Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav最新文献_第8页

On the Issue of Adoption of the Bill № 5670-d «About State Language» in the First Reading: Problem Aspects 关于在一读中通过第5670-d号“关于国家语言”法案的问题:问题方面

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01191101.43

O. Yalova

引用次数: 0

Signs of the Subject of the Provoca tion of Bribery: Some Issues of Qualification and Law Enforcement 贿赂挑衅主体的标志:若干资格与执法问题

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01211192.113

V. Veretiannikov

引用次数: 0

Aspects of Prevention of Offences in the Sphere of Bank Payment Cards’ Usage when Making Contactless and Internet Payments and their Classification 防止使用银行支付卡进行非接触式及互联网支付的罪行及其分类

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01191134.8

A. Cherniak, A. Prozorov

引用次数: 2

Periodization of the Pocess of Formation of State Policy against Trafficking in Human Beings 打击人口贩运国家政策形成过程的分期分析

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01191134.39

K. Levchenko

{"title":"Periodization of the Pocess of Formation of State Policy against Trafficking in Human Beings","authors":"K. Levchenko","doi":"10.33270/01191134.39","DOIUrl":"https://doi.org/10.33270/01191134.39","url":null,"abstract":"Combating trafficking in human beings is a task and challenge for the Ukrainian state and constitutes a separate direction of the state policy, which undergone serious development connected with changes in the phenomenon of human trafficking (the types and methods of exploitation and recruitment, geographical regions, the socio-demographic characteristics of persons involved in human trafficking etc.). The purpose of the article is to exam the process and stages of the formation of the state policy on combating trafficking in human beings in Ukraine from the mid-1990s to the present, in order to ensure its further effective development and implementation. The methodological basis of the publication is a dialectical approach to the knowledge of social and legal phenomena through historical, legal, comparatively legal and problem-chronological analysis of the formation and implementation of state policies in the field of combating trafficking in human beings, description, classification and systematization of which was carried out using the formal legal method. The above methods, in conjunction with common scientific methods and techniques (scientific abstraction, analysis, synthesis, induction, deduction, grouping, analogy, classification) have allowed to comprehensively and effectively investigate certain problems. The scientific novelty of the article is to distinguish the stages of formation and implementation the state policy combating trafficking in human beings. Conclusions . It is proposed to distinguish the following stages of the formation and implementation of the state policy on combating trafficking in human beings: Third – (1999–2004) – the stage of forming a comprehensive understanding of the problem: from adoption of the first Program for Prevention of Trafficking in Women and Children to the Comprehensive Program for Prevention of Trafficking in Human Beings. Fourth – (2004 – 2009) – the stage of formation of instruments and mechanisms for combating trafficking in human beings. Fifth (2010–2013) – formation of modern legislative and regulatory support for combating trafficking in human beings. Sixth (2014 – to date) – the stage of implementation legislation and active European integration.","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"203 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124560463","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

Criminological Characteristics of the «Professional» Crime: Social-Legal Research “职业”犯罪的犯罪学特征:社会法学研究

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01191101.29

Ye. Barash

引用次数: 1

The Internal Conviction in the Evaluating Evidence in the Constitutional Judicial Process 论宪法司法过程中证据评估的内在信念

