Actual problems of native jurisprudence最新文献

{"title":"PRINCIPLES OF ADMINISTRATIVE PROCEDURAL LAW, TAKING INTO ACCOUNT THE PROVISIONS OF THE DRAFT LAW “ON ADMINISTRATIVE PROCEDURE”","authors":"A. Sharaia","doi":"10.15421/392165","DOIUrl":"https://doi.org/10.15421/392165","url":null,"abstract":"The article describes the content of the principles of administrative procedural law, taking into account the provisions of the draft law “On Administrative Procedure”. It is substantiated that in the administrative-legal science the generally accepted concept of the principles of administrative-procedural law is not formed. This is the reason for discussions about their list and content, the role in the relevant sub-branch of administrative law. Therefore, there is an urgent need to study this basic concept of administrative law for branch science. Emphasis was placed on the need to adopt a “basic” special law that would define the general rules of administrative- procedural relations. Such a law should establish a list of relevant principles, as well as disclose their content. The results of modern domestic normative design work in the context of consolidating the principles of administrative procedures are analyzed. The peculiarities and shortcomings of consolidating the principles that are the basis of administrative- procedural relations are highlighted. The principles of administrative procedural law include: the rule of law; legality; equality of participants before the law; use of authority for a proper purpose; validity and certainty; impartiality (impartiality) of the administrative body; good faith and prudence; proportionality; openness; timeliness and reasonable time; efficiency; presumption of legality of actions and requirements of a person; officialism; guaranteeing the right of a person to participate in administrative proceedings; guaranteeing effective remedies; state language and accessibility. They complement each other and formulate a universal basis for the regulation of all administrative and procedural relations.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132165654","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":"STANDARDS OF FAIR JUSTICE IN ECONOMIC COURTS IN CONDITIONS OF REFORM","authors":"L. Nikolenko","doi":"10.15421/392152","DOIUrl":"https://doi.org/10.15421/392152","url":null,"abstract":"The purpose of this article is to study the problematic issues related to the implementation of fair justice standards in economic courts and to develop possible ways to solve them. The article states that in connection with the proclamation of the course of integration into the European Community and the approximation of the Ukrainian legal system to European and world standards, the introduction into Ukrainian law of provisions that exist for some time in international law is one of the important steps towards this goal. Ukraine’s accession to international conventions, taking into account international case law are one of the conditions for Ukraine’s transition to full-fledged market relations, sustainable economic development, as well as ensuring stability in economic activity, which is the most pressing problem in modern times. It is emphasized that fair justice cannot be administered at the national level without defining the institutional system. That is, the judiciary can be only organizational and financially independent bodies that are created and operate on the basis of law. It is noted that the element of fair justice is possible to determine the principle of procedural equality of the parties, which is defined as an integral element by which each party is given a reasonable opportunity to participate in the proceedings. Emphasis is placed on the principles of competition, accessibility and publicity. It was emphasized that not only the consideration of the case in court, but also other elements of the proceedings should be public. Of particular importance is the availability of judicial acts for public review, the publicity of the final stage of the proceedings. It is noted that the elements of the standard of fair justice have their own characteristics, due to the level of economic and social development, national and cultural traditions. At the same time, it is emphasized that there is a convergence of justice systems, due to the common problems that arise in today’s globalized world. In Ukraine, standards of fair justice must be implemented taking into account national characteristics and traditions. Conclusions and suggestions are made.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127758814","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 QUESTION OF THE GROUNDS FOR FAMILY RELATIONS IN LEGAL DOCTRINE","authors":"I. Kostiashkin","doi":"10.15421/392150","DOIUrl":"https://doi.org/10.15421/392150","url":null,"abstract":"In the scientific article the author considers the question of the grounds for the emergence of family relations in the family law doctrine. On the basis of the conducted research in the scientific article it is established that there are the following bases of occurrence of family relations, family rights and duties of participants of these relations: 1) lawful legal actions: the emergence of a de facto marriage; leaving the family in connection with the establishment of a separate residence of the spouses; non-removal of the child from the maternity hospital by the parents; acquisition of property; concluding an agreement between the parents on the child's place of residence; adoption of a child; adoption; state registration of marriage or residence by one family without marriage between the child's father (mother) and stepmother (stepfather); 2) illegal legal actions: marriage to a person who is already married; evasion of alimony; concluding a fictitious marriage; non-fulfillment of the obligation to register the