Actual problems of native jurisprudence最新文献

筛选
英文 中文
PSYCHOLOGICAL AND LEGAL ASPECTS AGAINST CORRUPTION IN UKRAINE NOWADAYS 心理和法律方面的腐败在乌克兰目前
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392205
O. V. Melenko, L. M. Hryndei, O. Stratii
{"title":"PSYCHOLOGICAL AND LEGAL ASPECTS AGAINST CORRUPTION IN UKRAINE NOWADAYS","authors":"O. V. Melenko, L. M. Hryndei, O. Stratii","doi":"10.15421/392205","DOIUrl":"https://doi.org/10.15421/392205","url":null,"abstract":"This article provides a complex analysis of corruption crimes in Ukraine. The analysis is showing that a third of corruption crimes are committed in five regions of Ukraine, and a conclusion was made about the uneven corruption environment. It was found that in the structure of corruption crimes the largest part is occupied by administrative corruption crimes. In general, the structure of administrative corruption crimes in Ukraine is homogeneous. Almost all administrative corruption crimes concern violations of financial control requirements. In other words, the vast majority of Ukrainian corrupt criminals hide or distort information about their income and foreign financial investments. In the structure of criminal corruption crimes, the largest share is occupied by offenses related to obtaining illegal benefits and abuse of official position. On the other side, in the structure of disciplinary liability for corruption crimes, the largest share is occupied by offenses related to non-compliance with the requirements of financial control, a conflict of interests, and the receipt of illegal benefits. Based on a comprehensive analysis of corruption crimes in Ukraine, a behavioral stereotype of a Ukrainian corruptor has been developed. The logical sequence of actions of the Ukrainian corruptor has six stages: one's main interest is their own benefit, which excludes the interests of the nation and society; abuses one's official position; receives illegal benefits; rapidly accumulates material goods; stores money abroad; hides and distorts information about personal income. This article systematizes the psychological characteristics of a corruptor. The psychological portrait of a corruptor is formed by specific moral and psychological traits and socio-role characteristics, such as feelings of permissiveness and influence, envy, vanity, money cult, sociability, a propensity to risk, lack of empathy, careerism, ostentatious control. Ostentatious control means a demonstration of «poker face», which hides irresponsibility, unreliability, impulsiveness, emotional instability, aggression. The article proposes a number of institutional changes aimed at reducing the corruption environment in Ukraine.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"159 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":"114381725","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 THE CAUSAL FOR THE SOLUTION OF PROBLEM ISSUES OF CRIMINAL LAW 因果关系对解决刑法问题的重要性
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392201
V. Benkivskyi
{"title":"THE IMPORTANCE OF THE CAUSAL FOR THE SOLUTION OF PROBLEM ISSUES OF CRIMINAL LAW","authors":"V. Benkivskyi","doi":"10.15421/392201","DOIUrl":"https://doi.org/10.15421/392201","url":null,"abstract":"The article considers causality (causal approach) and its significance for solving criminal law issues. The emphasis on the causal approach is carried out at the methodological level of research that is the basic concepts of cause and condition, system, structure, etc. are considered. The author draws attention to the fact that in addition to the cause, which has legal criminal significance, it is necessary to consider such elements of the causal complex as conditions, reasons, incentives, circumstances that are necessary to clarify the mechanism of causing legal value. The author notes that if the cause and condition based on their importance in criminal law have the characteristics of «full» factors, the reason, incentive, circumstances can be considered and evaluated as subcausal factors. These subcausal factors are taken into account in criminal law indirectly and, as the author notes, are rather criminal proceedings. The article separately considers the possibility of using among the causal (causal) factors of psychological attitude; it is noted that in accordance with the approaches of the psychological school of Professor Uznadze, the installation is considered at the subconscious level and can’t be considered in the implementation of criminal law assessments. The article mentions a number of other problems related to the causal approach in resolving issues of legal, criminal and legal nature. In particular, attention is focused on the term «causal complex», the problem of the inverse effect of the consequence on the cause, the separation of «social» causality from «natural» and others. The author considers in the article the importance of conducting a causal analysis in the study of criminal law issues. It is noted that the methodological establishment of the criterion of the cause of the phenomenon (consequence) is also necessary in the case of ambiguous (several or more causes and consequences) causal relationships or complex causality. The author notes that the «vector» of the causal relationship is complicated given the previous aspects of the study.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"8 4 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":"132893417","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
