Actual problems of native jurisprudence最新文献

{"title":"ESTABLISHMENT AND DEVELOPMENT OF LEGAL REGULATION OF INTERNATIONAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE","authors":"I. Zavydniak","doi":"10.15421/392203","DOIUrl":"https://doi.org/10.15421/392203","url":null,"abstract":"The article examines the problems of the formation and development of the main institutions of international cooperation in the field of criminal procedure. The doctrinal approaches and norms of the first international treaties in this area are analyzed. The first institutions and directions of international cooperation in the field of criminal procedure are outlined, their specificity and features are revealed. It is noted that the first legal institution in the field of international cooperation, which later became directly related to the sphere of criminal procedure, was the institution of extradition (this institution, throughout its history, has been and remains a system consisting of several procedures by which one sovereign issues another sovereign a person (criminal) who has committed a crime and is wanted). Attention is focused on the fact that from ancient times until the end of the seventeenth century, extradition was not an institution of international law, let alone a criminal process. The vast majority of extradition cases were caused by political or religious circumstances, but not by the need for mutual assistance in the framework of the criminal process. Therefore, most of the known treaties of this period provided for the extradition of exclusively political and religious criminals or defectors. It is noted that similar tendencies of the institution of extradition were characteristic in the territory of Ukraine. An outstanding role in the formation of the foundations of international cooperation in the territory of Kууivs’ka Rus’ was played by «Russian Truth», which contained the norms of criminal, inheritance, commercial and procedural legislation. It was determined that from the 17th century the first scientific comments and principles of international cooperation in the fight against crime began to appear, and the foundation was laid for the formation in the doctrine of international law of the concept, which is defined in our time as the commission of criminal prosecution at the request of a foreign state. The periodization of international cooperation in the field of criminal procedure has been developed, namely, six historical periods have been identified, each of which has its own type of legal regulation.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"282 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116080336","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":"THE MAIN STAGES OF FORMATION AND DEVELOPMENT OF INDIVIDUAL CRIMINAL RESPONSIBILITY IN INTERNATIONAL LAW","authors":"O. T. Voloshchuk, V. Yurchyshyn","doi":"10.15421/392209","DOIUrl":"https://doi.org/10.15421/392209","url":null,"abstract":"The main stages of the formation and development of the institution of criminal liability of the individual in international law are studied in the article, features and characteristic features of each of the studied stages are clarified, as well as various doctrinal approaches to the recognition or non-recognition of the individual, the subject of international law analyzed, and consequently, the subject of international crime within the framework of the International criminal law. It has been shown that the primary responsibility for persecuting individuals lies with the state. However, individuals are prosecuted in accordance with international criminal law. The expansion of this practice is a manifestation of the further formation and implementation of the principle of punishing individuals for committing international crimes recognized by the world community as international crimes. The institute of international criminal responsibility of individuals for committing international crimes is a significant deterrent to modern international law to prevent violations of its most important norms. The statutes of the tribunals oblige states to provide assistance, including search and identification, obtaining evidence and finding evidence, arresting and detaining, and transferring the accused to the tribunal. All this requires the introduction of appropriate provisions in the criminal and criminal procedural law of states. It is concluded that the formation and development of the institution of individual criminal responsibility in international law has come a long way from complete non-recognition and denial to the emergence of a permanent judicial institution to which international crimes fall and individuals are recognized as perpetrators. An individual becomes a subject of international law and will be held accountable if he or she commits international crimes. It is confirmed that the principle of inevitability of criminal punishment has the ability to be implemented in any case. which is a progressive phenomenon of modern reality.