Yearly journal of scientific articles “Pravova derzhava”最新文献

{"title":"Legal nature of the payment account agreement in the civil legislation of Ukraine","authors":"A. Babaskin","doi":"10.33663/1563-3349-2022-33-385-395","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-385-395","url":null,"abstract":"Since the Law of Ukraine «On Payment Services» introduced in 2022, the Law of Ukraine «On Payment Services» is being introduced to the legislation of Ukraine, the state of low normative legal acts of the EU, in the wake of the provisions of the Directive (EU) 2015/2366 in 2015 internal market, that about the introduction of changes to Directives 2002/65 / С, 2009/110 / ЄС and 2013/36 / ЄС and Regulation (ЄС) No. 1093/2010, which skasovy Directive 2007/64 / ЄС. that the pre-emptive provisions of the Law, Chapter 72 of the Central Committee of Ukraine will be supplemented by par. 3 «Payment rakhunok» (Articles 1076.9, 1076.10). I’ll look at the introduction of the meaning of the advancement of civil legislation, as it will be introduced at once from the introduction into the Law.\u0000The aim of the article. On the basis of the analysis of Ukrainian legislation, EU legislation, scientifi c advances in the sphere of civil law and banking legislation, to the standards of Ukrainian legislation, how to regulate the payment agreement. To achieve the goal of setting up the contract: 1. Conduct an analysis of the legal nature of the payment agreement. 2. Viznachiti sp_vvvіdnoshennya agreement of payment rakhunku іf agreement of bank rakhunku. 3. Viznachiti norms according to the agreement of the bank account, as it is subsidized to be fi xed up to the agreement of the payment order.\u0000Results. SOCA those scho power law regulyuvannya klієntskih bankіvskih rahunkіv prisvyachena-valued Quantity NAUKOVO publіkatsіy of Ukrainian іnozemnih avtorіv that, in the same hour okremih doslіdzhen legal regulyuvannya contract platіzhnogo rahunku in ukraїnskіy tsivіlіstichnіy nautsі not conducted through vіdsutnіst in tsivіlnomu zakonodavstvі Ukraine konstruktsії this contract. Appointed, due to the implementation of the legislation of Ukraine, the norms of Directive 2015/2366, will increase the need for such scientifi c advances.\u0000Conclusions. Agreement of a payment rakhunka є by the type of a bank rakhunka agreement, which type of rakhunka shall be accepted as a type of such rid. Instruction of the contract is an agreement on the provision of payment services, which is characterized as follows: wine is consensual, bilateral, can be paid or free of charge. Oskilki, arranging the agreements of the bank’s rakhunka, the parties and passing through the meta (the state of the non-cash transactions, cash transactions too), the agreements of the payment rakhunku should be brought up to the causal rights. As a matter of fact, the agreement can be either stringless or stringless. Uninvolved on those scho h. 1 tbsp. 65 The law will establish depriving the right of non-bank payment of payment services for the approval of payment services, by virtue of Part 3 of Art. 1076.9 of the Central Committee of Ukraine, that part 2 of Art. 1067 of the Central Committee of Ukraine the agreement of a payment rakhunka is close to a public agreement, but in practice we can keep up with the model of the ","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131599574","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}

{"title":"Dispositive principle in civil proceedings: the evolution of views and modern understanding","authors":"Hennadiy Tymchenko","doi":"10.33663/1563-3349-2022-33-396-408","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-396-408","url":null,"abstract":"The research of the historical and legal context of dispositive principle in civil proceedings is given. It is noted that certain elements of dispositiveness originate from the ancient Kyiv Rus litigation process. The strengthening of government, publicity, the long-standing predominance of the investigative model of justice, frequent changes in legislation and its contradictions led to the fact that the ideas of dispositive principle, which express freedom of choice, received the greatest legislative embodiment only in the Civil Procedure Statutes of 1864 and 1895. It was during this period that the domestic science of justice began to take its formulation, which was infl uenced by\u0000Western European procedural schools and traditions. Thus, domestic scholars have developed the doctrine of recognizing dispositiveness as an independent, separate from adversarial, principle of justice. Changes in the state system led to attempts to fi ll the dispositive principle in new content, which could be diff erent from the classical theory of order. This justifi ed and refl ected the dual basis of dispositiveness in the Soviet judiciary that was established in several codifi cations of legislation and which was about the initiative of the parties in combination with the activity of the court, prosecutor’s offi ce and other state and public organizations.