PROFESSIONAL ASSISTANCE TO A WITNESS DURING HIS/HER INTERROGATION 对证人进行审问时的专业协助
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392204
V. Karpenko
{"title":"PROFESSIONAL ASSISTANCE TO A WITNESS DURING HIS/HER INTERROGATION","authors":"V. Karpenko","doi":"10.15421/392204","DOIUrl":"https://doi.org/10.15421/392204","url":null,"abstract":"An analysis of criminal procedural legislation has been carried out in order to determine the powers of a counsel when providing legal assistance to a witness during his/her interrogation. It has been established that the legal regulation of counsel's participation in the interrogation of a witness does not allow counsel to exercise the right to professional assistance effectively and does not comply with the requirement of legal certainty of the legislation. Where the procedural rights of a witness are to be exercised directly by him or her alone, professional legal assistance involves explaining the essence of these procedural rights and how to exercise them, as well as monitoring compliance with the criminal procedure legislation by those conducting the interrogation. During the examination of a witness, a counsel shall monitor compliance with the requirements of the criminal procedure legislation, which may be grouped as follows: requirements as to the time, place and duration of the examination; requirements as to the witness's awareness of the grounds for the examination and his or her procedural status; compliance with the criminal procedure form of conducting and registration of the examination results. Effective exercising of a witness's right to professional assistance during questioning depends on the opportunity to consult a counsel both before the first interrogation and during the questioning. The appropriateness of legislative determination of the procedural status of persons providing explanations and regulation of the explanation collection procedure have been substantiated. It has been substantiated that the procedural status of a counsel for a witness needs to be regulated by granting the following procedural rights the counsel: to advise the witness; to ask questions to the witness to clarify and supplement his/her answers; to object to illegal actions related to the questioning procedure; to file a motion on the questioning procedure; to challenge the actions, decisions and omissions of the investigator, inquiry officer or prosecutor concerning the witness questioning procedure.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"73 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":"115122488","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
ADMINISTRATIVE AND LEGAL REGULATION OF PUBLIC ADMINISTRATION IN THE FIELD OF PHYSICAL CULTURE 体育领域公共管理的行政与法律规制
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392200
O. Morhunov
{"title":"ADMINISTRATIVE AND LEGAL REGULATION OF PUBLIC ADMINISTRATION IN THE FIELD OF PHYSICAL CULTURE","authors":"O. Morhunov","doi":"10.15421/392200","DOIUrl":"https://doi.org/10.15421/392200","url":null,"abstract":"The purpose of the article is to study the administrative and legal regulation of public administration in the field of physical culture. The article examines the administrative and legal regulation of public administration in the field of physical culture. It is determined that the administrative and legal regulation of public administration of physical culture should be defined as a set of administrative and legal norms and other administrative and legal means by which to consolidate, streamline, protect relations with the participation of subjects of power in these areas in the interests of man, society and the state through the mechanism of administrative and legal regulation. The leading place in the legal regulation of the spheres of physical culture and sports belongs to the norms of administrative law, which form the basis of public administration of these spheres, determining the status of public administration, principles, bases, forms and methods of their official activity, priorities and ways of forming state policy. physical culture and sports, means and procedures for its implementation, regulate control and supervision in these areas. Also, administrative and legal regulation takes place to regulate relations in the fields of physical culture and sports with the participation of subjects of power to protect the rights and freedoms of individuals and their groups, bring to administrative responsibility, prevent and combat corruption in these areas. Administrative and legal regulation of public administration of physical culture can be understood as a set of administrative and legal norms and other administrative and legal means that consolidate, streamline, protect relations with the participation of subjects of power in these areas in the interests of man, society and state through the mechanism administrative and legal regulation, which ensures the implementation of administrative and legal regulation in the legal behavior of participants in administrative relations on the basis of perception and subsequent reflection in socially significant activities in the forms of compliance and application of administrative norms.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"11 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":"114855512","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
LEGAL GUARANTEES OF FREEDOM OF CONSCIENCE AND RELIGION IN UKRAINE 在乌克兰良心和宗教自由的法律保障
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392191
