Analytical and Comparative Jurisprudence最新文献

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Criminological dimension of law enforcement officers’ activities 执法人员活动的犯罪学层面
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.101
L. Olefir, S. Ivashko
{"title":"Criminological dimension of law enforcement officers’ activities","authors":"L. Olefir, S. Ivashko","doi":"10.24144/2788-6018.2024.02.101","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.101","url":null,"abstract":"The article examines certain aspects of the criminological dimension of law enforcement officers' activities. It is noted that the term \"law enforcement officer” is studied through the system of law enforcement agencies and the circle of their employees; it is based on the analysis of the Criminal Code of Ukraine, decisions of the Constitutional Court of Ukraine and other legal acts. It is substantiated that by the nature of their official powers, law enforcement officers are active participants in criminal legal relations, since they act as authorized officials entrusted with the performance of law enforcement functions. It is this function which is aimed at ensuring law and order, protecting the rights and freedoms of subjects of legal relations from criminal encroachments and is realized through detection, investigation, suppression and prevention of criminal offenses. It is emphasized that participation of law enforcement officers in criminal legal relations as subjects of a criminal offense or victims of a criminal offense is not excluded. It is substantiated that crime among law enforcement officers is particularly dangerous due to a number of factors and may be caused by a number of certain determinants. The authors emphasizes that among the stable trends in criminal offenses committed by law enforcement officers are the following: the level of criminal offenses committed by law enforcement officers corresponds to the general trends in crime, official crimes prevail over general criminal offenses, and the largest number of them are unlawful benefits, abuse of office, abuse of power, torture, etc. \u0000That is why the legislator created a new law enforcement agency, the State Bureau of Investigation, which began its operations in 2018. \u0000Creation of the State Bureau of Investigation as a pre-trial investigation body was a worthy response by the legislator to numerous public criticisms that the prosecution should be deprived of the pre-trial investigation function, and also in line with the experience of many countries, an effective mechanism for the prevention, detection, termination, disclosure and pre-trial investigation of criminal offenses within its jurisdiction in accordance with the requirements of the Criminal Procedure Code of Ukraine. These are criminal offenses committed by senior officials, judges and law enforcement officers. Criminal offenses that are undoubtedly under the jurisdiction of the State Bureau of Investigation include torture (Article 127 of the Criminal Code of Ukraine) committed by law enforcement officers.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"118 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988109","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
Application of statutes of limitations in conditions of martial law 戒严状态下时效法规的适用
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.37
O. Kochyna, V. Kot
{"title":"Application of statutes of limitations in conditions of martial law","authors":"O. Kochyna, V. Kot","doi":"10.24144/2788-6018.2024.02.37","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.37","url":null,"abstract":"The article is dedicated to highlighting the legal issue of applying statutes of limitations in conditions of martial law, which has been in effect in our country since February 24, 2022. The attention was focused on the fact that problematic issues regarding the application of statutes of limitations arose earlier, during the Covid-19 pandemic, when quarantine restrictions were introduced, and the legislature established norms regarding the extension of statutes of limitations. \u0000The authors examined the importance of the existence of the statute of limitations institution in the context of the right to judicial protection. It was determined that the statute of limitations has significant importance for participants in judicial proceedings since for the plaintiff, it serves as a legislatively defined opportunity to seek protection within a certain period to defend their rights and freedoms, while for the defendant, it is a tool for protecting themselves from civil liability by applying statutes of limitations, which is an independent ground for denying the claim. \u0000The issue of suspending the statute of limitations in the context of legislative norms in the Civil Code of Ukraine was also examined. The authors noted that the term \"extension of statutes of limitations” used by the legislature during the quarantine and martial law period is an unsuccessful formulation and in some respects contradicts the norms of legislation. The Civil Code of Ukraine provides that the statute of limitations can be extended by agreement of the parties or suspended in case of certain circumstances. \u0000Additionally, the authors examined the issue of the appropriateness of suspending statutes of limitations during martial law. It was determined that as of January 30, 2024, the statute of limitations established by the Civil Code of Ukraine is fully suspended for the duration of martial law. However, in the authors' opinion, the actions of legislators, which manifested in the mandatory suspension of statutes of limitations, violate the right to judicial protection and place one party in a better position compared to the other. \u0000The authors proposed changing the approach to statutes of limitations by not suspending them but providing the plaintiff with the opportunity, in case the defendant claims the application of statutes of limitations, to present convincing arguments to the court that they missed the specified period for valid reasons, rather than just due to the existence of martial law.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988610","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