\u0000Analysing the legacy of procedural scholars and the approaches proposed today to understand the phenomenon which are considering, it should be noted the growing trend back to pre-revolutionary theory of order. At the same time, there are still some lacks its shortcomings in terms of terminology and content.\u0000The author’s view and the concept of dispositive principle formulated in the article are based on the following features: the ability of interested person to choose diff erent actions, the willpower of the person on whom the origin and movement of the process depend; interest, which is the main factor in choosing behaviour; administrative powers of the parties; restriction of willpower, interest and behaviour if it is necessary.\u0000\u0000Key words: civil proceedings, dispositive principle, administrative rights of the parties, adversarial proceedings, judicial reform.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128625959","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}

{"title":"Concept of Lawmaking Process in the context of the Legal Doctrine","authors":"T. Tarakhonych","doi":"10.33663/1563-3349-2022-33-152-163","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-152-163","url":null,"abstract":"The article emphasizes that the legal doctrine in general and the doctrine of lawmaking in particular have an important place and role both in general theoretical science and in the practical sphere. The research characterizes the key scientifi c approaches to legal doctrine, more attention is focused on the doctrinal understanding of lawmaking and its features. It is noted that the process of forming of the lawmaking doctrine involves the search for new ideas, the nomination of relevant hypotheses, the verifi cation of their truth and reliability by time, the perception of them by the scientifi c community and ensuring the implementation of scientifi c provisions in the practical activities of law-making bodies.\u0000The particular attention is focused on the fact that lawmaking is considered from different sides, namely as: legal category, type of legal activity, objectively stipulated legal phenomenon. From the point of view of the legal category, lawmaking is a component of law formation and is aimed at adoption, changes and cancellation of legal norms. Moreover, lawmaking is characterized as a type of legal activity. It is emphasized that lawmaking as a legal phenomenon occupies an independent place and performs only its inherent role in the system of phenomena of legal reality, various types of legal understanding have a signifi cant infl uence on it, for which certain contradictions are also inherent, it is due to the laws of development of the legal sphere of life of society and the state.\u0000The research underlines that the concept of lawmaking is quite close to law formation, but not identical. Law formation is closely connected with the process of emergence, formation and action of law. Accordingly, law formation is a component of the process of lawmaking and can be carried out by both state bodies and civil society entities.\u0000Another aspect of the analysis of the problem of lawmaking is determined, namely its relationship with rulemaking, which has a social and legal component. In this correlation, lawmaking refers specifi cally to the legal component of law formation. It is emphasized that law-making activity is based on certain principles, ideas that together constitute the principles of lawmaking. They reproduce in a generalized form\u0000the peculiarities of law-making activity, are a criterion for its assessment, a value refl ection of the activities of the right-making subject, can be fi xed both by the norms of law and to be refl ected at the doctrinal level.\u0000In this view, the principles of lawmaking are defi ned as a set of scientifi cally based initial ideas, views, principles, which are the basic basis of the activities of legal entities and can be formalized in the norm of law. The opinion of most scientists is supported, that the principles of lawmaking can be classifi ed into basic and additional ones. The basic principles of lawmaking include and substantiate the principle of democracy, publicity, professionalism, legal legality, huma","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131753911","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}

{"title":"General theoretical basis of legal error research (methodology issues)","authors":"Svetlana Gavrilyuk","doi":"10.33663/1563-3349-2022-33-575-583","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-575-583","url":null,"abstract":"In this article the author highlighted the successful results of theoretical analysis of scientifi c research on the investigation of legal error, analyzed the nature of such a legal phenomenon, identifi ed the main species and aspects to overcome legal errors.