M. Kravtsova, T. Datsiuk, O. Filipenko
{"title":"LEGAL GUARANTEES OF FREEDOM OF CONSCIENCE AND RELIGION IN UKRAINE","authors":"M. Kravtsova, T. Datsiuk, O. Filipenko","doi":"10.15421/392191","DOIUrl":"https://doi.org/10.15421/392191","url":null,"abstract":"The article identifies the main Ukrainian and international legal acts, which enshrine legal guarantees of freedom of conscience and religion. In particular, these rights are guaranteed by the European Convention on Human Rights, the Universal Declaration of Human Rights and Freedoms, the UN Charter, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and a number of other acts. The legal consolidation of the rights of freedom, conscience and religion in the Constitution of Ukraine and the Law of Ukraine \"On Freedom of Conscience and Religious Associations\" is considered, the bodies responsible for normative-legal and legislative regulation of legal provision of freedom of conscience and freedom of religion in Ukraine are determined. It was found that the mechanism of protection of freedom of conscience and freedom of religion is a system of effective legal means of implementation, protection and defense of freedom of conscience and freedom of religion in general and its individual elements (opportunities) enshrined in the laws of a particular state. The assessment of normative legal acts showed that the issues of uncertainty in the conceptual apparatus used in the regulation of the religious sphere remain unresolved; uncertainty in the subjects of religious relations, their rights and responsibilities; unequal legal status of religious groups and religious organizations; the degree of state intervention in state-church relations. The concepts and elements of the mechanism of legal provision of freedom of conscience and freedom of religion of the person in Ukraine are defined.The criteria for classification of legal remedies for freedom of conscience and freedom of religion, which include national remedies and public institutions, are analyzed. It is concluded that the state policy in the field of protection of freedom of conscience should be aimed at finding an effective organization of the system of public administration and control. To this end, it is necessary to specify and clearly delineate the powers of public authorities of Ukraine and public authorities, officials and specialists of various bodies of public administration, control and supervision in the field of protection of freedom of conscience.","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":"128981852","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
GENESIS OF CRIMINAL RESPONSIBILITY FOR APPROPRIATION, POSSESSION OF MILITARY PROPERTY USING OFFICIAL RANK COMMITTED BY A MILITARY OFFICER 军官利用官衔侵占军事财物的刑事责任由来
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392202
V. Demianovskyi
{"title":"GENESIS OF CRIMINAL RESPONSIBILITY FOR APPROPRIATION, POSSESSION OF MILITARY PROPERTY USING OFFICIAL RANK COMMITTED BY A MILITARY OFFICER","authors":"V. Demianovskyi","doi":"10.15421/392202","DOIUrl":"https://doi.org/10.15421/392202","url":null,"abstract":"The article provides a comprehensive study of the emergence and development of criminal liability for dishonest appropriation, military property acquiring through abuse of official rank committed by a military official. The research of normative-legal acts of different periods of origin of the Ukrainian statehood is carried out, in particular disclosing the essence of responsibility for dishonest appropriation, military property obtained through abuse, misuse of official rank performed by a military officer. Such normative legal acts are Russkaya Pravda, Sudebniki of 1468, 1550, Statutes of 1529, 1566 and 1588, Rights and Institutions of Little Russia, ‘Conciliar Code’ of 1649, Military Article of 1715, ‘The civil rights of the Little Russian people’ of 1743, ‘Field criminal law’ of 1812, Code of Laws of 1832 (Criminal Code), ‘Statute of a denomination or police officer’ of 1782, the Statute of Punishment, the Village Court Statute of 1839, Penal and Correctional Regulations of 1845, Statutes of Public Administrations ‘Code of military regulations’ of 1869 ‘Statutes of Punishment Criminal Code’ of 1903, ‘Code on weapon requisition’ of 1917, Criminal Codes of the USSR of 1922, 1927, and 1960, decrees on ‘Criminal liability for theft of state and public property’, and on ‘Strengthening the protection of personal property of citizens’ of 1947, Criminal Code of Ukraine of 2001, etc. Having conducted research on legislative acts that were relevant in today's Ukraine at different times, having reviewed scientific works of domestic and foreign scientists, the main aspects of the formation and development of criminal liability for dishonest appropriation, military property acquiring through abuse of official rank committed by a military official are proposed. It is investigated that the norms of the Military Article of Peter I, which regulated the relations in the army, significantly affected the development and approval of the current military criminal legislation of Ukraine. Much attention in the article is paid to the Criminal Codes of 1922, 1927 and 1960, because they see an experiment in the classification of criminal law, taking into account and improving the rules of past regulations, and clearly states the responsibility for the criminal offense researched by us.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"304 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":"122311057","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