child; nonsupport; refusal to grant permission for the child to go abroad without sufficient grounds; 3) legal actions to achieve the legal consequences of which require compliance with the procedure: marriage, voluntary recognition of paternity, adoption, divorce, marriage contract; 4) legal acts (transactions, including family contracts, administrative acts, including bodies of state registration of civil status, court decisions on granting the right to marry between the adopter's own child and the adopted child, as well as between children who have been adopted court decision to declare the marriage invalid, etc.); 5) legal events: the birth of a child or the death of a person; the child reaches a certain age; declaring a person dead. A variety of legal events in family law are also recognized terms established by law, contract of the parties or court decision; 6) legal status: kinship, kinship, pregnancy, incapacity for work, cohabitation, paternity, etc .; 7) legal fictions: recognition of marriage as invalid or unconcluded; recognition of property acquired during the marriage as joint joint property of the spouses; establishment of the regime of separate residence of the spouses; determining the origin of a child born as a result of the use of assisted reproductive technologies.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114779077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL PROTECTION OF THE CONSTITUTIONAL RIGHT TO HOUSING","authors":"O. Chaikovskyi","doi":"10.15421/392149","DOIUrl":"https://doi.org/10.15421/392149","url":null,"abstract":"Human rights as a phenomenon are, undoubtedly, the most important achievement of the modern era and the key element of civilizational development of global community; however, the range of duties that correspond to human rights must be taken into account as well. One of the major subjects in this system is the state, which bears the highest responsibility for protecting constitutional rights of its citizens. The “constitutional state” category used to characterize states with a sophisticated legal system is simultaneously distinguishable for high level of economic development, broad dissemination of democratic ideals and the priority of universal human values. However, this system is built on clearly defined legal priorities. The right to remedy is the measure and the guarantor of democratic society. With the proclamation of Ukraine as an independent state, the right of everyone to legal remedy became one of the fundamental, constitutionally guaranteed human rights. The human and citizen right to legal remedy belongs to the category of civil rights, and moreover, it contains a legal guarantee against abuse of power by particular persons, as well as by the government. Also, Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right for an effective legal remedy. Embodied in the constitutions of the majority of developed states, it occupies a prominent place in the structure of the legal-constitutional status of a person and represents an indispensable factor. The right to justice is reflected in the fundamental principles of the judiciary. Therefore, this right consists of the following elements: accessibility of justice; the right to appeal and cassation appeal of court judgments; independence and impartiality of courts; equality of all participants of a judicial proceeding before law and court; the right to remedy; publicity of court trials; trial of the case in the shortest possible time provided by law. At the same time, protection of the right to housing necessitates fast resolution of disputable legal issues in certain cases, which court trials sometimes cannot guarantee.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125522568","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":"RELATIONS BETWEEN THE GOVERNMENT OF P. SKOROPADSKY AND THE REPRESENTATIVES OF GERMANY IN THE PROCESS OF CREATION OF THE AGRICULTURAL LEGISLATION (APRIL-NOVEMBER 1918)","authors":"O. Voloshko","doi":"10.15421/392141","DOIUrl":"https://doi.org/10.15421/392141","url":null,"abstract":"","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130365843","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 QUESTION OF THE DEFINITION AND ESSENCE OF THE PRINCIPLES\u0000OF CRIMINAL EXECUTIVE LAW","authors":"D. Pylypenko","doi":"10.15421/392167","DOIUrl":"https://doi.org/10.15421/392167","url":null,"abstract":"The article is devoted to defining the concept and essence of the principles of criminal executive law. The article analyzes the general theoretical concepts for defining the term “principles of law”. The author’s positions of the compilers of explanatory, etymological and other dictionaries on the definition of the principles of law are considered. The positions of domestic scholars in the field of criminal executive law on this issue are studied. It is noted that most definitions of the principles of criminal executive law are based solely on one aspect of criminal executive reality, which is the activity of execution of punishments. Based on this area of criminal executive activity, an idea of the current, basic provisions of the current criminal procedure law has been formed. The article emphasizes the mandatory consideration of such a direction as serving a sentence when determining the key, fundamental provisions of criminal executive law, taking into account the category of principles. This direction actually embodies the subjective composition, which according to the specifics of criminal-executive relations belongs to the sphere of serving sentences. First of all, this direction is related to the person of the convict, as well as other persons involved in this process. This category of persons also includes representatives of local authorities, self-government, public and religious organizations, etc. The article focuses on and expresses the author’s position on the definition of the principles of criminal executive law and mandatory consideration of key elements that fully reflect their essence. Such elements include the perception of principles as: 1) fundamental, conceptual ideas of the relevant branch of law; 2) criteria of subjective, human perception of events, phenomena within certain legal relations; 3) key elements of the structure and functioning of legal mechanisms. Given this, the principles of criminal executive law have the following meanings: a) doctrinal; b) perceptual; c) regulatory. The proposed elements fully reflect the substantive component of the principles of criminal executive law.