\u0000The study revealed the main trends in the concept of legal error, which are embodied in specifi c results, especially the unpredictable consequence of a person’s assessment of certain circumstances (including his actions), which he considered exclusively legitimate, however, which did not turn out to be the case. Our research has shown that error does not arise by itself, it is often the embodiment of misinterpretation, understanding of the content of the rule of law in the minds of the subject, the wrong form of fi xing information in it. Simultaneously, the attitude of legal scholars on the semantic meaning of the concept of «error» in legal science are highlighted, which are quite ambiguous, and often leads to inconsistencies in the conceptual apparatus of modern assumption of law, and require comprehensive research.\u0000Therefore, the disclosure of the content of legal errors, as well as fi nding methods to prevent such errors is one of the most important issues to improve legal practice in general and increase the effi cacy of legislation in particular. Furthermore, this article refl ects the main types of legal errors, and since the issue of modern domestic legal doctrine is poorly understood, special attention is paid to doctrinal legal errors. These errors refl ect the systemic and functional deviations of society and the state, and the legal doctrine in modern conditions is a fundamental basis for the legal development of society and the state. Moreover, we analyzed law-making, law-interpreting and lawenforcement errors.\u0000\u0000Key words: defect, legal consciousness, incorrectness, legal error, doctrine, law enforcement process.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125336370","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}

{"title":"Strategical orientators of the information policy of Ukraine in the conditions of external aggression","authors":"V. Tarasyuk","doi":"10.33663/1563-3349-2022-33-70-82","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-70-82","url":null,"abstract":"National security is not just about the army and professional intelligence services. This is the quality of human capital and the maturity of civil society. Its stability, effi ciency, and cohesion. This is the number of bearers of critical thinking, which allows to identify dangers and counteract provocations.\u0000First of all, we are talking about authoritarian regimes, such as China and Russia, which systematically spend huge sums of money to destabilize the free world. On the other hand, misconceptions about the world governance system, World War II, one’s own history, the war in Donbas, the Holodomor, the Holocaust, or the coronavirus infection always work in the interests of those who seek to subdue and manipulate people. An eff ective mechanism for information expansion is indulgence in the crowd’s low instincts to channel the crowd’s negative energy in the right direction. One of the most powerful engines of Putin’s propaganda, hatred, has been used against Ukraine.\u0000The current Russian propaganda, which replaces diplomacy, «destroys souls» worse than the Soviet one, which, although visually more visible, did not penetrate so deeply into human consciousness. Psychologists point out that the greatest danger of misconceptions lies in people’s sometimes overly sincere belief in their own illusions. They are tightly closed from counter-arguments, are hostile to those with a diff erent vision, and turn into those «useful idiots» who are the easiest to manipulate. People with a mythological consciousness live in a world of simplifi ed reality, where mysticism defeats science, Facebook – competent scientists, and archaism – rational thinking. They are the most prone to conspiracy theories. The bearers of mythological consciousness stubbornly spread messages about the omnipotence of some and the helplessness of others: this corresponds to their picture of the world.\u0000Information security of the state is inextricably linked with the introduction of relevant ideology, culture, values, the formation of public consciousness, where the key role is given to the media, and more precisely to information technology. The latter should be part of public policy to protect all categories of citizens from the negative impact of the digital virtual environment, and above all, children. Media literacy and digital hygiene should become compulsory subjects of the school curriculum (at the level of computer science, programming basics, and classes designed to socialize future voters, taxpayers, responsible citizens); the topic of television and radio programs; the subject of discussion in the columns of the print media; screenplay for documentaries and feature fi lms; reports of public fi gures and government offi cials.\u0000Key words: information policy, information security, civic culture, consolidation of society.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126701187","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}