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01191101.22

N. Shaptala

{"title":"The Internal Conviction in the Evaluating Evidence in the Constitutional Judicial Process","authors":"N. Shaptala","doi":"10.33270/01191101.22","DOIUrl":"https://doi.org/10.33270/01191101.22","url":null,"abstract":"The purpose of the study is a comprehensive analysis of virtually unexplored issues of the formation of the inner conviction of a judge of the body of constitutional jurisdiction as a subject of proof in the domestic constitutional process. The author focuses particular attention on clarifying the general and distinctive features of the formation of the internal conviction of subjects of proof in foreign bodies of constitutional jurisdiction and judicial bodies of general jurisdiction. It is planned: firstly, to determine the philosophical and legal principles of the procedure for assessing evidence in the domestic constitutional court process, which today are not only poorly investigated, but also legislatively unregulated; the second, to investigate the degree of influence on the formation of the internal conviction of the judge of the constitutional court in the process of assessing the evidence of objective and subjective factors; the third, to determine the differences in the procedure for the judge to pronounce the constitutional authority on the assessment of evidence by a collegial judicial body by way of a vote and in a separate opinion on the basis of internal conviction; the fourth, on the basis of the results of the study, identify ways to further research the problem and justify the need for its legislative settlement. For the solution of the tasks the general scientific methods of cognition were used, in particular analysis, synthesis, deduction, induction, logical, systemic, as well as specific scientific methods of cognition in the field of law – formal-legal, legal-hermeneutical, comparative-legal, as well as a method of analysis of the practice of judicial constitutional control. The empirical basis of the study consists of the works of domestic and foreign lawyers who studied theoretical issues of judicial evidence and evidence, acts of domestic and foreign law, the practice of the Constitutional Court of Ukraine. The scientific novelty of the work is that this is the first domestic comprehensive study of the process of forming the internal conviction of the subjects of evidence in assessing evidence in a constitutional court proceeding. According to the results of the research, the author substantiates that the philosophical and legal principles of the procedure for assessing vidence in the domestic constitutional court proceeding are still left out of the attention of law science and lawmakers. The practice and theory of the constitutional court process shows that the formation of the internal conviction of the judge of the constitutional court on the assessment of evidence has a significant impact on the objective (circumstances and facts that were established during the consideration of the case), and subjective factors (personal traits of character and consciousness: worldview, professionalism, legal awareness and justice). Being a form and a reflection of objective reality, the internal conviction of one judge is not a cr","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125255581","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

National Cyber Strategy of the United States of America: Experience for Ukraine 美国国家网络战略:乌克兰的经验

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01191134.119

V. Shemchuk

引用次数: 42

Concept, Essence and Significance of the Activity of the Units of Knowledge 知识单元活动的概念、本质与意义

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01211192.102

M. Romanov

引用次数: 0

Problematic Issues of Application of Discretionary Powers of the National Bank of Ukraine in Liquidation of Banks 乌克兰国家银行在清算银行中自由裁量权的适用问题

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01201152.103

D. Krasovska

{"title":"Problematic Issues of Application of Discretionary Powers of the National Bank of Ukraine in Liquidation of Banks","authors":"D. Krasovska","doi":"10.33270/01201152.103","DOIUrl":"https://doi.org/10.33270/01201152.103","url":null,"abstract":"The article analyses the concepts of «discretion», «discretionary powers»; the right of the National Bank of Ukraine to perform law enforcement and control – supervisory activities is considered, taking into account the discretion in the right of decisions-making on the basis of professional (motivational) judgment. The purpose of the article is to analyses the concepts of «discretion», «discretionary powers» and their application by the National Bank of Ukraine, as well as to review the current legislation on the possibility of applying discretion in National Bank’s of Ukraine decision-making and, accordingly, identify legislative imperfections regarding banking license cancellation and liquidation of banks. Methodology. While writing the article, methodological tools were used in accordance with the stated goal of the study: scientific methods of system analysis and generalization, a formal logical method (to establish the essence of the concept of discretionary powers), a comparative legal method (to compare the laws of different countries regarding regulator’s decision-making regarding liquidation of banks), a statistical method (for analyses of statistical information on the market for the consumption of bank deposit services among the population), and functional legal method. Scientific novelty of the publication is to comprehend the problem of the broad powers of the National Bank of Ukraine in liquidation of banks, focusing on weak mechanisms for controlling administrative decisions by regulator officials, and the importance of balancing private and public interests when implementing powers. Conclusions. Providing the regulator with the possibility of widespread use of administrative discretion in matters of termination and liquidation of credit institutions is a high risk for the State and for citizens. In the long run for stabilizing of country’s economy it is important to improve staff skills and change the appointment of the heads of the National Bank of Ukraine; creation of mechanisms against improper decisions, as well as real opportunities to appeal and judicially protect against illegal decisions of the regulator; making appropriate changes to banking laws in respect of banks liquidation.","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114830431","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

Electronic Display as a Forensic Object 作为法医对象的电子显示

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 1900-01-01 DOI: 10.33270/01191134.15

Yu. E. Orlov

引用次数: 0