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133966574","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":"INTERACTION OF THE BODIES OF THE NATIONAL POLICE OF UKRAINE WITH THE MASS MEDIA, THE PUBLIC, STATE BODIES AND NON-GOVERNMENTAL STRUCTURES IN COUNTERACTING CRIMES COMMITTED BY ORGANIZED GROUPS AND CRIMINAL ORGANIZATIONS FORMED ON AN ETHNIC BASIS","authors":"V. Sevruk","doi":"10.15421/392168","DOIUrl":"https://doi.org/10.15421/392168","url":null,"abstract":"The article comprehensively considers the issues of interaction of the National Police of Ukraine with the media, the public, government agencies and non-governmental organizations in combating crimes committed by organized groups and criminal organizations that are formed on an ethnic basis. The article also emphasizes that the formation of the Ukrainian state an effective mechanism for combating organized groups and criminal organizations, which are formed on an ethnic basis, is impossible without understanding the essence of the problem, relevant statutory concepts and classification and identification of organized ethnic crime. work of law enforcement agencies and the state. Accordingly, the main duty of law enforcement agencies is the timely detection, prompt detection and investigation of crimes committed by organized groups and criminal organizations that are formed on an ethnic basis, which is impossible without effective and coordinated cooperation of all bodies. The analysis of the researched scientific problems of counteraction to crimes committed by organized groups and criminal organizations, which are formed on ethnic basis, now necessitates further research in various directions, in particular in the aspect of internal and external interaction of law enforcement agencies of Ukraine. Thus, for the effective interaction of law enforcement agencies in combating crimes committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and sale of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. In this regard, the article also analyzes in detail some forms of interaction of the National Police of Ukraine with the media, the public, government agencies and non-governmental organizations, recommends the most effective organizational areas, methods and techniques of interaction, as well as recommendations for its improvement.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131805274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL PROVISION OF TECHNICAL REGULATION AS A KIND OF SCIENTIFIC ACTIVITY","authors":"D. V. Smernytskyi","doi":"10.15421/012183","DOIUrl":"https://doi.org/10.15421/012183","url":null,"abstract":"The article considers the legal support of technical regulation as a type of scientific activity. It is established that scientific activity is an intellectual creative activity aimed at obtaining new knowledge and (or) finding ways to apply them, the main types of which are basic and applied research. Scientific research and scientific and technical (experimental) developments conducted in order to obtain scientific, scientific and technical (applied) results are defined as scientific (scientific and technical) work, the main type of which is, including research work, as well as other work related to bringing new scientific and scientific and technical knowledge to the stage of practical use. The scientific result obtained in the process of applied scientific research may be in the form of a draft legal act, regulatory document or scientific and methodological documents. It is determined that in the field of technical regulation the normative-legal documents are mainly technical regulations. A technical regulation is a legal act that defines the characteristics of products or related processes and methods of production, including the relevant administrative provisions, compliance with which is mandatory. Regulatory documents to ensure technical regulation include documents that establish rules, guidelines or characteristics for the activity or its results, namely: national standards and codes of practice adopted by the national standardization body; standards, codes of practice and technical conditions adopted by enterprises, institutions and organizations that carry out standardization. National standards, codes of practice and changes to them are developed on the basis of scientific achievements, knowledge and practice. It is investigated that technical regulation, defined as legal regulation of relations in the field of definition and fulfillment of obligatory requirements to product characteristics or related processes and production methods, as well as verification of their observance by conformity assessment and / or state market supervision and control nonfood products or other types of state supervision (control), can be attributed in general to the type of scientific activity in which the relevant regulations and regulations are developed.