{"title":"Ukrainian and Moscow law of early modern times: characteristics of the basic foundations","authors":"T. Bondaruk","doi":"10.33663/1563-3349-2022-33-205-215","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-205-215","url":null,"abstract":"Introduction. In the conditions of the acute phase of the Russian-Ukrainian war, the «historical» front acquires special signifi cance. This requires constant focus on all parts of the historical and legal process, which will allow to reproduce as clearly as possible the historical and legal reality of a particular period. The importance of analyzing the general principles of Ukrainian and Moscow law of the early modern period is due to the fact that it was at this time that the basic characteristics of law were established, which have largely not lost their relevance to this day.\u0000The aim of the article the defi nition and analysis in the context of state and political development of the general foundations of Ukrainian and Moscow law, in particular based on the architectural idea of power in early modern times.\u0000Results. At the time of the Lublin Union, the Volyn, Kyiv, and Podil voivodships had «their» right, the core of which was the law of the ancient Russian state. During the Grand Duchy of Lithuania, statutes, land law, German law. As part of the Commonwealth, the decisive infl uence on the legal life of all Ukrainian voivodships is Rusky, Podilsky, Volyn, Kyiv, Podilsky, Chernihiv (since 1634) had a common Commonwealth state and legal matrix, social communicative practices and processes. Thus, among the components of the public-law mechanism of the Commonwealth are the following: election of the king; contractual procedure for registration of relations between the monarch and the political people (nobility) in the form of pacta convent, the principle of nihil novi; equality of rights of all the nobility, regardless of property status; sejm\u0000practice, etc. His important factors were also the «Westernization» of Orthodoxy, the common European educational space, the development of cities and urban law. Against this background, the concept of the Russian / Ukrainian people, who settled in their specifi c lands, is being formed. The state and legal legal development in the territories of Vladimir-Suzdal and Moscow principalities is analyzed and it is stated that at the end of the 16th century. in Muscovy, the concept of autocracy was fully established as the only possible one. At the same time, Moscow society suff ered from Moscow’s piety, caused by state terror and extreme conservatism, which contrasted sharply with the intense theological theorizing of the West, stagnation, and isolation. Attention is drawn to the cultural activities of Ukrainian fi gures (Petro Mohyla, Sylvester Kosiv, etc\u0000Conclusions. The above shows that at the end of the sixteenth – the fi rst half of the seventeenth century. Ukrainian and Moscow law demonstrates diff erent sets of basic principles, which, at the same time, have a stable and lasting character, which gives grounds to speak of them as legal canons. In Moscow, the foundation of such a right-wing canon of power building includes the following elements: the indistinguishability of power and religion, the elevati","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133223279","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}

{"title":"Law and morality: problems of interaction in the context of modern realities","authors":"Sergii Suniehin","doi":"10.33663/1563-3349-2022-33-186-197","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-186-197","url":null,"abstract":"Introduction. The article investigates the conceptual problems of interaction of law and morality in the context of modern value and ideological realities. Expanding the space of freedom in a democratic legal development, the rapid nature of scientific and technological progress, comprehensive informatization of all spheres and spheres of public life, increasing social inequality and other crisis realities of today objectively require clarifi cation and rethinking issues of interaction and interconnection of different social regulators, in particular, law and moral, the rules of which regulate the greatest number of social relations.\u0000The aim of the article. The purpose of this article is to identify the main problems of interaction of law and morality in the context of the socio-cultural realities of today.\u0000Results. In our opinion, problems of interaction of law and morality in modern realities are due to the transformation of understanding of the essence and nature of social norms in general and, in particular, its moral component, which increasingly loses its transcendent, absolute origins, thus becoming more democratic, individualistic, capable of endless meaningful experiments. and the perception of many alternatives. Among the specifi c features of the moral life of modern democratic society in the scientifi c literature are rightly noted such features as moral pluralism, development of professional and corporate codes of ethics (institutionalization of morality), the division of morality by ethnicity, orientation of moral requirements to a certain external standard, which opposes the traditional moral call for unlimited human self-improvement in a Christian or religious context, as well as a utilitarian approach that involves decision-making based on the so-called logic of lesser evil.