SCIENTIFIC APPROACHES TO THE DEFINITION OF THE CONCEPT OF JUVENILE CRIME 少年犯罪概念界定的科学途径
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392206
A. Syzonenko
{"title":"SCIENTIFIC APPROACHES TO THE DEFINITION OF THE CONCEPT OF JUVENILE CRIME","authors":"A. Syzonenko","doi":"10.15421/392206","DOIUrl":"https://doi.org/10.15421/392206","url":null,"abstract":"In the article the author considers theoretical bases of definition of concept of juvenile crime. It is noted that criminally illegal activity is one of the main problems that destabilizes a number of important social relations in the state. Quite a significant percentage of the total number of criminal offenses are committed by minors, which indicates that modern criminal law and criminological measures and tools do not fully meet the requirements of today’s realities. Attention is drawn to the fact that using the concept of “juvenile delinquency”, most scholars do not resort to the disclosure of its content and do not offer its definition. At the same time, based on the general context in which this concept is used, and use it as a synonym for the concept of “juvenile delinquency”. It is pointed out that given Ukraine’s strategic course towards European and Euro-Atlantic integration (as provided by the Constitution of Ukraine), it should be taken into account that the term “juvenile crime” is more semantically close to the English term “Juvenile Delinquency”, known in foreign countries. The author points out that the inclusion in the content of this concept of juvenile delinquency is impractical, as each of the two above-mentioned segments of crime has its own specifics, and they should be separated from each other, including the use of different terminology. It is stated that taking into account the position on the synonymous connection of the concepts of “juvenile crime” and “juvenile delinquency”, to refine scientific approaches to the definition of juvenile delinquency and its features, it is advisable to rely on existing scientific provisions on the concept of juvenile delinquency, more detailed theoretical development. It is concluded that the modern domestic criminal law doctrine needs to be improved in terms of improving the conceptual and categorical apparatus, special attention should be paid to juvenile criminal activity.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"42 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":"126773943","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
FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF JUSTICE IN THE EXECUTION OF COURT DECISIONS 司法公正原则在法院判决执行中的实施特点
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392193
N. Shelever
{"title":"FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF JUSTICE IN THE EXECUTION OF COURT DECISIONS","authors":"N. Shelever","doi":"10.15421/392193","DOIUrl":"https://doi.org/10.15421/392193","url":null,"abstract":"A fair court decision is the goal of justice. The meaning of justice is achieved only when the court decision is executed. Otherwise, the court decision remains only a sheet of paper. Execution of court decisions is the final stage of the court process, which has as its purpose the implementation of the court decision. That is, in the execution of a court decision, the principle of justice is implemented in practice. The state executive service is responsible for enforcing court decisions. In accordance with the Constitution of Ukraine, the state must ensure the execution of a court decision. In addition to the adoption of an act of justice, courts must exercise appropriate judicial control over its execution. The author also draws attention to the fact that in practice there is often a “formal” execution, as enforcement proceedings are closed for one reason or another, and there is no actual execution of the court decision. The European Court of Human Rights singles out another problematic issue in Ukraine – the long-term non-enforcement of national court decisions. After analyzing the work of the state executive service, the author came to the conclusion that the situation is quite complicated. Compared to European countries, the performance rate is low. Due to the legal nihilism of the citizens of Ukraine, it is quite difficult to enforce court decisions in our country. Since the execution of court decisions is a component of the right to a fair trial, the author summarizes the experience, proposals of state executors and analyzes the relevant problems. Among them there are such as low wages of employees of the state executive service, the lack of proper security for state executors in the execution of court decisions, the need to increase the staff in the state executive service. Proposes to expand the rights of state executors and take active measures to combat corruption in the courts. Inadequate cooperation of banks, police and other bodies with the state executive service is also a big problem in practice, which significantly complicates the work of state executors and slows down the execution of court decisions. Therefore, the author summarizes the proposals of state performers and sets them out in the proposed article. In connection with Ukraine’s desire to become a full member of the European Union, the need to study the experience of leading member states in order to implement it in domestic legislation is emphasized.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"37 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":"131236398","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