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129003136","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":"BASIC PRINCIPLES OF LEGAL REGULATION OF SOCIAL SECURITY OF CIVIL SERVANTS IN UKRAINE","authors":"L. Voitiuk","doi":"10.15421/392197","DOIUrl":"https://doi.org/10.15421/392197","url":null,"abstract":"The article is devoted to the scientific study of social security of civil servants as employees with special legal status. The relevance, novelty of scientific research and its social significance are proved. The legislative consolidation of social security of work, in the context of the concepts of «social security» and «social protection» is given. Theoretical and methodological bases of formation and maintenance of social safety of work are considered. Social security of work is presented as an important factor in improving the legal status of civil servants. The state of protection from certain threats and dangers in relation to social rights is considered. The right to a decent level of social security of labor is analyzed. The formation of the concept of «social security» is considered and scientific views are given, which help to define the definition of the concept of «social security of civil servants». A systematic scientific approach to the analysis of social safety at work is presented. The role of the state as the main subject of guaranteeing social security of civil servants is considered. Social guarantees are defined as the main lever of social security at work. Consolidation of norms of social safety of work in normative-legal acts of the general or local levels is resulted. Elements of social security are considered: social protection and social security. Views on the concept of «social security», «social protection» are analyzed. The difference between these categories of concepts is explained. The need to guarantee and maintain a decent level of occupational safety of a special category of workers has been proved. Ways to increase the level of its provision and ways of their implementation are offered. The need for further research and improvement of the legal framework for social security of civil servants, which will maximize the protection of civil servants in the social space in the performance of official duties and tasks.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126321158","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":"WAGES AND MECHANISM OF ITS PAYMENTS IN UKRAINE AND CANADA: COMPARATIVE ANALYSIS","authors":"O. Bondar","doi":"10.15421/392196","DOIUrl":"https://doi.org/10.15421/392196","url":null,"abstract":"The article examines and compares the concept and size of wages in Ukraine and Canada. In the course of the research the definition of the term’s “salary” and “wage” according to the labor legislation of Ukraine and Canada was considered. The analysis and comparison of the definition of the concept of wages contained in the regulations governing labor relations in Ukraine and Canada. The author's own vision of the definition of \"salary\" is given. It is proved that wages and remuneration are essentially different concepts between which it is inappropriate to equate, because wages should be paid to the employee for the work performed by him, that is, in essence, it should be compensatory, and remuneration is just an incentive or compensatory nature, for example, the reward should be considered gratitude for conscientious work or outstanding achievements in professional activities, etc. It is concluded that at the constitutional level the right of a person to remuneration and related opportunities are more specifically and in detail specified in the Constitution of Ukraine in comparison with the Constitution of Canada where it is reduced to a minimum. An analysis of the level of wages in Ukraine and Canada, based on the size of wages, different professions and areas of activity. It is concluded that wages play an important role between the subjects of labor relations in both Ukraine and Canada. It is noted that there is a huge gap between the salaries of workers in Ukraine and Canada. Attention is paid to the comparison of the minimum wage in Ukraine and Canada. It is noted that it is positive to borrow from the experience of Canada forms of remuneration, this would eliminate the shortcoming of the current The Labor Code of Ukraine and the Law of Ukraine \"On Remuneration of Labor\" in terms of consolidating forms of remuneration. The approach to the procedure for payment of wages at the state level in Ukraine and Canada is analyzed, it is concluded that the content of the rules governing the mechanism of payment of wages in Canada are similar to those contained in the Labor Code of Ukraine and the Law of Ukraine \"On Remuneration of Labor\", But there are some differences that are positive in nature and bring some flexibility in the regulation of labor relations regarding the legal regulation of wages, which can be borrowed and used in the labor legislation of Ukraine.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124886591","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":"REVIEW OF THE REFERENCE DICTIONARY \"CRIMINAL ENFORCEMENT LAW\" (AUTHORS-COMPILERS: SF DENISOV, TA DENISOVA, MV PUZYREVSKY)","authors":"N. Yuzikova","doi":"10.15421/392210","DOIUrl":"https://doi.org/10.15421/392210","url":null,"abstract":"","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128412070","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":"PROSPECTS FOR THE DEVELOPMENT OF LEGISLATION IN THE FIELD OF WASTE MANAGEMENT IN THE CONTEXT OF LOCAL GOVERNMENT REFORM IN UKRAINE","authors":"Anastasiia Tretiak","doi":"10.15421/392198","DOIUrl":"https://doi.org/10.15421/392198","url":null,"abstract":"Issues related to the generation and disposal of household waste are becoming increasingly important in our country and in other countries, because waste is one of the main threats that exacerbates global warming trends. The article focuses on the established decentralization course in Ukraine and the legislative consolidation of problematic issues of waste management at the local level, in particular, considers the Draft Law “On Waste Management” from 04.06.2020 № 2207-1-d. It is emphasized that the existence