Charitable and Volunteer Activities as a Social Practice: Legal, Teleological and Axiological Aspects 作为一种社会实践的慈善和志愿活动:法律、目的论和公理方面
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.92
I. Shopina
{"title":"Charitable and Volunteer Activities as a Social Practice: Legal, Teleological and Axiological Aspects","authors":"I. Shopina","doi":"10.24144/2788-6018.2024.02.92","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.92","url":null,"abstract":"The article determines that charitable organizations are an important participant of social relations in conditions of uncertainty, when forecasting of socio-economic, political and other processes is complicated due to the lack of security guarantees and dominance of risk factors. It is substantiated that the activities of charitable organizations in the State and society are usually closely related to three areas: political, economic and social protection. In the political sphere, charitable activities help to create a positive image of a public figure and gain certain advantages over competitors. In the economic sphere, charity allows manufacturers to expand sales of their products and services by constantly mentioning the name of the business entity and appealing to consumer values. In the area of social protection, charitable assistance allows the state to avoid some of the obligations assumed in legislative acts by shifting some of them to other entities. \u0000The author emphasizes that the dependence of the State's urgent needs in the area of military security on the charitable activity of an indefinite number of persons gives rise to a large number of risks associated with the unpredictability of the amount of charitable donations and their dependence on purely subjective factors. Charitable activity carries a large number of risks for the public administration system, so monitoring its trends is considered one of the tasks of ensuring national security. \u0000Among the advantages achieved through charitable activities is the efficiency of meeting the urgent needs of the state and individuals. Another advantage is the increased consolidation of society and the emergence of common goals for different segments of the population.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1028","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989458","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 importance of constitutional protective norms in the system of principles for the implementation of the right to a safe environment 宪法保护准则在落实安全环境权原则体系中的重要性
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.30
A. M. Savchin
{"title":"The importance of constitutional protective norms in the system of principles for the implementation of the right to a safe environment","authors":"A. M. Savchin","doi":"10.24144/2788-6018.2024.02.30","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.30","url":null,"abstract":"The scientific article analyzes the doctrinal provisions for the classification of constitutional norms. Two main approaches were clarified and preference was given to the one that gives a special place to protective norms in the system of constitutional norms. \u0000The concept of \"environmental protection” has been analyzed, three main approaches have been identified, in which we have singled out the following common features - the systematicity of those protective measures that are applied and the purpose of their use (to contribute to the preservation and restoration of natural resources). The constitutional protective norms contained in the Basic Law of Ukraine, as well as in general and special legislative acts, were analyzed and highlighted. \u0000Among the main protective norms in the field of environmental protection, which are contained in the Law of Ukraine \"On environmental protection”, the following are highlighted: the basis of sustainable development is not only environmental protection, but also rational approaches to the use of natural resources, which must proportionally take into account the tools of protection and prevention negative impacts from business entities, etc.; predicting environmental safety, monitoring compliance with relevant regulations and limits in the field of natural resource use; protective regulations stimulate the introduction of new technological solutions in the process of greening production processes, guaranteeing conditions for the restoration of natural resources, their integrity and diversity; protective regulations must be scientifically based, take into account interdisciplinary and be predictable, etc. \u0000It is substantiated that the list of protective norms-principles defined in Article 3 of the Law \"On environmental protection” needs to be supplemented with such a principle as \"guaranteeing sustainable development for better environmental protection”.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988618","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 use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs 在调查法人实体和个体企业家提交的国家注册文件的伪造过程中使用特殊知识
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.121
B.V. Khyzhnyy