ON THE ISSUE OF INTRODUCING THE TERM «COMPLIANCE» IN THE BUSINESS FIELD IN UKRAINE 关于在乌克兰商业领域引入“合规”一词的问题
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392195
A. Korshun
{"title":"ON THE ISSUE OF INTRODUCING THE TERM «COMPLIANCE» IN THE BUSINESS FIELD IN UKRAINE","authors":"A. Korshun","doi":"10.15421/392195","DOIUrl":"https://doi.org/10.15421/392195","url":null,"abstract":"The article examines the issue of transferring in Ukrainian the term of foreign origin «compliance», which is becoming more common in the business field in Ukraine and at the same time has variability in approaches to its transfer in Ukrainian. The author studies the works of domestic and foreign scientists in the field of terminology, on the basis of which the proof of the argument on the use of the concept of compliance in the business field is built. In this regard, the paper analyzes the etymology of the word «compliance», gives the ways of its origin, and proves the international nature of the concept of compliance through the study of its designation in the languages of different language families and groups, namely: Czech, Mongolian, German, Japanese, French and Spanish. The author investigates the use of the Ukrainian term «комплаєнс» transliterated from English in Ukrainian science and legislation to designate the term «compliance», as well as variations of the translation of the term «compliance» with the specifically Ukrainian words «дотримання» and «відповідність». The article analyzes the expediency of alternative notation of the concept through the use of the specifically Ukrainian words «дотримання» or «відповідність» compared with the use of its transliterated counterpart through the prism of the nature of the compliance concept, the goals of implementing this phenomenon in Ukraine, its consistency and transfer of terms related to the term «комплаєнс». The author concludes that the Ukrainianlanguage terms for «compliance» using translated phrases do not meet the requirements for terminological units, and at the same time highlights the advantages of using the term transliterated from English. The article also proves the expediency of using the international term «compliance» as a transliterated lexical unit in the business field considering the globalization and European integration processes that affect the representatives of domestic business. The paper identifies prospective research areas of the term «комплаєнс» and provides recommendations for its unification in the legislation of Ukraine, in particular, in banking and anti-corruption legislation.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"77 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":"125183080","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 NATURE OF THE MODERNIZATION OF ADMINISTRATIVE JUSTICE IN THE ANGLO-SAXON LEGAL SYSTEM 盎格鲁-撒克逊法律制度下行政司法现代化的本质
Actual problems of native jurisprudence Pub Date : 2021-10-01 DOI: 10.15421/392199
N. A. Halaburda
{"title":"THE NATURE OF THE MODERNIZATION OF ADMINISTRATIVE JUSTICE IN THE ANGLO-SAXON LEGAL SYSTEM","authors":"N. A. Halaburda","doi":"10.15421/392199","DOIUrl":"https://doi.org/10.15421/392199","url":null,"abstract":"The main goal of the study is to determine the nature and features of the Anglo-Saxon legal system, the nature of the impact of common law principles, to clarify the legal status of UK tribunals, and highlight the main advantages and disadvantages of administrative tribunals compared to general courts. Unlike continental legal systems, Anglo-Saxon law emphasizes the procedural, pragmatic side of its operation. In the studied legal system there are several positions on the understanding of the concept of “administrative justice”: first, it is the existing procedure for appealing against decisions and actions of public administration and officials in court, i. e. a special type of judicial activity; secondly, it is the activity of tribunals as quasi-judicial bodies. In addition, many countries belonging to the Anglo-Saxon legal family have the principle of mandatory prior (pretrial) recourse to administrative justice disputes. Only after consideration of the pre-trial appeal by the authorized quasijudicial bodies is it possible to open the procedure in the general court. The Anglo-Saxon system of administrative justice is based on the doctrine of equality of all officials before the courts and the prevention of the removal of officials from the jurisdiction of the same courts that other citizens deal with. An analysis of the administrative justice of Great Britain (Anglo-Saxon version) allows us to conclude that it operates at the junction of the executive and judicial branches of government. Administrative justice is linked to the executive branch by the fact that its bodies are in close cooperation with the active administration. Instead, it is brought closer to the judiciary by the fact that courts of general jurisdiction act as an appellate instance against decisions of administrative tribunals. The activities of these bodies are departmental in nature and, unlike the continental model of administrative justice, do not carry the principle of universal jurisdiction.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"50 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":"122032013","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
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信