Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav最新文献

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Collaborationism as an object of criminological research 勾结主义作为犯罪学研究的对象
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2023-02-24 DOI: 10.56215/naia-herald/1.2023.33
O. Dzhuzha, V. Vasylevych, D. Tychyna
{"title":"Collaborationism as an object of criminological research","authors":"O. Dzhuzha, V. Vasylevych, D. Tychyna","doi":"10.56215/naia-herald/1.2023.33","DOIUrl":"https://doi.org/10.56215/naia-herald/1.2023.33","url":null,"abstract":"With the onset of the war initiated by the Russian Federation against Ukraine, collaborationist activity has become a matter of national security for the country. Collaborationist activity, which involves cooperation or assistance to another country or organisation, can have an impact on the national security of a country, including armed or cyber influence, influence on information flows, and citizen safety. The purpose of this study is to identify the dynamics of changes and distinguish collaborationist activity from other types of criminal offences within the context of criminology and criminal law in Ukraine. The research methods used in this study included analysis and synthesis, which were used to identify pertinent issues in society that arise during the process of identifying the criminal activity of collaborators. Methods of historical analysis, specification, and classification are applied. The main methods used in the study were the analysis and synthesis of scientific and theoretical materials and legal norms. Collaborationism in the context of international law is defined. The main acts in the field of international humanitarian law that define the legal status of populations in occupied territories are analysed. Based on key characteristics, various types of criminal activity are identified. The issue of the need to improve criminal law norms, the definition of crime, and the responsibility for collaborationist activity are addressed. The study explored the issue of collaborationism in Ukraine, which emerged as a result of the armed aggression of the Russian Federation. An analysis of the changes made to the Ukrainian Criminal Code regarding the definition of the crime related to collaborationist activity and the responsibility for such actions is conducted. The dynamics of court verdicts over the past year concerning the application of the criminal code provision in real time is summarised. The practical value of this study lies in the fact that identifying current problems and their resolution methods will enhance the effectiveness of law enforcement activities in detecting individuals engaged in collaborationist activity and holding them accountable. This, in turn, will contribute to reducing the level of criminality in this sphere","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132247246","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
Legality of traditional techniques, means and modern technologies of visual surveillance 传统技术、手段与现代视觉监控技术的合法性
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2023-02-13 DOI: 10.56215/naia-herald/1.2023.09
S. Cherniavskyi, A. Vozniuk, M. Hribov
{"title":"Legality of traditional techniques, means and modern technologies of visual surveillance","authors":"S. Cherniavskyi, A. Vozniuk, M. Hribov","doi":"10.56215/naia-herald/1.2023.09","DOIUrl":"https://doi.org/10.56215/naia-herald/1.2023.09","url":null,"abstract":"From the perspective of law enforcement and other professions, covert visual surveillance can be an effective and necessary tool for performing tasks such as investigating crimes, fighting terrorism, and surveillance of suspicious individuals or groups. The relevance of covert visual surveillance depends on the context and situation. The research aims to assess the established techniques and modern methods of covert visual surveillance, as well as the means used to fulfil its tasks from the legal perspective. The study uses comparative legal, historical, and legal, logical, and legal methods, systemic and structural analysis, as well as methods of logic (analysis, synthesis, induction, deduction, analogy, comparison, and generalisation). The identification of specific techniques and means of covert visual surveillance allowed the author to formulate a legal assessment of the use of each of them in different conditions and by different subjects. Based on the results of the research, the author provides a legal description of various types of surveillance, including specific techniques for placing observers in space concerning various objects: movable and immovable; persons, objects, and certain places. The author assesses the legality of the use of technical means used during surveillance, as well as the means of ensuring its secrecy. The conditions for the legitimacy of the use of specific groups of techniques and means for conducting visual surveillance by various subjects are determined. It is argued that the use by private law entities of mobile surveillance techniques for monitoring a person identified by them is unlawful and will indicate the illegal collection of confidential information about them, committed by a group of persons by prior conspiracy. The practical value of the research lies in the possibility of direct use of its results by representatives of law enforcement agencies and other professions to choose acceptable (lawful) methods and means of conducting covert visual surveillance and avoid the use of unacceptable (unlawful) ones","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114128429","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