{"title":"The use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs","authors":"B.V. Khyzhnyy","doi":"10.24144/2788-6018.2024.02.121","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.121","url":null,"abstract":"In the scientific article, scientific publications on the specified issues were analyzed and it was established that special knowledge in the investigation of criminal proceedings under Art. 205-1 of the Criminal Code of Ukraine, are used for the purpose of: 1) identifying traces of this type of crime: (for example, identifying signs of making changes to documents that are the subject of a crime; identifying the person who entered false information into the document; the original content of the document, etc.); 2) application of methods of studying documents within the scope of their review (non-destructive methods and technical means); 3) fixation of S(R) D using technical means; 4) seizure of material evidence (computer equipment, documents and other traces, things or other objects); 5) obtaining advice on the preparation of materials for expert research (for example, determining the types of forensic examinations that should be assigned for the study of seized documents and other objects, formulating expert tasks, selecting samples for comparative research, etc.); 6) modeling the mechanism of the crime in order to propose versions and plan the next stage of the investigation; 7) conducting expert research; 8) obtaining data during the interrogation of an expert as a witness regarding the research he conducted, etc. \u0000It was established that the use of special knowledge during a pre-trial investigation into the forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs takes place in two forms: 1) procedural: involving a specialist to participate in the pre-trial investigation, appointing forensic experts, obtaining a written explanation of a specialist, questioning as witnesses of specialists or forensic experts who participated in conducting forensic examinations; 2) non-procedural: advisory assistance of specialists on matters requiring special knowledge, departmental documentary audits and checks.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" February","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989648","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
Judicial precedent in the Romano-Germanic legal family 罗马-日耳曼法律体系中的司法先例
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.4
R.A. Ivaniv
{"title":"Judicial precedent in the Romano-Germanic legal family","authors":"R.A. Ivaniv","doi":"10.24144/2788-6018.2024.02.4","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.4","url":null,"abstract":"The article is devoted to the study of the institution of judicial precedent in the Romano- Germanic legal family. It is established that the countries of the Romano-Germanic legal family, unlike the countries of the Anglo-Saxon legal family under the influence of Roman law, in the context of codification of law, have determined for themselves the priority source of law - law, not precedent. However, there is a gradual increase in the role of judicial precedent in continental law countries due to a number of factors that contribute to the intensification of judicial rulemaking. First, in these countries, there are still branches of law that, for various reasons, either do not have legal regulation or are regulated only by general reference rules or framework provisions. For objective reasons, the legislator cannot foresee the entire variety of real-life phenomena. This pushes the courts to adopt legal provisions that can fill in the gaps in the legal regulation of social relations. Secondly, there is a noticeable lag between legislation and dynamically changing social relations, resulting in the formation of large segments of social life regulated by legal acts that have lost their relevance. The current realities, which are largely full of unpredictable events, highlight the need for legal systems to adapt. All of this contributes to the use of judicial precedents, which serve not only as a tool for resolving specific disputes, but also as a means of developing law, allowing to fill existing «gaps in law». \u0000In the Romano-Germanic legal family, the real legal force of a judicial precedent is determined not so much by its formal enshrinement in legal acts as by actual life circumstances. Real-life situations, as well as the practical necessity and demand for precedent as a source of law, play a key role in determining its true legal status and legal force. Judicial precedent in continental law countries is becoming increasingly important, becoming an integral element of dynamic and adaptive legal regulation over time, and the rules establishing the generally binding force of precedents and the discretionary powers of authorized bodies are increasingly common in both public and private law in these countries. Judicial precedent in these countries should be considered as a source of law from a practical point of view, focusing on solving problems arising in the process of law enforcement.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 924","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989261","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 white paper on artificial intelligence as a source for the formation of European Union legislation in the field of artificial intelligence 人工智能白皮书是欧盟在人工智能领域制定法律的依据
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.39
V. Machusky, I. Machuska, V. Titova, O.S. Titova, V. Machusky
