Actual problems of native jurisprudence最新文献_第8页

METHODS OF PROVING EVIDENCE IN CASES OF VIOLATION OF CUSTOMS RULES 违反海关规章案件的举证办法

Actual problems of native jurisprudence Pub Date : 2021-06-01 DOI: 10.15421/392164

O. Cherniavska

{"title":"METHODS OF PROVING EVIDENCE IN CASES OF VIOLATION OF CUSTOMS RULES","authors":"O. Cherniavska","doi":"10.15421/392164","DOIUrl":"https://doi.org/10.15421/392164","url":null,"abstract":"The article is devoted to the study of methods of proof in cases of violation of customs rules. It is stated that proof in any process is important because it helps to establish the truth and determine the guilt or innocence of a person. It is emphasized that in cases of violation of customs rules the process of proof is endowed with a number of features related to legal regulations, the subject composition of the participants, the procedure, which in turn necessitated the study of methods of evidence in cases of violation of customs rules. The attribution to the list of evidence in cases of violation of customs rules is substantiated at the normative level: 1) protocols (on violation of customs rules, procedural actions, appendices to them); 2) explanations of: witnesses, the person who is brought to responsibility: 3) conclusions of the expert; 4) other documents (duly certified copies or extracts from them); 5) information (including that in electronic form); 6) goods (direct objects of violation of customs rules; with specially made storages (hiding places) used to hide direct objects of violation of customs rules from customs control; vehicles used to move direct objects of violation of customs rules across the customs border of Ukraine). It is stated that the method of proof is an important theoretical component with an undoubted applied value for objective and prompt consideration and resolution of cases of violation of customs regulations. It is proposed to consider the method of proving in cases of violation of customs rules as a normatively established set of actions aimed at revealing the truth in cases of violation of customs rules on the basis of analysis of valid facts. The structural elements of the method of proving in cases of violation of customs rules are singled out, which include: 1) inspection; 2) analysis; 3) comparison.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"17 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":"134193444","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 ACTIVITY AS AN OBJECT OF PUBLIC ADMINISTRATION 作为公共管理对象的科学活动

Actual problems of native jurisprudence Pub Date : 2021-06-01 DOI: 10.15421/392157

T. Bilous-Osin

{"title":"SCIENTIFIC ACTIVITY AS AN OBJECT OF PUBLIC ADMINISTRATION","authors":"T. Bilous-Osin","doi":"10.15421/392157","DOIUrl":"https://doi.org/10.15421/392157","url":null,"abstract":"The article deals with the study of scientific activity as an object of public administration. Attention is paid to the retrospective of legal regulation: 1) the subject of the central executive body, which competence includes the sphere of scientific activity and / or the sphere of science; 2) the sphere of scientific activity and / or the sphere of science as objects of legal regulation. It was found that the concept of «field of science» is not defined at the legislative level in Ukraine, and in the case of mentioning this concept in previous editions of relevant legislation, it was meaningfully about scientific activity. It is substantiated the thesis, that regardless of how the central body of executive power, which subject is scientific activity, was named, the qualitative and meaningful content of its competence in the field of science cannot be detailed solely through the provisions of scientific activity. It is determined that the sphere of science and the sphere of scientific activity are interconnected; the concept of «scientific activity» a priori reflects the procedural aspect, as a kind of social activity; the content of public administration in the field of science should relate to the choice of meaningful research guidelines, priorities for scientific research and compliance with globalization, and public administration in the field of science – to ensure proper ordering and creating conditions for intellectual creativity aimed at gaining new knowledge and (or) search for ways to apply them. It is established that scientific activity as an object of public administration is an integral formation, which structurally consists of such elements as: a) social relations with regards to scientific activities (for example, determining the order of functioning of scientific institutions); b) public relations with regards to the creation of conditions for improving the effectiveness of scientific research and the use of their results to ensure the development of all spheres of public life (for example, protection of intellectual property rights to scientific results); c) public relations with regards to the creation of conditions for conducting scientific activities (for example, ensuring the status of subjects of scientific activity).","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"1 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":"130173592","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 EXPERIENCE OF LEGAL REGULATION OF THE DEVELOPMENT OF THE DIGITAL ECONOMY ON THE EXAMPLE OF THE LEADING COUNTRIES OF THE WORLD 数字经济发展的法律规制经验——以世界主要国家为例

Actual problems of native jurisprudence Pub Date : 2021-06-01 DOI: 10.15421/392171

Yaroslav Kostiuchenko

{"title":"THE EXPERIENCE OF LEGAL REGULATION OF THE DEVELOPMENT OF THE DIGITAL ECONOMY ON THE EXAMPLE OF THE LEADING COUNTRIES OF THE WORLD","authors":"Yaroslav Kostiuchenko","doi":"10.15421/392171","DOIUrl":"https://doi.org/10.15421/392171","url":null,"abstract":"The article is devoted to the experience of legal regulation of the digital economy on the example of the world's leading countries. The main spheres and branches of the digital economy that are the subject of legal regulation in the leading countries of the world are identified. A review of acts of legislation of foreign countries governing certain areas and types of legal relations covered by the concept of \"digital economy\". The opinion is substantiated that the development of the digital economy and its spread have set before the leading countries of the world a priority task to ensure the legal regulation of the relevant processes. The author examines the legislation of such foreign countries as Australia, Great Britain, Italy, France, USA, Japan and others, which defines the basic concepts and terms in the digital economy, establishes the legal regime of digital technology in the economy. It is argued that the peculiarity of the legislation of foreign countries in the study area is that it pays special attention to ensuring the protection of human rights, prevention of cyberattacks. The author describes international and European acts in the field of regulating the development of the digital economy. Based on the review of international law, it was found that its main achievements are: the formation and unification of terminological and conceptual apparatus, regulation and generalization of rules for concluding contracts in electronic form, determining the legal force of notifications and data transmission. used in the conduct of activities in the field of e-commerce, as well as measures to protect consumer rights. Based on the analysis of the experience of foreign countries in the field of digital economy regulation, a number of recommendations have been developed to improve national legislation in the field of digital economy regulation. It is substantiated that the primary task is to plan legislative activities in this area, which will ensure the consistency and orderliness of the adoption of relevant legal acts in the field of digital economy regulation.","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":"126875642","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: 1