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133637415","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":"CERTAIN LEGAL ASPECTS OF PRACTICAL COMPETENCIES’ FORMATION\u0000FOR APPLICANTS OF LEGAL EDUCATION","authors":"I. Kravchenko","doi":"10.15421/392143","DOIUrl":"https://doi.org/10.15421/392143","url":null,"abstract":"One of the Ukraine’s priorities is to create effective mechanisms for improvement of training system in the legal sphere. Successful solutions of these problems, as well as ongoing reforms in all areas related to the training of highly qualified legal personnel in the country, the formation of civil society and implementation of the rule of law in the domestic legal system, require further improvement and raising legal education to a new level, compliance with international standards. It should be noted that a number of important steps have been taken in Ukraine to improve legal education, but this issue is currently urgent and is being discussed not only by the academic community, but also by representatives of the legal professions and communities. Ukraine’s European integration intentions and the prospect of its membership in the European Union have set a double challenge for the domestic legal education system. On the one hand, the internationalization of the economy and the formation of a common market for services have added to the problems of higher education such an aspect as the need to provide quality legal education that would meet the needs of the labor market. On the other hand, the formation of specialists with sustainable practical skills by improving the mechanisms of academic mobility based on interethnic cooperation, innovative teaching methods, continuing the development of clinical education, forming a mechanism for non-formal education in the educational process, forming and improving internship programs, expanding practice-oriented courses and the role of the applicant’s independent work as a basis for the formation of future lawyers able to act quickly in changing living conditions. Acquisition of practical skills can be divided into several groups: 1. Acquisition of practical skills in classes through the use of innovative teaching methods. 2. Formation of practical skills at the objects of internship (court, prosecutor’s office, advocacy, legal departments of enterprises, organizations, institutions, agricultural holdings). 3. Informal legal education, when the applicant independently develops their professional and practical skills through individual courses, internships, webinars, training in summer and winter law schools. The need to improve the paradigm of legal education is to move away from educational programs focused on content to educational programs focused on program learning outcomes, which will relate to the formation of general and professional competencies, the main purpose of which is the ability to effectively and responsibly solve legal problems, form professional skills for legal education applicants, lifelong learning skills, analytical skills, etc. Modern legal education should be action-oriented, i.e. it does not establish what should be studied, but establishes what competencies a person should have after graduation.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"240 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116354045","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":"CONSTITUTIONAL ORDER IN UKRAINE: THEORETICAL JUSTIFICATION\u0000AND MEASUREMENT CRITERIA","authors":"O. Melenko, L. Vdovichena","doi":"10.15421/392148","DOIUrl":"https://doi.org/10.15421/392148","url":null,"abstract":"This article substantiates the place and role of the constitutional order in the social system in general and the European integration course of Ukraine in particular. A categorical analysis of the definition of «constitutional order» is made and the author's definition is proposed, which, in contrast to the existing ones, is based on the provisions of the theory of synergetics and self-organization of complex systems. In particular, constitutional law and order should be understood as a historically determined, mobile and self-organized meta-institutional system formed on the basis of natural selection of informal norms-rules of a particular society and their further constitution, the elements of which are constitutional norms-principles and mechanisms of coercion, which are developed and implemented by the political power. A system of criteria for assessing the constitutional order has been developed and a system of quantitative and qualitative indicators (indices) capable of characterizing the state and dynamics of its development has been presented. The system of criteria for assessing the constitutional order is formed by such indicators as the legitimacy of legal relations, the legitimacy of institutions, the legitimacy of government and national security. It is proposed to include such authoritative international indices as the Crime Index, the Rule of Law Index, the Corruption Perceptions Index, the Inefficient Government Bureaucracy Index, the Trust in Government Index, the Political Rights Index and the Security Threats Index. The state of the constitutional order in Ukraine in 2020 has been analyzed and numerous problems in this area are identified (corruption, inefficient bureaucracy, lack of trust in the government and the prevalence of challenges and threats to national security). Mechanisms (levers and tools) of influence and development of the system of constitutional order are systematized. The system of mechanisms of influencing the constitutional order is formed by normative (amendments to the Constitution), functional (system of responsible institutions and organizations with the relevant functions of protection of the Constitution and ensuring the implementation of constitutional norms-principles) and instrumental (system of measures and methods, including persuasion and coercion, recommendations and encouragement, information and contractual regulation) levers and tools.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123683003","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}