\u0000In the context of these aspects, it can be argued that not morality as a special socionormative phenomenon converges with law, but its understanding and interpretation within modern discourse is fully consistent with the legal sphere of public life, whose mission is to serve purely utilitarian needs and interests of society and citizens, their material well-being. At the same time, morality as an objective socio-normative\u0000phenomenon that constitutes the highest value-teleological priorities of spiritual improvement of the individual, on the contrary, is increasingly moving away from the content of modern law, which has lost the status of a stable and solid basis for enduring moral values in public life. \u0000The loss of clear criteria for distinguishing between good and evil, morally permissible and inadmissible actions of people, measuring human happiness only by the degree of possession of a person’s material goods, etc., has led not only to the fact that law can solve only some practical problems of local nature, but also to the fact that today the law actually plays the role of one of the important factors of moral regression of society. The latter is manifes","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130534086","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}

{"title":"Newly discovered circumstances as a basis for review of a court decision in the civil process of Ukraine","authors":"Daryna Meniuk","doi":"10.33663/1563-3349-2022-33-466-475","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-466-475","url":null,"abstract":"It is noted that the newly discovered circumstances are perceived mostly as legal facts that existed at the time of the trial and were essential for its proper resolution, but were not and could not be known to the court or interested parties, violated the rights and legitimate interests of individuals or legal entities, and being identifi ed after the entry into force of a court decision, and are grounds for their review in criminal, civil and commercial cases.\u0000However, in contrast to the newly discovered circumstances, which arose or changed only after the court decision and are not related to the claim in this case, and therefore could not be taken into account by the court in the decision, are new circumstances and may be grounds for making a new claim.\u0000It was also noted that the newly discovered circumstances provided for in paragraph 1 of Part 2 of Art. 423 of the Code of civil procedure of Ukraine, as legal facts, should be distinguished from the circumstances that have already been the subject of evidence in the case. At the same time, as these are circumstances that may infl uence a court decision, they must also be proved by a person who refers to such circumstances as a basis for reviewing a court decision that has entered into force. In contrast to this circumstance, the newly discovered circumstances specifi ed in paragraph 2; 3 Part 2 Art. 423 of the Code of civil procedure of Ukraine, are established by a court decision, i.e. are those that do not require proof.\u0000The legislator has determined the following conditions under which the court decision may be reviewed in accordance with paragraph 2 of Part 2 of Art. 423 of the Code of civil procedure of Ukraine: 1) the fact of providing knowingly incorrect expert opinion, knowingly false testimony of a witness, knowingly incorrect translation, falsity of written, material or electronic evidence; 2) the specifi ed facts are established by the sentence or the decision on closing of criminal proceedings and release of the person from criminal liability which, in turn, came into legal force; 3) these facts led to the adoption of an illegal decision in the case under review.\u0000Paragraph 3 Part 2 of Art. 423 of the Code of civil procedure of Ukraine, the newly discovered circumstances include the revocation of a court decision, which became the basis for a court decision to be reviewed. The conditions necessary for the review of a court decision on this ground are: 1) the direct impact of the court decision on another case on the court decision to be reviewed; 2) revocation of such a court decision. It is important in this newly discovered circumstance that there must be a certain material and legal connection between court decisions, so the facts established in one case must be essential for another.\u0000Thus, the newly discovered circumstances were considered as a category of civil procedural law. The newly discovered circumstances, in the current version of the Code of civil procedure of Ukraine,","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123855334","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}

