Actual problems of native jurisprudence最新文献

{"title":"METHODS OF SOLUTION BY THE COURT OF THE SITUATION “STATEMENT OF THE ACCUSED ABOUT THE APPLICATION OF PROHIBITED METHODS OF INVESTIGATION”","authors":"Yuriy Myroshnychenko","doi":"10.15421/012186","DOIUrl":"https://doi.org/10.15421/012186","url":null,"abstract":"The proposed article considers options for the court to resolve situations related to the defendants’ statements about the use of unauthorized methods of pretrial investigation, which significantly complicates the proceedings. The facts of torture in the Ukrainian police are stated, which have been repeatedly pointed out by the European Court of Human Rights, emphasizing the systemic nature of the problems, which is based on this shameful phenomenon. At the same time, it is noted that the defense often uses tactics to file such statements without sufficient grounds, aiming in some cases to undermine the credibility of the results of pretrial investigation, in others – to prolong the proceedings as much as possible, thus putting pressure on the court proceedings. In view of this, there are improvements in the procedural mechanisms that make it impossible to use the information obtained in this way, and on the other hand to develop algorithms for the court to verify such statements in order to properly assess the evidence provided by the prosecution and at the same time prevent are determined by the actual task of the sciences of the criminal cycle. As a result of the study, the author concludes that in each case the court must assess the validity of the defense’s statement on the application of prohibited methods of investigation to the accused to decide whether it is unfounded and only in the case of a positive answer to the competent authorities to conduct a formal investigation and expect its results if the court’s decision on the admissibility of key evidence in the case depends on them. In this case, the court will avoid unjustified delay in the case, otherwise its duration will depend on the efficiency of the investigation of the unfounded statement of the defendant. However, the presence of a decision of the pretrial investigation body to close the proceedings on the application of the suspect (accused) of his torture by law enforcement is not decisive for the court and does not release him from the obligation to check the information available to him and give his conclusions final decision on the case.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122257186","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":"ON THE REDUCTION OF LEGAL EXPENSES FOR PROFESSIONAL LEGAL ASSISTANCE\u0000IN ECONOMIC PROCEEDINGS","authors":"D. Riabov","doi":"10.15421/392176","DOIUrl":"https://doi.org/10.15421/392176","url":null,"abstract":"In this article, the author highlights the problems of improper application by national courts of the European Court of Human Rights practices. The author notes that the current Code of Commercial Procedure of Ukraine does not provide for an independent reduction by the court of expenses for professional legal assistance, unless the other party has filed a corresponding petition and proved their incommensurability, which fully reflects consolidation of the adversarial principle of parties in economic proceedings. At the same time, having reviewed the judicial practice of the Supreme Court, there is a discrepancy in judicial practice regarding the reimbursement to the party in favor of which the court has founded of the legal expenses for professional legal assistance. In certain court decisions, there is incorrect implementation of the European Court of Human Rights judicial practices to reduce the reimbursement to the party in favor of which the court has founded of the legal expenses for professional legal assistance. For the most part, this is the case of “East / West Alliance Limited vs. Ukraine”. Considering the above, the author conducted a study of the sources of law that regulate the procedure for legal proceedings in the European Court of Human Rights. Based on the results of this study, the author found that the European Court of Human Rights is entitled to reduce the amount of legal expenses, including those for legal assistance, to be reimbursed to the party in favor of which the court has founded, if the court considers this amount unfair. However, the provisions of the Code of Commercial Procedure of Ukraine, the Code of Civil Procedure of Ukraine and the Code of Administrative Procedure of Ukraine do not mention that the courts are empowered to independently reduce the amount of legal expenses for professional legal assistance to the party in favor of which the court has founded. The author notes that this practice leads to violation of the following principles of economic legal proceedings: the rule of law, adversarial principle of the parties and reimbursement to the party in favor of which the court has founded of the legal expenses. Moreover, the author notes that in this case, Part 2 of Article 19 of the Law of Ukraine “On International Treaties” cannot be applied, since the right of the European Court of Human Rights to reduce the amount of reimbursement for legal expenses is established not by an international treaty, but by sources of “soft law” that regulate the procedure for legal proceedings in the European Court of Human Rights and, accordingly, is not a Ukrainian source of law.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134139460","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 COMMISSION ON LABOR DISPUTES FUNCTIONING: CHALLENGES AND PROSPECTS","authors":"O. Checheliuk","doi":"10.15421/392180","DOIUrl":"https://doi.org/10.15421/392180","url":null,"abstract":"The article highlights the research issues of the legal status of the commission on labor disputes in terms of the current legislation of Ukraine. The author provides a general description of the commission on labor disputes, its features and functions, investigates the range of issues to be considered by such a commission, and describes the procedure for their consideration. Based on the general characteristics of the legal status of the commission on labor disputes, the author analyzes the challenges facing the commission in modern conditions. The main problems of the commission on labor disputes functioning include: the imperfection of the legal status