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Management of international logistics support of enterprise activity 企业活动的国际物流支持管理
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.5
Oksana Kovalyk, Dmytro Bibik
{"title":"Management of international logistics support of enterprise activity","authors":"Oksana Kovalyk, Dmytro Bibik","doi":"10.37634/efp.2023.12.5","DOIUrl":"https://doi.org/10.37634/efp.2023.12.5","url":null,"abstract":"Introduction. The paper deals with the management of international logistics support of the enterprise. The paper examines key aspects of this process, including task setting, implementation stages, and participants in these complex logistics processes. The impact of globalization on international logistics operations was analyzed, as well as the specifics of international logistics, the impact of martial law on logistics. The results of the study can be useful for practicing managers who conduct business in an international context, as well as for scientists and students interested in a deep understanding of modern trends and challenges in the field of international logistics management.\u0000The purpose of the paper is to determinate the features of management of international logistics support of the enterprise.\u0000Results. In the modern globalized business environment, where companies operate in international markets, the management of international logistics becomes a determining factor for achieving a competitive advantage. International logistics activities are carried out in a very dynamic environment, so the state of the logistics system must be constantly monitored, analyzed and evaluated. The goal of improving the company's international logistics support is to increase the efficiency of logistics processes and improve the company's image on the market. International logistics support of the company's activities includes a set of measures and strategies aimed at organizing and optimizing the supply chain, warehouse and transport operations, inventory and infrastructure management, which allows to ensure the necessary quality of customer service and reduce costs. This paper is intended to reveal the key aspects of the management of international logistics support of the enterprise, including the setting of tasks, stages of implementation and participants of these complex logistics processes.\u0000Conclusion. International logistics differs from domestic logistics management due to unique challenges, such as choosing optimal international routes, customs procedures, managing currency risks and dealing with different cultural, linguistic and geographical factors. The specificity of international logistics arises as a result of the peculiarities of freight transportation, crossing borders, customs procedures and the diversity of transport systems. The main tasks of managing international logistics support, which are defined in the paper, include improving quality, eliminating dependence on one supplier, controlling international standards, protecting the stability of supplies, identifying risks and accounting for logistics costs.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"101 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965170","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
Mechanical engineering as a strategic industry in Ukraine: problems, solution strategies 机械工程作为乌克兰的战略产业:问题、解决策略
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.4
Irina Yepifanova
{"title":"Mechanical engineering as a strategic industry in Ukraine: problems, solution strategies","authors":"Irina Yepifanova","doi":"10.37634/efp.2023.12.4","DOIUrl":"https://doi.org/10.37634/efp.2023.12.4","url":null,"abstract":"The Ukrainian mechanical engineering sector is confronted with a multitude of formidable challenges that have placed its sustained growth and development in jeopardy. The industry had to function during martial law, a geopolitical crisis that cast a shadow of uncertainty over the entire region. Internally, the industry has faced longstanding issues that demand resolution. Inadequate investments have hindered the sector's ability to modernize and compete on a global scale. Technological deficits, reflective of a lack of state-of-the-art infrastructure and innovation, have further stymied progress. This dearth of technological advancement has led to low levels of innovation, rendering the sector less competitive on the international stage. The overarching purpose of this research is to delve into these multifaceted challenges and opportunities that define Ukraine's mechanical engineering sector. The results of this study highlight the positive impact of implementing economic measures such as lending programs and incentives on the competitiveness of the mechanical engineering sector. Furthermore, the results underscore the significance of going beyond mere formal production localization. The focus should instead be on enhancing the technical quality and innovation of products to remain globally competitive. In conclusion, addressing the manifold challenges confronting Ukrainian mechanical engineering necessitates a holistic and multi-pronged approach. The industry must actively pursue the implementation of a robust protectionist policy to shield and support its growth. Prioritizing innovation and modernization is another key component. Encouraging import substitution and expanding the export of engineering products are critical to ensure resilience and growth. Emphasizing the improvement of product quality and fostering innovation should be the linchpin of any localization strategy. By rigorously addressing these challenges, Ukraine's mechanical engineering industry can enhance its competitiveness, and chart a course toward sustainable growth. and development.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"64 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174049","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