{"title":"Optimization as one of the forms of changes in the system of central executive authorities","authors":"V. Derets","doi":"10.33663/1563-3349-2022-33-373-384","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-373-384","url":null,"abstract":"Introduction. Optimization of the system of central executive authorities, the implementation dates of which are set for 2018-2021, was provided by the order of the Cabinet of Ministers of Ukraine «On approval of the Concept of optimizing the system of central executive authorities» of December 27, 2017 № 1013-r. Previous processes of optimizing the system of central executive authorities took place in 2010 and 2014.\u0000Optimization is one of the forms of changes in the organization and operation of the system of central executive authorities. It has a corresponding purpose, content and features and diff ers from other forms of change («reform», «optimization», «improvement», «modernization», etc.).\u0000These terms should not be equated. However, such identifi cation is not uncommon both in the scientifi c literature and in legal acts and practice of public administration.\u0000The aim of the article. The aim of the article is to deepen the theoretical foundations of the processes of optimizing the system of central executive authorities that took place in 2010, 2014 and optimizing the system of central executive authorities, which has been going on since 2017 and until now.\u0000Results. Optimizing the system of central executive authorities is bringing it to a certain positive level of its functioning. Optimization is the achievement of the maximum allowable value of effi ciency under a stable and high-quality mode of operation of the system. Optimization is a set of measures to increase the effi ciency and eff ectiveness of activities.\u0000The terms «optimization» and «reform» are used interchangeably, as part and whole, or even identifi ed. Although each of them contains its own content.\u0000The key results of the 2010 optimization were the change of the components of the system of central executive authorities and the consolidation of relevant functions for specifi c types of central executive authorities. The optimization of the system of central executive authorities in 2014 was actually reduced to the formation, liquidation and reorganization of a number of central executive authorities, as well as the assignment of additional functions to certain ministries.\u0000Unfortunately, the optimization of the central executive system, which has been going on since 2017, is lagging behind the planned deadlines, in many ministries it is being carried out formally, or it does not meet the goal to be changed. As a result, there is a threat to increase the effi ciency and eff ectiveness of the organization and operation of the system of central executive authorities. Existing terminological inconsistencies and arbitrary choice of form for changes required by the central executive system may be among the reasons for not achieving the expected result of such changes.\u0000As well as the processes of optimization, reform of the system of central executive authorities should be preceded by the preparation of a conceptual document that defi nes their purpose, criteria, content, stages and ","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128560112","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}

{"title":"Legal conclusions of the supreme court in religious context cases: determination of jurisdiction","authors":"M. Shumylo","doi":"10.33663/1563-3349-2022-33-434-445","DOIUrl":"https://doi.org/10.33663/1563-3349-2022-33-434-445","url":null,"abstract":"The religion-related disputes are one of the most diffi cult, as they concern a rather delicate issue of a person’s exercise of freedom of conscience. This category of disputes was not very common in the national courts and the lack of judicial experience in resolving disputes with a religious component has led to contradictory case law. Given the above and taking into account the main task of the Supreme Court aimed at ensuring the unity and sustainability of the judicial practice, the analysis of the rulings of the Supreme Court gets signifi cant importance.\u0000It can be stated that these disputes are of inter-jurisdictional nature and can be considered by both civil and commercial, and administrative courts, depending on the subject of the claim. The Supreme Court also makes a clear distinction between the disputes with a legal element and the disputes that do not have a legal element and should be resolved out of courts. Disputes with a religious component do not belong to only one category of cases and for this reason they can be characterized as intercategorial. The point is that the subjective criterion cannot be applied to the study of these categories, as disputes with a religious component can arise in the areas of labor,\u0000protection of property rights, land, real estate, registration procedures and so on.\u0000Both sings prove the complexity and individuality of each dispute as well as diffi culty of resolving such disputes by the courts of all instances. The Article substantiates the proposal on the need for the National School of Judges of Ukraine to develop the special courses for judges that would improve and deepen knowledge in the context and issues of religion-related disputes.\u0000The author also emphasizes the value of the national experience in resolving such disputes, as it can be useful for the countries that have the similar religious situation or have almost reached it.\u0000\u0000Key words: religion-related disputes, disputes with a religious component, jurisdiction, labor disputes, housing disputes.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"503 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127258063","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}