Actual problems of native jurisprudence最新文献

{"title":"JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT","authors":"V. Vedkal","doi":"10.15421/392170","DOIUrl":"https://doi.org/10.15421/392170","url":null,"abstract":"The peculiarities of the jurisdiction of the International Criminal Court – a permanent judicial body established in accordance with the Rome Statute, adopted in 1998 – have been analized in the article. The objective and subjective features of “the most serious crimes of international significance”, such as genocide, crime against humanity, war crimes committed after July 1, 2002, have been studied. The conditions for the International Criminal Court to acquire jurisdiction over the crime of aggression, which it received on the basis of the Kampala Additions to the Rome Statute in 2010, have been considered. The necessity of expanding the jurisdiction of the International Criminal Court by conventional crimes, interpretation of war crimes, crimes against humanity is substantiated. Emphasis is placed on the fact that the International Criminal Court complements national judicial systems and joins when a state is unwilling or unable to initiate criminal proceedings. Such a system, based on the principle of complementarity, imposes on the state the obligation to prosecute those who have committed an international crime. The criteria for determining the measure of punishment and their forms are stated. It is concluded that the problematic issues of the court's functioning include the specification of the form of guilt of crimes falling under the jurisdiction of the International Criminal Court, the qualification of international crimes, the absence of international crimes of international terrorism, ecocide, crimes with biological weapons, the unwillingness of states to ratify the Rome Statute.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"29 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":"126065956","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 PROBLEMATIC ISSUES RELATED TO REIMBURSEMENT OF LEGAL EXPENSES FOR PROFESSIONAL LEGAL ASSISTANCE IN ECONOMIC PROCEEDINGS","authors":"D. Riabov","doi":"10.15421/392153","DOIUrl":"https://doi.org/10.15421/392153","url":null,"abstract":"In this article, the author offers his own author’s definition of the concept of “legal expenses in economic proceedings”, since the current economic procedural provisions lack this definition. Guided by the existing legal doctrine, the author suggests understanding this concept as material costs of participants in economic proceedings related to the resolution of legal disputes referred to the jurisdiction of the economic court, which encourage the parties to resolve the dispute out of court. In summary, this article is devoted to highlighting most of the legislative gaps related to reimbursement of legal expenses for professional legal assistance in economic proceedings. In particular, the problem of the absence in the Code of Commercial Procedure of Ukraine of a list of evidence (documents) confirming the fact of legal expenses for professional legal assistance incurred by a participant in economic proceedings, which may lead to a restriction of the right to reimburse for this type of legal expenses, is highlighted. It is emphasized that the list of evidence that confirms the fact of legal expenses for professional legal assistance incurred by a participant in economic proceedings should be determined by the procedural legislation rather than formed through the prism of judicial practice. It is determined that legislative criteria for a detailed description of works (services rendered) should be clearly established, which should comply with the Law of Ukraine “On Advocacy and Legal Practice”. Based on this, the article proposes to determine the procedure for writing a detailed description of works (services rendered) for each lawyer’s fee rate. It is emphasized to be inappropriate for the parties’ procedural obligation to submit to the court a preliminary (estimated) calculation of legal expenses incurred and expected to be incurred by the parties in connection with the consideration of a particular court case. In addition, this paper highlights the problems of the manifestation of excessive formalism principle in economic proceedings, which implies the court's authority to refuse reimbursement to the party in favor of which the court has founded of the legal expenses for professional legal assistance, if the party has not submitted a preliminary (estimated) calculation of legal expenses, but documented them.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"6 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":"116872632","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 INFLUENCE OF THE ZBORIV MILITARY CAMPAIGN OF 1649 ON THE STATE-BUILDING FACTOR OF THE HETMANSHIP","authors":"Ya.V. Sonko","doi":"10.15421/392145","DOIUrl":"https://doi.org/10.15421/392145","url":null,"abstract":"The article is devoted to the study of the military-tactical course of the Zboriv campaign and its historical and legal consequences. The chronological sequence of the military strategic operation and military-historical aspects of the Battle of Zboriv are also considered. The direct role of the agreement in the history of state and legal phenomena and processes is clarified and outlined. The general significance of the essential causal relations of foreign policy, the formation of the tendency of development of the further essence of legal relations during the years of the national revolution is highlighted. In addition, the article summarizes the main conditions Treaty of Zboriv, its socio-political influence on the territory of the Ukrainian Cossack state, as well as the formation of the historical and legal state-building factor. The consequences of the Zboriv campaign, as one of the stages of the liberation war, embody a complex of social transformations, generalize new forms of state unity, while highlighting a clear awareness of the national self-identification of society. Based on the events of 1649, aspects of Bohdan Khmelnytsky’s state-building