Problems of financing small businesses in Ukraine 乌克兰小企业融资问题
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.20
I. Yasinovska, Olesia Prystupchuk
{"title":"Problems of financing small businesses in Ukraine","authors":"I. Yasinovska, Olesia Prystupchuk","doi":"10.37634/efp.2023.12.20","DOIUrl":"https://doi.org/10.37634/efp.2023.12.20","url":null,"abstract":"Introduction. The development of small entrepreneurship is a very important factor for the entire economy of the country, therefore the state plays an important role in stimulating its development. State support for small businesses involves the provision of various subsidies, loans, the creation of national funds, the provision of tax discounts and benefits, the use of foreign aid, and support for the development of the insurance market. In the conditions of the financial and economic crisis, and later in the conditions of the war in Ukraine, the business environment significantly deteriorated, and the development of small businesses slowed down. The purpose of the paper is to study the problems of financing small business entities in Ukraine and develop separate recommendations for their solution. Results. As a result of the conducted research, the role and peculiarities of functioning of small business in Ukraine were analyzed. The share of small business entities among active business entities in Ukraine in the period 2017-2021 was determined. It has been studied that the main number of small business entities in types of economic activity is occupied by wholesale and retail trade. A comparative analysis of indicators of small business development was carried out, namely a parallel between the number of small enterprises and FOP per 10,000 population. The dynamics of the indicators of the liability structure of small business entities in the period 2017-2021 were analyzed, with the help of which the relative indicators of the financial stability of small businesses were calculated. Conclusion. As a conclusion, the criteria that suspend the development of small business in modern conditions are determined.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"24 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139172936","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
Behavioral aspects of accounting and auditing 会计和审计的行为方面
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.21
Anna Tumanian
{"title":"Behavioral aspects of accounting and auditing","authors":"Anna Tumanian","doi":"10.37634/efp.2023.12.21","DOIUrl":"https://doi.org/10.37634/efp.2023.12.21","url":null,"abstract":"Over the past 50 years, in the research of foreign scientists the issues of accounting and auditing are being considered through the theory of behavioral accounting. On the other hand, in the studies of Ukrainian scientists the behavioral accounting in accounting and auditing almost was not considered. The main meaning of the theory of behavioral accounting is not to consider the accounting and auditing exclusively in numbers, but to consider that accountants and auditors are people with a specific profession who behave according to their feelings and thoughts. It is customary to consider the concept of behavioral accounting according to the following topics: the influence of accounting information on behavior, management control, audit, ethics. The way the information is perceived and applied has an important influence on people's behavior and management decision-making. The financial and non-financial information used for decision-making is considered. The financial information plays a key role in structured decision-making problems, while non-financial information is considered more useful for problems of unstructured decision-making, such as identifying new business opportunities. For its part, two characteristic styles of information's application are distinguished: diagnostic and interactive. In the application of the diagnostic style the senior managers pay attention to the achievement of planned results, while managers who lead an interactive style practice continuous exchange of information between members of the organization. In the article it is also considered the behavioral aspects of planning, including financial, management and control. The results of employees' work can be assessed on the basis of financial indicators or on the basis of non-financial information. Both approaches have their advantages and disadvantages. In the 1990's, the system of balanced indicators became widespread to assess all aspects of management activity, which applies both financial and non-financial indicators with an emphasis on non-financial indicators. Such a system has four measurement categories, including financial, customers, internal business processes, and employee's study and growth prospects. The theory of behavioral accounting is widely used in audit research. The following publications will consider the behavioral aspects of auditing in the context of: auditor independence, auditor professional judgment and professional skepticism, fraud in financial statements.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"110 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174922","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
Influence of personal income tax on budget income formation of Ukraine 个人所得税对乌克兰预算收入形成的影响
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.9
Svitlana Lohvinovska, T. Kyriazova