Methodological principles of development of information and analytical support of law enforcement efficiency 资讯发展的方法原则及执法效率的分析支援
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-12-19 DOI: 10.56215/naia-herald/1.2023.22
V. Zakhozhai, O. Vasyechko
{"title":"Methodological principles of development of information and analytical support of law enforcement efficiency","authors":"V. Zakhozhai, O. Vasyechko","doi":"10.56215/naia-herald/1.2023.22","DOIUrl":"https://doi.org/10.56215/naia-herald/1.2023.22","url":null,"abstract":"The urgent problems related to the deepening socio-economic crisis, numerous challenges in the field of national security, hostilities and occupation of the territory of Ukraine threaten the security of citizens and demonstrate the necessity to revise the key principles of reforming the modern law enforcement system, in particular in the context of its information and analytical support. In this regard, the purpose of the research is to substantiate the system of relevant indicators, rules, techniques and methods that determine the level of a particular structure, unit or system in general, provided that their potential is effectively developed. The methodological tools are based on dialectical, structural and logical methods, a systematic approach, and a statistical method. It is recommended that, based on reliable information support, an analysis of the effectiveness of law enforcement activities should be conducted focusing on further development of proposals for appropriate preventive measures. To implement these approaches, the author highlights the principles of effective law enforcement and proposes to develop a comprehensive monitoring system for tracking and forecasting the dynamics of offences using modern policy instruments, monitoring, control and response. It is proved that the quality of the law enforcement system is conditioned upon the improvement of its efficiency, provided that high results are achieved at the lowest cost of living and embodied labour. The author defines the effect and efficiency of law enforcement activities and based on these indicators, proposes a methodology for factor analysis of the effect, efficiency, and intensity of law enforcement agencies. The practical value of the work lies in the fact that the conclusions presented in it, due to the prescriptive presentation, will allow developing of an optimal model for making managerial decisions on the implementation of specific tasks facing law enforcement agencies and will guarantee a creative approach to the development of algorithms and measures to improve the level of efficiency in this area","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123937053","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
Current state of social security for employees of the National Police of Ukraine: А literature review 乌克兰国家警察雇员的社会保障现状:А文献综述
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-11-08 DOI: 10.56215/0122274.52
A. Kolotik
{"title":"Current state of social security for employees of the National Police of Ukraine: А literature review","authors":"A. Kolotik","doi":"10.56215/0122274.52","DOIUrl":"https://doi.org/10.56215/0122274.52","url":null,"abstract":"The study substantiated the importance and necessity of building an effective social security system for employees of the National Police of Ukraine. The purpose of this study was to provide a meaningful description of the current state of social security of law enforcement officers in Ukraine based on the analysis of scientific opinions of scientists and the norms of current legislation. This study used several general scientific and special methods of scientific cognition, which allowed solving the tasks and fulfilling the purpose of this study. Specifically, these were the logical-semantic method, the method of documentary analysis, analytical, and comparative legal methods. The study analysed the scientific opinions of Ukrainian and foreign scientists who dealt with the problems of social security of the population, namely police officers. It was emphasized that the quality of social security of police officers depends on, firstly, the proper performance of police officers’ official and labour duties, and therefore, the state of ensuring the security of the state and society; secondly, the prestige of the profession of a police officer. General theoretical approaches to the definition of the term “social security” were covered, based on which the author’s opinion on the interpretation of social security for employees of the National Police of Ukraine was formulated. The key elements of social security of police officers in Ukraine were described. Based on the analysis of the norms of the current legislation, the key elements of social security for employees of the National Police of Ukraine were analysed. The authors noted the unsatisfactory state of social security of police officers. Factors that confirm the unsatisfactory state of social security of police officers were highlighted. The results of the present study can be used in the development and adoption of the Labour Code of Ukraine, when improving departmental regulations of the National Police, as well as the Ministry of Internal Affairs of Ukraine, whose norms are aimed at resolving issues of social security for police officers","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125117448","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
Legal basis of confidential cooperation in the National Anti-Corruption Bureau of Ukraine 乌克兰国家反贪局保密合作的法律依据
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-11-06 DOI: 10.56215/0122274.74
V. Kateryniuk