program within the ethnic borders of Ukraine were improved, which, in turn, influenced the further evolution of the socio-political system of its form of government and the strengthening of legal diplomatic relations. After all, it was during the national revolution that the perfect form of the regimental-hundredth order of command of the Cossack army was formed, and new strata of the Ukrainian social system appeared, which stimulated the process of improving the national legal system. Subject to the signing of the Zboriv Agreement between the Cossack Hetmanate and the Polish-Lithuanian Commonwealth, the Kyiv, Chernihiv, and Bratslav voivodships came under the jurisdiction of the Cossack administration, where the Cossack judicial system and court jurisdiction were formed. Particular attention is paid to the leading provisions of the treaty and the law-making significance for the further development of the Hetmanate. The fundamental regularities of the origin and functioning of the basic political and ideological principles of national statehood under specific historical conditions are determined.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"12 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":"128130402","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":"INADMISSIBILITY OF ABUSE OF PROCEDURAL RIGHTS IN THE SYSTEM\u0000OF PRINCIPLES OF CIVIL PROCEEDINGS OF UKRAINE","authors":"O. Tymoshenko","doi":"10.15421/392151","DOIUrl":"https://doi.org/10.15421/392151","url":null,"abstract":"The scientific work is devoted to the fundemental of civil procedure in Ukraine such as inadmissibility of abuse of procedural rights. The goal of our scientific research is definition of theoretic aspects of the princilple of inadmissibility of abuse of civil procedural rights, analisis of the main kinds and forms of such abuse, problems of legal reglamentation and realization of this fundemental and effective ways to overcome and prevent the abuse of procedural rights in civil procedure. The high level of this scientific research's actuality depends on different factors, bit we will admit the main ones: 1) the urgent need in Ukraine to supply the access to effective, as fast as possible (without unreasonble delays) justice against the backdropof european integration processes; 2) the large number of complaints against Ukraine to European Court of Human Rights because of violation right to a fair trial; 3)the direct connection between the effective realization of the right to a fair trial and the good faith conduct of parties in the civil case; 4) frequent cases of abuse of procedural rights by parties in the civil cases in order to delay the consideration of a case. The author researched the term of abuse of civil procedural rights through the Ukrainian laws and law doctrine. Also it was differed from other similar legal categories. There were defined the main kinds and forms of abuse of procedural rights in national legal practice. Also there were given the characteristics to the most popular kinds of abuse of procedural rights in Ukraine. The author paid attention to legal gears of overcomming of abuse of procedural rights in civil procedure in Ukraine.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"5 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":"114466327","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":"DIRECTIONS OF DEVELOPMENT OF LAW IN THE FIELD OF INTERNET\u0000OF THINGS (IOT) AND ARTIFICIAL INTELLIGENCE","authors":"O. Kostenko","doi":"10.15421/392161","DOIUrl":"https://doi.org/10.15421/392161","url":null,"abstract":"The number of IoT devices will soon increase to the point of becoming uncontrolled. This, in turn, provokes an increase in large-scale risks of unauthorized access by cybercrime to the credentials of both individuals and legal entities, as well as IoT devices. Today, the technological environment of IoT is heterogeneous as it uses a variety of radio technologies for data transmission, IoT platforms, identifiers, universal identification systems and identification mechanisms and regulations of mostly technical nature. The development of legislation in the field of the Internet of Things and artificial intelligence is extremely important. The paper investigates the directions of development of modern law in the field of Internet of Things (IoT) and artificial intelligence in Ukraine. Modern approaches to the creation of areas of legal regulation in the context of information, civil and criminal law, as well as certain areas of public relations are considered. A review of the legal positions of scholars who study the trends of formation of modern legal views on the development of legislation. It emphasizes the existence of unbalanced and unstructured modernization of national legislation, saturating it with unbalanced legal terminology. There is an urgent need to develop modern definitions in this area and the formation of a modern legal framework that will regulate public relations in the field of identity management, as well as provide the necessary legal regulation of processes Emphasis is placed on the feasibility of creating comprehensive legislation in the field of identity management, which will ensure quality regulation of public relations in the field of identity management and information used to identify sub objects and objects in state registers, databases and information and communication systems. Digitization is becoming an integral factor of modern social relations in which new \"effective\" persons \"in the form of IoT and artificial intelligence, which require humanity to endow them with the rights, duties, responsibilities and other features inherent in a self-sufficient social system. The task of legal professionals is to more effectively shape the foundations of IoT and AI law, anticipating and localizing the risks of uncontrolled globalization of the Internet of Things and artificial intelligence.