{"title":"Influence of personal income tax on budget income formation of Ukraine","authors":"Svitlana Lohvinovska, T. Kyriazova","doi":"10.37634/efp.2023.12.9","DOIUrl":"https://doi.org/10.37634/efp.2023.12.9","url":null,"abstract":"The paper defines the characteristics of population income taxation as the main component of tax revenues of the budget. The impact and fiscal significance of the personal income tax in the structure of tax revenues of the budgets of Ukraine is substantiated. When writing the paper, the method of comparison, synthesis, analysis, tabular and graphical presentation of research results was used, analyzing the dynamics of personal income tax receipts for 2018-2022. The necessity of today's realities regarding the creation of conditions in the tax system for the development of the country's economy and the formation of a stable budget is stated at the current stage. Taxes are an important part of the economic system and affect the formation of the revenue part of the state budget. During the analysis, the impact of the personal income tax on tax revenues to the state budget was revealed. It is outlined that usually indirect taxes prevail in the formation of the revenue part of the state's financial plan, because evasion of their payment is almost impossible. And in modern conditions, when Ukraine needs to restore territories, enterprises, it is the tax system that needs to create conditions for the development of the country's economy and the formation of a stable budget. Changes to the Tax Code and the loss of economic potential in some territories due to the closure or complete destruction of enterprises, the reduction of working personnel led to a decrease in tax revenues. In recent years, the contribution of personal income tax to the state budget has been - 21%; to regional budgets – 15%; to the budgets of territorial communities - 64%, which gives territorial communities the opportunity to increase their own financial resources. In order to achieve this goal, it is necessary to carry out a comprehensive reform of the tax system aimed at increasing the fiscal role of direct taxes by reducing the tax burden on business and the population, increasing the efficiency of tax collection, reducing the level of corruption and supporting small and medium-sized enterprises. And the proposed results of the research will help territorial communities to form their own incomes at the expense of income tax on the incomes of individuals and to perform the functions assigned to them.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"20 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139173099","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
Investment project management paradigm: budgeting challenges 投资项目管理范例:预算编制挑战
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.13
Nina Dovhopol, N. Ihumentseva, O. Peresada, Vadym Krasnoshchok
{"title":"Investment project management paradigm: budgeting challenges","authors":"Nina Dovhopol, N. Ihumentseva, O. Peresada, Vadym Krasnoshchok","doi":"10.37634/efp.2023.12.13","DOIUrl":"https://doi.org/10.37634/efp.2023.12.13","url":null,"abstract":"Introduction. The paper discusses methods of investment capital budget management, which adapts budget management practices and increases synergy with project management, adjusting the allocation of resources in accordance with the constraints and operational risks of business processes. Businesses regularly use project management to achieve unique results with limited resources under critical time constraints. In the service sector of the economy (in particular, trade), the use of project management to achieve organizational goals is even more common. The purpose of the paper is the application of the budgeting system in the management of the investment project. Results. As a result, it encourages flexibility in dealing with contingencies, focus on a strategic perspective, speed of budget management, cost-effective budgeting, added value to the enterprise and encouragement of collaboration. Thus, constraints can be operational or managerial, related to organizational politics and culture. To identify constraints in an organization, you must understand how the organization works as a system. In the business sphere, the functioning of the company is a vision of business processes. Business processes are sets of activities that create results (products and services) whose value is perceived by interest groups (stakeholders). The impact of deterministic decisions in the short term on the overall result of the organization decreases. However, budget management methods do not represent a probabilistic approach, as seen in the proposal of the critical path method as a means of improving project management in a volatile business environment. Conclusion. It is recommended that each capital investment of the organization be structured in the form of projects, and the method of rewarding managers should also reward those who achieve goals with minimal use of investment resources. If possible, the manager should strive to evenly return resources to investment capital. Finally, it is suggested for future research to identify other business practices that can benefit from this paradigm shift.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"111 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139173724","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
Management of the intellectual capital of the enterprise in times of great changes 大变革时代的企业智力资本管理
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.15
Y. Kovtunenko, Iryna Bochevar