IMPROVING PREVENTION OF BRIBERY IN PUBLIC SPHERE OF MANAGEMENT 加强对公共管理领域贿赂行为的预防

Actual problems of native jurisprudence Pub Date : 2021-05-07 DOI: 10.15421/392139

V. Tsytriak

引用次数: 0

TO THE QUESTION OF PROBLEMS OF PROTECTION OF EXCLUSIVE PROPERTY RIGHTS ON MEANS OF INDIVIDUALIZATION OF GOODS AND SERVICES 以商品和服务的个性化为手段的专有权保护问题

Actual problems of native jurisprudence Pub Date : 2021-05-07 DOI: 10.15421/392133

O. M. Voloshchenko

引用次数: 0

LIABILITY OF THE PARTIES UNDER THE FORFATTING AGREEMENT 双方在格式化协议项下的责任

Actual problems of native jurisprudence Pub Date : 2021-05-06 DOI: 10.15421/392131

V. V. Andriienko

引用次数: 0

PROCEDURAL SOURCES OF EVIDENCE IN CRIMINAL PROCEEDINGS RELATED TO CRIMINAL OFFENSES 与刑事犯罪有关的刑事诉讼中的程序性证据来源

Actual problems of native jurisprudence Pub Date : 2021-05-05 DOI: 10.15421/392137

I. Bespalko

引用次数: 0

INTERACTION OF INVESTIGATIVE AND OPERATIONAL SUBDIVISIONS DURING THE PRE-TRIAL INVESTIGATION 在审前调查期间，调查和行动部门的相互作用

Actual problems of native jurisprudence Pub Date : 2021-05-01 DOI: 10.15421/392187

Y. Pavlichenko, O. Pryvydentsev

{"title":"INTERACTION OF INVESTIGATIVE AND OPERATIONAL SUBDIVISIONS DURING THE PRE-TRIAL INVESTIGATION","authors":"Y. Pavlichenko, O. Pryvydentsev","doi":"10.15421/392187","DOIUrl":"https://doi.org/10.15421/392187","url":null,"abstract":"The article clarifies the concept, essence and scientific basis of the investigator’s interaction with operational units; the role of theoretical provisions of interaction of the investigator with operative divisions is defined; the basis of interaction of the investigator with operative divisions is analyzed; modern levels, directions, forms and types of interaction of the investigator with operative divisions are considered; procedural and organizational-tactical aspects of the investigator’s interaction with operational units are revealed; the practical experience of organization and implementation of interaction of the investigator with operative divisions in criminal proceedings is generalized. It is determined that interaction of investigator and operational units in criminal proceedings should be defined as based on laws and regulations, as well as unanimity and agreement of tasks, which provides for effective application of legal measures, forces, forms, methods and tools aimed at effective investigation. The article forms theoretical conclusions, substantiates and highlights the main provisions and statements on improvement of practical principles associated with the interaction of the investigator with operational units during the criminal proceedings. On the basis of analytical researches of normative-legal maintenance of interaction of the investigator with operative divisions the conclusion on expediency of improvement of a normative field for the purpose of proper and timely execution of instructions of the investigator and the prosecutor by operative divisions is made. It is proved that during the execution of the instructions of the investigator, the prosecutor, the employee of the operational unit uses the powers of the investigator. Officers of operational units do not have the right to carry out procedural actions in criminal proceedings on their own initiative or to apply to the investigating judge or prosecutor. Only purposeful and systematic work of the investigator and the operative unit during the implementation of the sections will allow to use the capabilities of both subjects in the process of verification and collection of evidence by covert means effectively. In order to improve the interaction between the investigator and the operative unit at the legislative level, it is recommended to consolidate the right of the operative unit to initiate search and other procedural actions, to improve the procedure of joint investigative actions by the investigator and the operative unit.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115141632","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

INTERNATIONAL EXPERIENCE OF FINANCIAL DECENTRALIZATION: THEORETICAL AND LEGAL ASPECT 财政分权的国际经验:理论和法律方面

Actual problems of native jurisprudence Pub Date : 2021-04-03 DOI: 10.15421/392136

I. V. Mizina

引用次数: 0

DETERMINATION OF MAIN DIRECTIONS OF LEGAL COMPARATIVE RESEARCH IN CRIMINAL LAW 刑法法律比较研究的主要方向确定

Actual problems of native jurisprudence Pub Date : 2021-03-05 DOI: 10.15421/392138

V. H. Zaluzhnyi, Y. Pavlichenko

引用次数: 0