{"title":"Legal basis of confidential cooperation in the National Anti-Corruption Bureau of Ukraine","authors":"V. Kateryniuk","doi":"10.56215/0122274.74","DOIUrl":"https://doi.org/10.56215/0122274.74","url":null,"abstract":"The relevance of this study is conditioned upon the fact that special legislation regulating investigative operations, combating organized crime, ensuring the security of people cooperating with law enforcement agencies, adopted in 1992–1994, does not meet the conditions of modern life (liberalization and digitalization of society; changes in the banking and financial sector; ease of crossing borders, etc.), and the challenges facing the law enforcement system (transnational crime; development of technologies that complicate the technical removal of information; use of cryptocurrencies and quasi-money, etc.). The main disadvantage of this legislation is the lack of regulation of confidential cooperation as the main tool for combating crime. The purpose of this study was to investigate the state of legal support for confidential cooperation using evidence from the activities of the National Anti-Corruption Bureau of Ukraine; to identify gaps, contradictions, and conflicts; to identify ways to improve legislation. General scientific, logical, and general legal methods were used. The paper analysed the state of scientific research on the subject under study, systematized the current legislation of Ukraine, and compared its individual norms. The main study results are that the legal basis of confidential cooperation is considered for the first time as a system of legal norms of an intersectoral legal institution, not limited exclusively to the procedural aspect or scope of application. The present study is the first to investigate the functioning of the institution of confidential cooperation in the National Anti-corruption Bureau of Ukraine. The paper stated that the absence of proper statutory regulation at the level of laws of Ukraine and the lack of systematization of existing norms, which creates risks of abuse, violation of citizens’ rights and freedoms. It was noted that the gaps in the legislation are filled in by departmental regulations of the relevant law enforcement agencies with the appropriate classification of secrecy. The study covered the essence and purpose of confidential cooperation, the legal norms prescribed in various laws, the specifics of their application, the subject of their legal regulation, as well as analysed differences in the legal regulation of cooperation with confidants and whistle-blowers. The practical value of this study lies in the fact that its results can be used by practising lawyers, namely investigators, prosecutors, and barristers, for whom the institution of confidential cooperation is new considering the secret forms and methods of its functioning","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133852891","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
Certain components of the constitutionalization content in the legislative procedure in Ukraine 乌克兰立法程序中宪法化内容的若干组成部分
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-11-04 DOI: 10.56215/0122274.62
Bohdan Drapiatyi
{"title":"Certain components of the constitutionalization content in the legislative procedure in Ukraine","authors":"Bohdan Drapiatyi","doi":"10.56215/0122274.62","DOIUrl":"https://doi.org/10.56215/0122274.62","url":null,"abstract":"The relevance of this study is conditioned upon the need to investigate individual elements of the constitutionalization content in the legislative procedure. The purpose of this study was to develop doctrinal approaches for determining the constitutionalization content in the legislative procedure. This study uses a complex of scientific methods: dialectical, modelling, and correlation, historical legal, comparative legal, formal logical, and other methods. The author’s definition of the term “constitutionalization of the legislative procedure” was formed. It was proved that constitutional legal awareness in the psychological aspect forms the vector of activity of subjects of public relations. This study focuses on the importance of the constitutional legal consciousness and legal culture of the legislator – the only representative body of Ukraine, the most numerous subject of legislative initiative. The study proved that constitutionalization of law-making begins with the understanding that the society, apart from the practical development of various benefits (admittedly, through the statutory regulation of relations from such development), is also developed through the spiritual component, various forms of culture, which contain ideals created by the history of humankind through which the world is cognized. It was noted that the key values receive regulatory consolidation of the highest constitutional level as human and civil rights and freedoms, the foundations of the constitutional system, etc. It was concluded that when the state is in transition, the society faces a crisis of legal regulation, when due to certain reasons, the law partially loses its status as the most effective and universal regulator of social relations. In transitional societies, in extreme cases, the term “law” may begin to be associated with inaction and hopelessness, which may result in a surge of legal nihilism (one of the manifestations of the phenomenon of deformation of legal consciousness, especially the constitutional one)","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133285922","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
Corruption as a threat to human rights and freedoms 腐败是对人权和自由的威胁
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-11-02 DOI: 10.56215/0122274.31
V. Tymoshenko, Serhii Bondar, N. Ivanchuk