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"61 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":"126385667","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 CHALLENGES OF GLOBALIZATION AND THEIR IMPACT ON LEGAL EDUCATION","authors":"V. Tkachenko","doi":"10.15421/392146","DOIUrl":"https://doi.org/10.15421/392146","url":null,"abstract":"The article is devoted to studying issues related to determining the impact of globalization processes on legal education. Issues that arise in solving the conceptual problems of educational processes in general and related to the development of educational technologies, economic learning processes and global migration. These trends can contribute to the global unity of national curricula, the internationalization of education and the achievement of the UN Sustainable Development Goals. The author examines the views of scientists on how educational needs change and transform because of the internationalization and technologization of educational processes. Have been determined the characteristics of the competencies that a future lawyer should have, taking into account the influence of globalization factors on the development of professional legal education. The formation of the competencies of the future lawyer, taking into account the impact of globalization on legal education, requires a change in approaches to teaching and learning. Innovative teaching methods are associated with the need for internationalization and technologization of educational processes, which allows you to form a professional with an active life position and communication skills of the future specialist in the field of law, in demand in the labor market. Of course, such approaches in legal education are based on the growing globalization of law and legal practice. The author concludes that innovative methods and technologies will contribute to the training of highly qualified and adapted to modern conditions specialists-lawyers, who will be in high demand in the labor market not only nationally but also globally. The author emphasizes the importance of the role of the lawyer in the formation of modern society.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"71 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":"133075243","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":"SIMPLIFIED PROCEDURE: FOREIGN EXPERIENCE","authors":"O. O. Ivanov","doi":"10.15421/392142","DOIUrl":"https://doi.org/10.15421/392142","url":null,"abstract":"The article examines the experience of some foreign countries in implementing the proceedings of simplified procedure. One of the most common expedited methods of conducting justice in the world is the so-called summary proceedings, which, obviously, comes from the English word “summary”, which means short, brief, and abbreviated. Summary procedures (or proceedings) have some similarities with mandatory and simplified proceedings in the domestic law. The main peculiarity of the summary proceedings consists in the fact that the decision on a particular case is carried out without any court hearing based on analysis of the reliability, admissibility of evidence and assessment of the positions of the parties at the preliminary stage of the process. However, the specific peculiarity, that is the written nature of the proceedings, does not exist in this case. It is due to an oral conversation included that the court conducts with the parties, so, following the previously stated argumentation in terms of clarifying the terminology, the summary proceedings are expedited regarding ordinary procedures, but not simplified. In the countries of the Anglo-Saxon legal family, there is also another specific form of acceleration of civil procedures, which is not common for the Ukrainian legal system that is a concerted decision. The concerted decision is an agreement between parties sanctioned by a court, and it takes an advantage of immunity regarding an indirect appeal (by an additional claim) to the same extent as a decision rendered by a court. The concerted decision is the final act, which concludes the consideration of the case as such. It has been established that in most developed countries of the world the model of the course of justice in civil cases provides for a plurality of expedited procedures, each of which is intended to consider a separate category of cases. In some countries, in order to denote such a type of procedures, they use the general word “particular”, as, for example, in France – procedure particulieres, emphasizing their uniqueness and special peculiarities. In many countries, such special procedures include a procedural mechanism, which is similar to the domestic system of mandatory procedures.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"97 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":"115229378","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":"NORMS OF LAW GOVERNING THE ORGANIZATION AND IMPLEMENTATION OF ENFORCEMENT OF DECISIONS IN UKRAINE, IN THE STRUCTURE OF THE LEGAL SYSTEM OF UKRAINE","authors":"N. A. Serhiienko","doi":"10.15421/392144","DOIUrl":"https://doi.org/10.15421/392144","url":null,"abstract":"In the scientific article the approaches of scientists-lawyers to detecting the place of legal norms, which regulate the organization and functioning compulsory execution of decisions in Ukraine, on the structure of Ukrainian law system. Analytics is made regarding approaches the object of legal regulation in the sphere of organization and functioning compulsory execution of decisions in Ukraine, and the method. In the article is stated, that relations, that take place during organization and functioning compulsory execution of decisions, are very different on their subjects, composition, the scope of regulation inside the organization and functioning compulsory execution of decisions is characterized as complex. The article contains the summary about that fact, that in the sphere of organization and functioning compulsory execution of decisions coercion is used widely. But authorized coercion is not the single or basic method of regulation relations in the sphere of organization and functioning compulsory execution of decisions. Dispositive method of legal regulation is also widely represented in the sphere of organization and