{"title":"Management of the intellectual capital of the enterprise in times of great changes","authors":"Y. Kovtunenko, Iryna Bochevar","doi":"10.37634/efp.2023.12.15","DOIUrl":"https://doi.org/10.37634/efp.2023.12.15","url":null,"abstract":"Intellectual capital is an important element of forming the competitiveness of economic systems at all levels of management. Intellectual capital is a concept that indicates the importance of knowledge, intellectual resources and skills to achieve success in various phenomena. This includes all intangible assets that are delivered to organizations or individuals. The paper shows that the correct management of intellectual capital allows to improve technical and economic results and to compete decently in a certain segment of the market in unstable conditions. Management of intellectual capital of enterprises is reduced to effective management of data, information and intellectual tasks of the organization. This includes creating, using, protecting and maximizing the value of intellectual assets such as patents, brands, know-how, technology and of course human capital. Stimulating the creative potential of employees, active use of information and analytics for decision-making, as well as effective management of the situation within the organization helps to create a sustainable competitive advantage and promote innovation. The use of special knowledge and practical skills, the use of scientific discoveries has a positive effect on the expansion of innovative developments within the enterprise and increases the overall level of competitiveness. The concept of \"intellectual capital\" is considered as the acquisition of new knowledge, skills and experience that ensure the economic sustainability of the enterprise. On the basis of the studied material, management principles are highlighted regarding the movement of intellectual capital and its components during the economic instability of the functioning of enterprises. The priority directions for improving the intellectual capital management of the enterprise in conditions of strategic changes are formulated.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"98 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174498","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
Financing of the agricultural industrial complex of Ukraine: problems and prospects 乌克兰农业综合体的融资:问题与前景
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.19
Ye. Kryvokhyzha, Oksana Levchenko, Halyna Berliak
{"title":"Financing of the agricultural industrial complex of Ukraine: problems and prospects","authors":"Ye. Kryvokhyzha, Oksana Levchenko, Halyna Berliak","doi":"10.37634/efp.2023.12.19","DOIUrl":"https://doi.org/10.37634/efp.2023.12.19","url":null,"abstract":"The paper is devoted to the analysis of the financing of the agro-industrial complex of Ukraine, the identification of problems and prospects of this process. During the research, methods of a scientific and empirical nature were used the collection and comparison of information, as well as complex analytical methods, which include synthesis and generalization. The informative basis of the paper is the scientific works of domestic and foreign scientists who consider the issue of financing the agro-industrial complex and the problems associated with its development. The paper noted that Ukraine with its fertile land has great potential for the growth of this sector of the economy. However, the unconscious and inefficient use of natural resources, as well as internal and external economic challenges put it at risk. Factors that hold back the development of this industry include insufficient financing, lack of available credit, low level of investment, bureaucratic obstacles, corruption and instability, infrastructure problems. The experience of foreign countries can be useful for Ukraine in the field of state support of the agro-industrial complex. The conclusion emphasizes that financing the development of the domestic agricultural sector is an urgent problem that requires a comprehensive approach. To ensure the sustainable development of the industry, it is necessary to increase state support, expand lending programs on favorable terms, support scientific research and development of agricultural technologies. Tax incentives for agricultural producers and the development of processing of agricultural products can contribute to an increase in added value and the number of jobs. Strengthening the financial stability of the sector and increasing the export potential of products with high added value can have a positive effect on the country's economy and ensure the sustainable growth of agriculture. A close relationship between state institutions, enterprises and scientific institutions is necessary for the successful implementation of these measures.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"66 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176185","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
The budgets development of international projects in the context of improving the efficiency of foreign economic activities 在提高对外经济活动效率的背景下编制国际项目预算
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.16
Sofiia Svidryk, Yu. V. Oherchuk