of an extensive system of regulations and legislation that establish the role of local authorities in waste management at the local level, although they contain a number of important provisions, and do not fully meet the needs of local communities, which is manifested in excessive accumulation of household waste and an unsatisfactory percentage of their processing. Using such general scientific research methods as: description, comparison, analysis, induction and others, the article compares the provisions of the Draft Law with the norms set forth in the Law of Ukraine “On Waste” and draws a clear conclusion that the provisions of the Project are more in line with modern realities. The main advantages of the Draft Law are the provision of a hierarchy of waste management, a municipal waste management system and the establishment of the obligation of direct participation of executive bodies of local councils in the implementation of state policy on waste management. In particular, іn the context of Ukraine’s obligation under the Association Agreement with the EU to harmonize national legislation in the field of waste management with EU law in this area, a number of arguments are given, according to which the Draft Law “On Waste Management” of 04.06.2020 № 2207-1-d is more in line with existing decentralization trends in Ukraine than the current Law of Ukraine “On Waste” of March 5, 1998 № 187/98-VR.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126893657","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":"COMBATING POLITICAL CORRUPTION ON POLITICAL PARTY FINANCING: PROSPECTS FOR IMPLEMENTATION OF EU LEGISLATION","authors":"N. O. Maksimentseva","doi":"10.15421/392192","DOIUrl":"https://doi.org/10.15421/392192","url":null,"abstract":"The article provides an analysis of the concept of \"political corruption\" under the laws of Ukraine and proves the lack of a clear definition and features of this concept. Instead, the author highlights the main features of political corruption, its differences from other types of corruption. In addition, the peculiarities of regulating the concept of \"political corruption\" in the Anti-Corruption Strategy 2020-2024 are analyzed. The article pays special attention to the types of political corruption, namely the financing of political parties and the experience of the European Union in addressing issues of transparency, control, prevention and combating illegal activities. Attention is paid to sources of financing, selection of their types and features of receipt of funds by certain types. The concept of \"gifts\" and issues related to this type of funding, transparency and legitimacy of gifts and such activities within the requirements of applicable law, setting limits on the amount of such income and the procedure for reporting and declaring the income of parties. A system of control over the transparency of the receipt of funds has been established: 1) the obligation of parties to report the fact and source of receipt; 2) provide information on legal and natural persons-donors; 3) the right of a specially authorized body of the EU to verify the revenues and contributions of political parties is defined. The procedure for financing political parties at the expense of state funds and the conditions for their provision, features of reporting and control over the expenditure of funds, areas of funding, restrictions and requirements for the receipt of funds, the procedure and requirements for declaring certain financial sources. It also mentions the rights and opportunities for measures taken by the bodies that control the financing of political parties from the budget of the European Union.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121113600","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":"THE ESTABLISHMENT AND DEVELOPMENT OF RIGHT REGULATION OF THE INSTITUTE REGISTRATION OF REAL PROPERTY RIGHTS ON THE UKRAINE’S LAND TILL TO FIRST PART XVII CENTURY","authors":"H. O. Tomchuk","doi":"10.15421/392208","DOIUrl":"https://doi.org/10.15421/392208","url":null,"abstract":"This article goes out to historical analysis of obtaining real property right and developing legal regulation of registration real property right from the time of Kyiv Rus till to middle of XVIII century on modern Ukraine’s territory. The mentioned historical legal analysis contains a chronological order of legal evolution of real property rights from its foundation by the legislation of Kyiv Rus, developing during the time of Galicia-Lithuanian domain, improving Rzeczpospolita by its lawyers, and implementing the communal forms of ownership of real estate during Cossacks. The author analyzed the historical way of develops of legal regulation of real property rights on Ukraine’s land by comparison of historic legal, systematic structural, and logical legal methods. Depending on the government’s system and political situation, it was changed social relationships above objects of real properties. The classification of the objects to movable and real property was pursued gradually, with the term “ownership” was disconnected from the term “possession”, it appeared an emergency of the modern conception of the composition of the property rights (the possession and the using). It is creating the concept of registration of real property rights, as the mechanism of recognition and confirmation of the fact of changing the property rights which remotely identify the mechanism such registration. Therefore, with help from this scientific research was established that the term “property rights” and its composition were formed during a long period of time