functioning compulsory execution of decisions. During the scientific exploration, made inside this scientific article, there has been stated, that legal regulation of relations, connected with organization and functioning compulsory execution of decisions, is grounded on imperative and dispositive cornerstones. As an examples can be demonstrated the right of the person, mentioned as a creditor in an executive document, to file executive document to execution, the right of debtor to offer kinds of properties of objects, he / she wants to be under enforcement primarily. In the scientific article is summarized, that legal norms, which regulate the organization and functioning compulsory execution of decisions in Ukraine form complex branch of domestic law system. Its complexity connected with complexity of object and method of legal regulation within this branch of law. The author of article offers to name this branch of law as “Executive law of Ukraine”.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"71 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":"125277670","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 DISCOURSE ON ENSURING DECENT WORK IN THE DIMENSION OF THE MODERN DOCTRINE OF LABOR LAW OF UKRAINE","authors":"O. Pohorielova","doi":"10.15421/392155","DOIUrl":"https://doi.org/10.15421/392155","url":null,"abstract":"The article examines the problems of implementation and legal support of decent work in the dimension of modern doctrine of labor law. The author substantiates the need to continue the study of decent work in Ukraine in historical and praxeological discourses in order to identify patterns and trends, existing and potential needs for further development of decent work in Ukraine and in the world. The purpose of the study is to highlight the stages of implementation and legal support of the concept of decent work in Ukraine, identify doctrinal and legislative problems in ensuring decent working conditions under the influence of globalization and develop proposals to improve the legal mechanism for ensuring these working conditions in the light of the ILO’s Decent Work Agenda for Ukraine. The article argues that the coverage of the five stages of implementation and legal support of the concept of decent work in Ukraine through the implementation of several ILO’s Decent Work Agendas for Ukraine starting from 2006 to the present, allows to explore in historical and theoretical-praxeological discourse step-by-step institutionalization of the concept of decent work in the science of labor law. Analysis of a large array of legislation on employment, vocational education and training, wages, non-discrimination, occupational safety, social protection and social dialogue, special literature in the field of decent work revealed several problems of doctrinal and legislative nature in ensuring decent working conditions (Permanent recoding of labor law does not allow for new priorities and tasks for labor law in the light of the idea of decent work, frequent change of government does not allow either to start large-scale reforms (concerning the pay system, vocational education and training) or to complete them effectively in the field of employment, labor protection management systems, etc.) Promising areas of further research on the issue of decent work in the dimension of the modern doctrine of labor law of Ukraine are to improve the legal regulation of decent work on the basis of modern methods of discourse analysis.","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":"127740510","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":"UKRAINE – A MARITIME STATE: A CONCEPT OF LEGAL PERSONHOOD\u0000IN THE CONTEXT OF LEGAL (MARITIME) DOCTRINE","authors":"S. Kuznietsov","doi":"10.15421/392162","DOIUrl":"https://doi.org/10.15421/392162","url":null,"abstract":"The article researches the concept of legal personhood in the context of Legal (Maritime) Doctrine of Ukraine as a maritime state. The author points out the existence of various scientific studies that concern definition, context, and depth of the legal personhood notion. However, there is no single generally accepted meaning of it. This greatly complicates the formation of the legal personhood concept in the context of Legal (Maritime) Doctrine of Ukraine as a maritime state. The above said, according to the author, should be regarded as a lack of legal justification, namely the want of legal general theoretical basis for its formation and implementation, including conceptual legal provisions. This defines the relevance of the study conducted in the article. According to the results, the author forms meaning of the definition, context, and depth of the state’s legal personhood notion. He concludes that Ukraine, after joining United Nations Convention on the Law of the Sea in 1982, as an independent and sovereign state acquired certain rights, duties, and responsibilities in the sphere of marine environment development. Thus, it acquired (as a particular collective law entity with general and special capacity) sectoral ‘maritime’ (including international maritime) capacity (as a subject of legal maritime relations, including ‘state-participant’ of the Convention status). It also acquired provisions of the full-fledged participant of the international maritime law (a legal order for the seas and oceans) for realization of the state functions (its social purposes main vectors, tasks, and goals) in the process of marine environment development as an object of state influence and delictual capacity (tort) as an ability to bear legal responsibility for illegal actions and its negative consequences, in particular, to be a defendant in law suits in international (international maritime) jurisdictional bodies. The author marks the scientific necessity and proposes to include the legal personhood concept in the process of formation and implementation of Legal (Maritime) Doctrine of Ukraine as a maritime state.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"14 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":"126040179","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}