of it, in particular, the powers of the commission on labor disputes; lack of a parity approach to the formation of the commission on labor disputes, taking into account both the interests of employees and the employer; the imperfection of the procedure for consideration of labor disputes; lack of a clearly defined procedure for appealing the decision of the commission on labor disputes and the liability for failure to establish a commission on labor disputes. Prospects for the commission on labor disputes further functioning as a pre-trial method of protection of labor rights of employees are suggested. The author substantiates the ways to improve the legislation governing the legal status and functioning of the commission on labor disputes. The main directions of improving this commission functioning are: increasing the efficiency of the commission activity, taking into account the interests of employees and employers; development of the commission on labor disputes as a pre-trial body, which must be formed on a parity basis, granting employees and the employer equal participation in resolving labor disputes; determination of the requirements for the commission members (level of education, work experience, specialization, etc.); introduction of a unified system in terms of which the commission on labor disputes could make legal decisions; defining liability for failure to create a commission on labor disputes. The author concludes that if the current legislation of Ukraine is reformed in part of the legal status and functions of the commissions on labor disputes, their activities will become more efficient in modern conditions, and this will promote resolving individual labor disputes and protecting labor rights more effectively.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121390492","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":"REGARDING THE ORIGINALITY OF THE PRINCIPLES OF ADMINISTRATIVE AND LEGAL MAINTENANCE OF PUBLIC SECURITY","authors":"O. Panova","doi":"10.15421/012182","DOIUrl":"https://doi.org/10.15421/012182","url":null,"abstract":"The article defines the essence and content of the principles of administrative and legal maintenance of public safety in Ukraine. It has been established that the effectiveness and efficiency of the entire system of principles of administrative and legal maintenance of public safety depends on their consolidation at the level of the relevant regulatory legal acts (which guarantee their legality) and the availability of a mechanism for their implementation (which is a condition for achieving the goal and the basis for assessing the compliance of the results). Considering that the system of principles of public safety is not enshrined in any legal acts, it has been emphasized on the importance of developing a draft Law of Ukraine “On Public Safety”, which should provide an exhaustive list of principles that will ensure proper observance of rights and freedoms of citizens, the legitimate interests of society and the state, to take timely measures to respond to its violations. It has been substantiated that the process of forming the sphere of ensuring public safety in Ukraine has not yet been finally completed; the most acceptable approach would be to systematize the principles according to three criteria: 1) the general principles that characterize the affiliation of the institution of ensuring public security in the administrative and legal sphere, determine the key principles for the formation and implementation of state policy in the field of ensuring public security; 2) basic principles that reveal the essence of administrative and legal support of public security as a component of national security; 3) specific principles, the observance of which creates the necessary prerequisites for the activities of subjects of public security maintenance. It has been established that in the context of the rapid growth of the importance of international activity standards in the process of maintenance of public security, the content of the principle of “flexibility” consists in the timely response of public security actors to threats that may occur, and the implementation of a number of measures to adapt domestic legal norms to the here and now realities. It has been noted that the protection of human and civil rights and freedoms remains a priority task for any subject of ensuring public security and is considered as basic for the entire institution of administration.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129781509","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":"SUBJECTS OF ADMINISTRATIVE OFFENSES IN THE FIELD OF ENSURING ROAD SAFETY, RECORDED IN AUTOMATIC MODE","authors":"O. Bytiak","doi":"10.15421/012181","DOIUrl":"https://doi.org/10.15421/012181","url":null,"abstract":"The scientific article is devoted to the study of the issue of proper regulation of the subjective composition of offenses in the field of road safety, recorded automatically, and the harmonization of its legal definition with the general legal principles and presumptions of administrative liability. The article analyzes the national legislation and provides conclusions on the feasibility and effectiveness of legislative changes in this area in retrospect, namely – from the introduction of liability of owners (co-owners) of vehicles to the current regulation of the category of persons liable for traffic offenses, recorded automatically. Theoretical preconditions for legislative consolidation of liability of persons for whom the vehicle is registered, in the case of automatic detection of traffic violations, were created in 2008 and developed in stages. The direct introduction of such responsibility is connected with the adoption in 2015 of the Laws of Ukraine “On the National Police” and “On Amendments to Certain Legislative Acts of Ukraine on Improving the Regulation of Relations in the Sphere of Road Safety” (№ 596-VIII). At the same time, the practical implementation of innovations began only on June 1, 2020 and was expressed in the repeated unjustified introduction of liability of vehicle owners, the inadmissibility of which was emphasized by the Constitutional Court of Ukraine in the Decision of 22.12.2010. That is why the article focuses on the need to bring the provisions of the Code, which define the range of subjects of traffic violations, recorded automatically, in accordance with the Constitution of Ukraine, the Code of Administrative Offenses and the conclusions of the CCU, and the primary observance of the rights of persons who are held administratively liable for this type of misdemeanors. The purpose of the article is to study the legal status of a special subject of administrative offenses in the field of road safety, recorded automatically; identifying gaps in the legislative definition and streamlining of the subjective composition of offenses in this area.