors":"Nadiia BONDARENKO-ZELINSKA, Maryna Boryslavska, O. Trach","doi":"10.37491/unz.83.4","DOIUrl":"https://doi.org/10.37491/unz.83.4","url":null,"abstract":"The purpose of the article is to study the prerequisites for the emergence of civil procedural legal relations in cases of recognition of heritage as fictitious and to develop recommendations for improving their legal regulation. For the emergence of procedural legal relations regarding the acquisition by property of the status of a fancy inheritance, along with the subject of the right to appeal to the court, it is necessary to have a number of legal facts, in particular: the discovery of the inheritance, the presence of the inheritance and the absence of the fact of its inheritance. The imperfection of the current procedure for determining the moment of discovery of inheritance, which coincides with the day of the onset of the corresponding event (primarily death) is justified. It has been established that in some cases not only the day of the death of the person, but also the hour and minute of such an event is important. In hereditary cases, the accuracy of determining the hour and minute of death primarily depends on the amount of hereditary property, which can ultimately be recognized as fictitious. It is proposed to amend the Civil Code of Ukraine on the possibility of calculating terms in civil legal relations by hours and minutes. It has been established that the presence of inheritance is another prerequisite for the emergence of procedural legal relations regarding the recognition of it as fictitious. Particular attention is paid to the study of individual rights and obligations, as well as the question of which of them may be part of the inheritance. Attention is focused on the imperfection of the legal regulation of this issue. First of all, this applies to the rights to firearms, medicines, animals, genetic materials of the testator and embryos subjected to cryoprotection, rights from transactions whose subject matter is astronomical objects, etc. The conclusion is based on the idea that if the privatization of housing is underperformed during the life of the testator, if there are conditions for recognition of the inheritance as fictitious, such completion of such privatization is not carried out, since the indicated property is usually already in communal ownership. Proposals have been developed to take measures to identify heirs, it is recommended to make greater use of the possibilities of various registries (in particular, the Unified State Demographic Register). It is recommended that local governments and other applicants in cases of recognition of inheritance as a fictitious right to receive free of charge from the Unified State Demographic Register the information necessary to establish and search for heirs.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123505075","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}
引用次数: 1
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信