{"title":"The budgets development of international projects in the context of improving the efficiency of foreign economic activities","authors":"Sofiia Svidryk, Yu. V. Oherchuk","doi":"10.37634/efp.2023.12.16","DOIUrl":"https://doi.org/10.37634/efp.2023.12.16","url":null,"abstract":"Introduction. Effective management of international projects in modern conditions of globalization and ever-increasing competition is becoming an important success factor for many enterprises, requiring, at the same time, large intellectual, resource, and financial costs. One of the key elements of successful project implementation is a properly formed budget, which determines financial resources and costs necessary to achieve the set goals. However, despite the fact that budgeting, the result of which is the formation of the budget, is not a new practice of domestic organizations, difficulties and problems still arise in its implementation.\u0000The purpose of the paper is to identify the problems of the budget development of international projects by domestic enterprises in the context of increasing the efficiency of foreign economic activity and to develop recommendations for their solution.\u0000Results. The budget is the result of budgeting, which is an integrated management technology that is directly implemented at the first stage of the management process and forms the basis for its implementation. In the process of developing the budgets of international projects, a detailed analysis of the effectiveness of the use of financial resources, formed sources after the completion of the project and the ineffective use of information in the field of risks is often not carried out, which often leads to an increase in the expenditure part over the revenues in the budgets of international projects. In order to ensure optimal use of resources, improve the budgeting process and make better management decisions, the management staff of domestic enterprises is recommended to implement post-project analysis as the last stage of developing international project budgets. It is a post-completion evaluation of the project, analyzing actual and projected budgets for time, cost, and quality. And also to include the stage of risk management in the process of developing the budgets of international projects. This phase will involve justifying resource allocation decisions and carrying out an assessment of the cost of the measures to be taken to minimize, accept, eliminate or transfer risks.\u0000Conclusion. In conditions of uncertainty, recommendations for domestic enterprises to carry out post-project analysis to obtain information about existing advantages and disadvantages in the formed preliminary budgets and the introduction of a risk management stage in the development of the budget at all stages of the implementation of an international project will allow domestic companies to be more efficient in the implementation of foreign economic activities and to use your finances rationally.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":" 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994910","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
Practice of the European Court of Human Rights regarding violations of the right to protection 欧洲人权法院在侵犯受保护权方面的做法
Economics. Finances. Law Pub Date : 2023-12-18 DOI: 10.37634/efp.2023.12.17
Anton Sobchuk
{"title":"Practice of the European Court of Human Rights regarding violations of the right to protection","authors":"Anton Sobchuk","doi":"10.37634/efp.2023.12.17","DOIUrl":"https://doi.org/10.37634/efp.2023.12.17","url":null,"abstract":"It is noted that in order to establish the content of the right to defense, it is necessary to study the interpretation of the right to defense in the practice of national courts. The list of the main circumstances that were considered by the European Court of Human Rights in the decisions against Ukraine in the context of the violation of the right to defense was determined. The inexhaustibility of the circumstances that may constitute a violation of the right to defense, which are the result of judicial discretion, is emphasized; judicial discretion refers to the judge's power to make decisions based on his individual judgment, guided by principles of justice and law. It was determined that the consequences of judicial discretion are determined by its compliance with the requirements of the law, motivation, justice and objectivity. According to the results of the study of the decisions of national courts - resolutions of the CCS of the Supreme Court, it was established that the CCS of the Supreme Court gave an assessment as a violation of the right to defense in the following cases: conducting an investigative action; consideration of the case in the appellate procedure in the absence of the convicted person, who was a minor at the time of the crime, and his lawyer; failure to ensure the participation of a defense attorney at all stages of court proceedings against a person convicted of committing particularly serious crimes, including during the review of court decisions based on newly discovered circumstances; consideration in the court of appeals of the prosecutor's appeal, in which the question is raised about the deterioration of the condition of the convicted person, in the absence of the latter, or in the absence of the defendant who is in custody, as well as his defender, who had not previously participated in this criminal proceeding; the trial in the appeals court was started without finding out whether the convicted person and his defense attorney were properly notified of the date and time of the hearing, holding a hearing in the appeals court without the participation of the defense attorney who was not properly notified of the hearing, including in in those cases when the court unreasonably ignores the request of the defense party to postpone the court session; holding a trial in a court of first instance or appellate instance with the participation of a person who, due to mental disabilities, is unable to fully exercise his rights, in the absence of a defense attorney, or the absence of verification of the need to ensure the mandatory participation of a defense attorney in criminal proceedings against persons who, due to mental or physical disabilities defects are not able to fully realize their rights.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139173869","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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