{"title":"Corruption as a threat to human rights and freedoms","authors":"V. Tymoshenko, Serhii Bondar, N. Ivanchuk","doi":"10.56215/0122274.31","DOIUrl":"https://doi.org/10.56215/0122274.31","url":null,"abstract":"This paper considered the essence of corruption, its main manifestations in the modern globalized world and its impact on human rights and freedoms. The article stated the relationship and interdependence between the scale of corruption and the possibility of exercising human rights and freedoms. It was noted that corruption hinders the economic development of Ukraine, adversely affects all spheres of public life, and poses a real threat to the state, society, and every person. Presently, under martial law, corruption is just as dangerous as looting. By stealing budget funds, selling spare parts for military equipment to the aggressor country, and even selling humanitarian aid, corrupt officials actually work for the aggressor, which poses a serious threat to life, health, and other human rights and freedoms. This confirms the relevance of this study. The purpose of this study was to establish and characterize the interdependence of corruption and human rights and freedoms, to determine the consequences of the transformation of human rights and freedoms under corruption manifestations and the possibility of their prevention. The methodological framework of this study included dialectical, phenomenological, and synergetic approaches, as well as formal-dogmatic, formal logical, formal legal, systemic, and structural-functional methods. The conclusions state that there is an inversely proportional relationship between corruption and human rights and freedoms: the greater the scale of corruption, the less the ability to realize human rights and freedoms becomes. Violation of rights and freedoms is often a consequence of the activities of corrupt officials. Corruption undermines the credibility of state institutions, seriously obstructs the delivery of justice, the achievement of the rule of law, legal equality, and social justice. The duty to prevent corruption and any other illegal encroachments, and therefore to ensure the possibility of exercising rights and freedoms, is assigned to the state and civil society. The results of the study should contribute not only to curbing corruption, but also to creating conditions for real human and citizen security, which confirms the practical value of this study","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122908134","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
Criminal offences that infringe on the procedure for the execution of court decisions under the legislation of the Republic of Azerbaijan and Ukraine: issues of legislative regulation 违反阿塞拜疆共和国和乌克兰立法规定的法院判决执行程序的刑事犯罪:立法条例问题
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-10-22 DOI: 10.56215/0122274.19
Vusal Ahmadov, Inna Vartyletska
{"title":"Criminal offences that infringe on the procedure for the execution of court decisions under the legislation of the Republic of Azerbaijan and Ukraine: issues of legislative regulation","authors":"Vusal Ahmadov, Inna Vartyletska","doi":"10.56215/0122274.19","DOIUrl":"https://doi.org/10.56215/0122274.19","url":null,"abstract":"The relevance of this study is justified by the need to carry out a comparative legal study of the norms that ensure the protection of the interests of justice in the Republic of Azerbaijan and Ukraine in the field of implementation of judicial prescriptions as an important stage of the justice process as a whole. The purpose of this study was to implement a general description of criminal offences that encroach on the procedure for the execution of court decisions, according to the legislation of the Republic of Azerbaijan and Ukraine, as well as characteristics of those features that allow distinguishing the corresponding encroachments from other offences against justice and combining them into one category. This study employed a set of scientific methods: terminological, system-structural, formal logical, comparative legal. Based on the results of this study, it was established that the formalization of criminal offences, which encroach on the implementation of the principle of inevitability of legal responsibility, and the criminal law enforcement of court decisions in the Republic of Azerbaijan and Ukraine is an ongoing process. The conclusion was substantiated that the criminalization of a fairly wide scope of socially dangerous acts of this category implemented in the current criminal legislation of each of the States is conditioned upon the social need to ensure human rights and public interests in the field of implementing the tasks of justice. The provisions formulated in this paper will contribute to the search for more effective means of criminal law in the law-making and law enforcement of both the Republic of Azerbaijan and Ukraine.","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121897517","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
General theoretical construction of the mechanism for implementing the defence function of the state: methodological characteristics. 国家防御功能实现机制的一般理论建构:方法论特征。
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-10-15 DOI: 10.56215/0122274.09
A. Sakovskyi, Y. Bilozorov