and influence by a lot of factors. Depending on the government’s system the conception of registration of real property rights many times changed with a way of obtaining such rights. And if on the beginning the nidification of the property rights or changing this property rights regulated by customary law, then beginning from the acceptance the Statutes of Lithuania such regulation was made by written laws (laws).","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115365066","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":"MARRIAGE RELATIONS AS THE MAIN LEGAL CATEGORY OF FAMILY LAW: ANALYSIS OF THE SITUATION IN UKRAINE AND THE UAE","authors":"R. Karpenko, S. H. Tarasenko","doi":"10.15421/392194","DOIUrl":"https://doi.org/10.15421/392194","url":null,"abstract":"The article is devoted to the problematic aspects of the settlement of the institution of marriage, as well as the comparative characteristics of the conditions of marriage in Ukraine and the UAE. The family is a special legal category that arises between individuals as a result of the conclusion and registration of marital relations, therefore, the study of marital relations in this context remains quite relevant. In the context of conducting a comprehensive study, the peculiarities of the settlement of marital relations were highlighted, taking into account the problematic aspects of this legal relationship. The comparative analysis of features of marital relations in the UAE and in Ukraine in the aspect of their termination is carried out, similar and distinctive features are allocated. Within the framework of the article, a number of problematic issues concerning the moment of marriage and their further settlement are investigated. Considerable attention is paid to the study of the legal nature of marital relations and the characteristics of marital relations in Ukraine from the early stages to the present. In the context of the above, a detailed study of the historical stages of marriage, provided their full characteristics, a comparative analysis of marital relations of those times and today. The question of interpretation of the definition of marriage, marital relations and highlighting the key features of their legislative regulation received a detailed study and understanding. Considerable attention was paid to the analysis of normative legal acts that formed the basis of legislative consolidation of marital and family relations; it is proposed to update the Family Code of Ukraine and regulate in more detail the conditions of marriage at the legislative level. The legal categories of \"marital and family relations\" and \"marital relations\" were distinguished, which are clearly distinguished from each other, because family law considers marital relations by separating them from family ones, which leads to legal conflicts in practice.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"1857 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129893246","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":"PROSPECTS OF DETERMINING THE INTERNATIONAL CRIMINAL COURT JURISDICTION REGARDING ECOCIDE","authors":"O. Shumilo","doi":"10.15421/392207","DOIUrl":"https://doi.org/10.15421/392207","url":null,"abstract":"The article analyzes the possibilities and the need to determine the jurisdiction of the International Criminal Court on ecocide. The paper considers the essence and core features of ecocide as a crime against humanity under international criminal and environmental law. The author has examined the legislation of the countries that either distinguish this crime or include it in the structure of other crimes. The paper also highlights the conventions prohibiting the use of methods or means of warfare that intend to cause or actually cause severe long-term damage to the environment. The definition of the ecocide, which is no longer connected only to armed hostilities, has been provided according to the findings from a group of international experts. The constituent elements of this definition have been analyzed, namely: needless, severe, widespread, long-term and environment. Emphasis has been placed on the fact that there is a problem with the existing definition of ecocide in the Rome Statute, which links this crime exclusively to the conduct of hostilities. At this point, it would be more reasonable to connect it to the activities of the state, which is not necessarily aimed at achieving military superiority. Therefore, the next step would be to develop a rule on international criminal liability for environmental damage, regardless of the fact of hostilities. It has been stressed that according to national practice, in recent years, law enforcement agencies have initiated a remarkable number of criminal proceedings under Art. 441 of the Criminal Code of Ukraine (ecocide), but failed to bring them to justice due to the shortcomings of the legislation. The blanket character of this norm presupposes the obligation to define the concept of 'environmental catastrophe'. The paper further elaborated on an example of a particular criminal proceeding under investigation of the Security Service of Ukraine. The suspicion was based on the reference to Art. 441 of the Criminal Code of Ukraine and on the facts of air pollution and poisoning of air, water resources and soil, which could lead to an environmental catastrophe. It has been concluded that determining the jurisdiction of the International Criminal Court on ecocide in peacetime will save the planet from destruction.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132116585","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}