{"title":"The white paper on artificial intelligence as a source for the formation of European Union legislation in the field of artificial intelligence","authors":"V. Machusky, I. Machuska, V. Titova, O.S. Titova, V. Machusky","doi":"10.24144/2788-6018.2024.02.39","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.39","url":null,"abstract":"The article analyzes the provisions of the White Paper on artificial intelligence as a source of the formation of European Union legislation in the field of artificial intelligence. \u0000It is noted that the study of legal regulation of artificial intelligence in the European Union will contribute to the formation of the domestic source base in the field of application of artificial intelligence. \u0000It has been analyzed that in scientific circles, the provisions of the White Book on artificial intelligence are highlighted by domestic scientists in a fragmentary manner, which makes it difficult to comprehensively perceive the content and meaning of the White Book as a whole. \u0000The article states that the legislation of Ukraine needs improvement, which consists in compliance with European standards in the field of artificial intelligence. It has been established that it is advisable to enshrine provisions on the use of artificial intelligence at the legislative level. \u0000The article examines the provisions of the European Data Strategy, which recognizes artificial intelligence as an important component of the data economy. It has been studied that the provisions of the European Data Strategy provide for a combination of technology, industry, digital infrastructure and regulatory framework. It was noted that the provisions of the Strategy regarding artificial intelligence were further developed in the White Book. \u0000The article specifies the concept of artificial intelligence in accordance with the provisions of the White Book. \u0000It is noted that the Provisions of the White Book are aimed at ensuring consultation of interested parties, collection of feedback as a basis for future decision-making processes. \u0000It has been proven that the White Paper can be considered a political document containing the goals and possible actions of the European Commission regarding the regulation of artificial intelligence and contains a list of political proposals, intentions and recommendations. \u0000It is noted that the White Book is a framework for future legislative proposals on the formation of a legal framework related to artificial intelligence in the European Union. \u0000The article defines the structure of the main provisions of the White Book and establishes the fundamental principles that determine the development and implementation of artificial intelligence. \u0000Attention is focused on chapter 5 of the White Paper, which is devoted to the «Ecosystem of Trust: Regulatory Framework for Artificial Intelligence», which is devoted to the key elements of the regulatory framework for artificial intelligence in Europe.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989023","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 concept, legal features and meaning of the energy supply contract 能源供应合同的概念、法律特征和含义
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.46
T. Hnatiuk
{"title":"The concept, legal features and meaning of the energy supply contract","authors":"T. Hnatiuk","doi":"10.24144/2788-6018.2024.02.46","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.46","url":null,"abstract":"The article analyzes the concept of an energy supply contract, its essential features and the importance of concluding it for Ukraine in wartime conditions. Since the introduction of electricity in the 19th century, the supply of energy was often organized through agreements between producers and consumers that set the terms of supply. In the 20th century, universal energy supply systems were created in many countries, where energy supply contracts became standard and regulated by the state. In connection with the development of technology and the growth of competition, the terms of contracts have become more diverse, including fixed and variable prices, terms of delivery and payment. With increased attention to the problems of climate change, conditions aimed at stimulating the use of renewable energy sources appeared in energy supply contracts. The author analyzed the current legislation that regulates the conclusion of these contracts and the system of their validity. A conclusion was made about the importance and necessity of high-quality and timely energy supply for the Ukrainian people. Attention was drawn to the need to create backup power supply mechanisms in case of emergency, electricity payments in conditions of limited access to energy resources, as well as additional security measures to ensure the continuous operation of the power grid and power plants in the event of military threats. It was concluded that in the context of Ukraine, which has a complex energy system and dependence on energy imports, energy supply contracts play an important role in ensuring the stability and development of the country's energy sector. Analysis of the energy supply contract shows constant changes in the interaction between suppliers and consumers of energy, reflecting changes in technology, economics and energy policies.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" July","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989655","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
Circumstances to be established during investigation of the involvement of minors in the illegal production, manufacture, purchase, storage, transportation, shipment or sale of narcotics, psychotropic substances or their analogues 在调查未成年人参与非法生产、制造、购买、储存、运输、装运或销售麻醉品、精神药物或其类似物时应确定的情况
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.113
M. Kukos