{"title":"General theoretical construction of the mechanism for implementing the defence function of the state: methodological characteristics.","authors":"A. Sakovskyi, Y. Bilozorov","doi":"10.56215/0122274.09","DOIUrl":"https://doi.org/10.56215/0122274.09","url":null,"abstract":"The relevance of the subject under study is conditioned upon the scientific originality and practical significance of the implementation of the defence function of the state in the context of drastic changes in the forms and methods of conducting combat operations in modern wars. At the general theoretical level, the structure of the mechanism for implementing the defence function of the state was analysed and methodological aspects of the correlation of its main elements were highlighted. The purpose of this study was to highlight the methodological characteristics of the concept, essence, and content of the mechanism for implementing the defence function of the state, to determine its place and role in protecting state sovereignty, territorial integrity, and other national interests during the full-scale aggression of the Russian Federation against Ukraine. The methodological toolkit of this study includes a set of research approaches, philosophical, general scientific, and concrete scientific methods that provided substantiated study results regarding the mechanism of implementing the defence function of the state. The theoretical design of this mechanism was analysed, as well as certain aspects of interaction and complementarity of its structural elements were considered. It was found that the model of this mechanism comprises legal (regulatory), institutional (organizational), and functional components. The regulatory element of the mechanism for implementing the defence function of the state covers the principles and norms that ensure the regulation of legal relations in the field of preparation for armed defence and protection in the event of an armed conflict (aggression). It was established that special subjects serve as the basis of the institutional (organizational) element of this mechanism, which, within the limits of their powers, carry out defence activities aimed at preparing for armed defence and protection in the event of an armed conflict (aggression). It was noted that defence activity is a functional component of the mechanism for implementing the defence function, which is implemented by authorized entities in appropriate forms, methods, and makes provision for preparation for armed defence in the event of armed aggression (conflict). The practical value of this study lies is that based on a methodological analysis of the legal literature and regulations of Ukraine on certain aspects of the implementation of the defence function of the state, proposals were formulated to create a realistic strategy for countering the aggressor state, aimed at improving the current legislation in the fields of national security and defence","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124169882","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
Administration of justice in Ukraine as an indicator of modern constitutionalism 乌克兰司法作为现代宪政的一个标志
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-10-06 DOI: 10.56215/0122273.32
B. Kalynovskyi, T. Kulyk
{"title":"Administration of justice in Ukraine as an indicator of modern constitutionalism","authors":"B. Kalynovskyi, T. Kulyk","doi":"10.56215/0122273.32","DOIUrl":"https://doi.org/10.56215/0122273.32","url":null,"abstract":"The relevance of the study of judicial constitutionalism is explained by the public necessity to restore confidence in the Constitutional Court of Ukraine. The necessity of reforming the regulation of the Constitutional Court of Ukraine is relevant to this study. The purpose of the research is to cover the connection and impact of the results of the administration of justice in Ukraine on the overall state of constitutionalism. In the course of exploring the subject of this work, the authors, use the dialectical method of cognition to clarify the essence of the concept of “constitutionalism”, the formal legal method to analyse the sources of constitutional law relating to the administration of justice and develop recommendations for overcoming the identified systemic problems, the logical and legal method to identify the state of compliance by judges and public authorities with the basic principles of the constitutional order of Ukraine, and the analysis of legal practice, identified differences in understanding the legal content of the rule of law principle in the administration of justice, and thus its unequal application, and identified two systemic problems. One of them emerged as a result of the Supreme Court's ambiguous position that a notary cannot be a defendant in cases of illegally committed executive inscriptions, and the other, on the contrary, is due to the ignoring of decisions of the Constitutional Court of Ukraine and the Supreme Court by public authorities empowered to ensure social protection of the population. The proposed research is the result of the analysis of some specific practical aspects - the results of the judicial proceedings in Ukraine, and the identification of systemic problems in judicial practice which affect the assessment of constitutionalism as a constitutional and legal reality. The authors emphasise the necessity of raising legal culture and legal awareness, both in society in general and among lawyers in particular. It is possible if the educational process combines the acquisition of professional and practical competencies with the education of both human and professional qualities. The practical significance of the work is a comprehensive consideration of current issues of the administration of justice in Ukraine from a practical and theoretical standpoint","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"208 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114666037","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
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