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123622711","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":"CLOSURE OF CASSATION PROCEEDINGS AS A CONSEQUENCE OF VIOLATION OF THE RULES OF ADMISSIBILITY OF A CASSATION APPEAL IN ADMINISTRATIVE PROCEEDINGS","authors":"N. V. Tkachuk","doi":"10.15421/012184","DOIUrl":"https://doi.org/10.15421/012184","url":null,"abstract":"The article is stipulated, that the closure of cassation proceedings is a special kind of completion of the administrative proceedings, which identify new circumstances that significantly change those that existed at the time of the opening of cassation proceedings, and were the basis for accepting the cassation appeal for consideration. The analysis of law enforcement practice made it possible to identify imperfections in the legal regulation of the closure of cassation proceedings, which negatively affects the admissibility of the cassation appeal and the person’s access to justice, ways to eliminate which we’ll try to find in this research. The purpose of the article is to determine the peculiarities of law enforcement in closing cassation proceedings. Writing the article, the author used a set of general scientific and special legal methods of intellection, which provided a comprehensive, systematic study and obtaining reliable results of its implementation, namely: the dialectical method, the method of systematization, comparative law and formal law methods, as well as the technical law method. The article proves that the circumstances that are the grounds for closing the cassation proceedings should be checked at the stage of resolving the issue of initiating cassation proceedings, and their inclusion in the grounds for closing the cassation proceedings is an additional mechanism for applying cassation filters to the complaint. It is concluded that the existence of such a mechanism is justified by the fact that much of the cassation filters relate to the substantive aspect of the cassation appeal, therefore, they cannot always be effectively applied to the opening of cassation proceedings. The preparation of the case for trial involves a detailed examination of its content by the court, and therefore the presence of a mechanism for the application of cassation filters also after the acceptance of the cassation appeal for proceedings, is a justified means of filtering cassation appeals. According to the results of the study of judicial practice of decision-making of the closure of cassation proceedings, some gaps in the legislation were identified, which are proposed to be filled with appropriate norms, which should improve the efficiency of the process of resolving the issue of admissibility of the cassation appeal, in particular, to expand the list of requirements to the cassation appeal and the consequences of their non-compliance, to supplement the grounds for closing the cassation proceedings.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117310902","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":"BUYING GOODS ONLINE IN UKRAINE","authors":"N. Butryn-Boka","doi":"10.15421/392132","DOIUrl":"https://doi.org/10.15421/392132","url":null,"abstract":"","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133565376","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 ROLE OF INTERNATIONAL RELIGIOUS ORGANIZATIONS IN THE PROCESS OF RELIGIOUS LEGAL RELATIONS","authors":"M. Kravtsova, T. Datsiuk","doi":"10.15421/392129","DOIUrl":"https://doi.org/10.15421/392129","url":null,"abstract":"Both legal and religious responsibilities have a positive and a negative aspect of implementation. The reasons for the contradictions between the norms of religion are due to the following factors: uneven development and change of legal and religious norms, the lack of religious regulation of radical ways to change existing religious rules of conduct; features of the content of the legal norms themselves. The norms of religion are more related to the requirements of duties and prohibitions, and to a lesser extent to permission. The definition of religious actors is given and the existing religious actors and their role in the regulation of religious relations are considered. Also, when studying the spheres of activity of one or another, the following characteristics are identified: religious actors in defending their interests are sometimes not able to directly influence the adoption of specific political decisions; they achieve a systemic effect, which consists in “the dissemination of certain knowledge and values, raising awareness of the problem and changing the mass attitude to it, the development of public institutions”. As intercultural, intercivilizational and interreligious interactions intensify, such actors of world politics as representatives of traditional world religions begin to play a special role. Transnational religious actors are often the most authoritative participants in world processes. Religious actors are able to influence the values, behavior and collective choices of large groups of people.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115783615","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":"TRENDS IN THE FORMATION OF ORGANIZATIONAL AND LEGAL FOUNDATIONS FOR THE FUNCTIONING OF THE ARMED FORCES OF UKRAINE IN RECENT HISTORY (1991–2021)","authors":"S. Melnyk","doi":"10.15421/392130","DOIUrl":"https://doi.org/10.15421/392130","url":null,"abstract":"","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116098249","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":"ESTABLISHMENT OF UKRAINIAN LEGISLATION ON LAND PROTECTION","authors":"T. Overkovska","doi":"10.15421/392135","DOIUrl":"https://doi.org/10.15421/392135","url":null,"abstract":"","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114782235","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}