{"title":"Circumstances to be established during investigation of the involvement of minors in the illegal production, manufacture, purchase, storage, transportation, shipment or sale of narcotics, psychotropic substances or their analogues","authors":"M. Kukos","doi":"10.24144/2788-6018.2024.02.113","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.113","url":null,"abstract":"The scientific article discloses the circumstances to be established during the investigation of the involvement of minors in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues. As a result of a detailed analysis of the scientific literature on criminology and the criminal process, it was established that at the current stage of development, this issue remains insufficiently researched. The positions of scientists regarding the importance of the circumstances to be established in certain methods of investigation of criminal offenses are considered. It is established that in criminal offenses committed by minors, in addition to the circumstances provided for in Art. 91 of the Criminal Procedure Code of Ukraine, it is also necessary to find out: 1) complete and comprehensive information about the person of the minor: his age (date, month, year of birth), state of health and level of development, other social and psychological features of the person, which must be taken into account when individualizing responsibility or selected educational events. If there is evidence of a minor's mental retardation not related to mental illness, it should also be determined whether he could fully understand the meaning of his actions and to what extent he could control them; 2) the minor's attitude towards the act committed by him; 3) living conditions and upbringing of a minor; 4) the presence of adult instigators and other accomplices of the criminal offense. \u0000In the course of the study, it was found that every circumstance that must be established at the beginning of the pre-trial investigation of this category of crimes in accordance with Art. 91 of the Criminal Procedure Code of Ukraine should be considered in relation to the circumstances provided for in Art. 485 of the Criminal Code of Ukraine (taking into account the age and socio-psychological characteristics of minors) in order to achieve the objectives of criminal proceedings, in particular when establishing: a) the circumstances of the fact (event) involving a minor in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotics means, psychotropic substances or their analogues; the circumstances of the minor's culpability (it is necessary to establish the exact age in order to be able to prosecute); b) circumstances characterizing the person of a minor (their living conditions, upbringing, state of health, level of development).","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" May","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989929","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
Strategic directions of cooperation between Ukraine and the Republic of Turkey through the prism of ratification of the free trade agreement 从批准自由贸易协定的角度看乌克兰与土耳其共和国的战略合作方向
Analytical and Comparative Jurisprudence Pub Date : 2024-05-11 DOI: 10.24144/2788-6018.2024.02.131
S. Moroz
{"title":"Strategic directions of cooperation between Ukraine and the Republic of Turkey through the prism of ratification of the free trade agreement","authors":"S. Moroz","doi":"10.24144/2788-6018.2024.02.131","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.131","url":null,"abstract":"The article is devoted to the study of strategic directions of cooperation between Ukraine and the Republic of Turkey through the prism of the ratification of the Free Trade Agreement. \u0000Scientific interest in the topic was aroused by the provisions of the Agreement on Free Trade between the Government of Ukraine and the Government of the Republic of Turkey in terms of the legal obligations of the states and their consequences for the parties. \u0000In the article, the author analyzed in historical retrospect the Protocol on the establishment of diplomatic relations between Ukraine and the Republic of Turkey. Also, the Framework Agreement between the Government of Ukraine and the Government of the Republic of Turkey on cooperation in the field of high technologies, aviation and space industries and its impact on the Free Trade Agreement and its formation were analyzed. The analysis of this Framework Agreement by the author was carried out through the prism of the specified legal obligations of the states, in particular, the legal obligations of Ukraine in terms of granting benefits and preferences to Turkish companies were investigated. \u0000In addition, the Memorandum of Understanding on the Free Trade Agreement between the Government of Ukraine and the Government of the Republic of Turkey and bilateral trade between the Government of Ukraine and the Government of the Republic of Turkey was examined. In particular, the author analyzed the provisions of the Memorandum as part of the proposed legal mechanisms for the protection of the market for agricultural products. \u0000The content of the Free Trade Agreement between the Government of Ukraine and the Government of the Republic of Turkey was analyzed taking into account the provisions of the Agreement on Agriculture of the World Trade Organization. \u0000To fulfill the stated purpose of this research, the author investigated the provisions of the Constitution of Ukraine in the part of regulating the principles of foreign economic activity regarding the compliance of the provisions of the Free Trade Agreement between the Government of Ukraine and the Government of the Republic of Turkey with domestic legislation.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 655","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989400","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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