Actual problems of native jurisprudence最新文献

{"title":"THE CONCEPT OF TRUST IN THE LAW OF UKRAINE “ON PREVENTION AND COUNTERACTION TO LEGALIZATION (LAUNDERING) OF INCOME FROM CRIMINAL WAYS, FINANCING OF TERRORISM AND DISTRIBUTION OF WEAPONS OF MASS DESTRUCTION”","authors":"A. Yeremieiev","doi":"10.15421/392134","DOIUrl":"https://doi.org/10.15421/392134","url":null,"abstract":"","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122070577","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 EXERCISE OF PROPORTIONALITY WITHIN THE APPLICATION OF MEASURES TO ENSURE CRIMINAL PROCEEDINGS","authors":"I. Bespalko","doi":"10.15421/392057","DOIUrl":"https://doi.org/10.15421/392057","url":null,"abstract":"many others. Therefore, the given article analyzes the legal principle of proportionality in taking measures to ensure criminal proceedings. Some regulatory issues are addressed in this regard. Separate conclusions and proposals are formulated aiming to improve the criminal procedural law.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"239 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132581076","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":"CURRENT PROBLEMS OF CIVIL LAW OF UKRAINE IN OTHER JURISDICTIONS","authors":"K. Kosiachenko, D. R. Zamkova","doi":"10.15421/391988","DOIUrl":"https://doi.org/10.15421/391988","url":null,"abstract":"This article is an attempt at a comprehensive legal analysis of current problems of civil law in the fields of contemporary law of Ukraine. With regard to cross-industry links, legal doctrine is defined as relations of interdependence, conditionality and commonality between different legal sectors, including their individual parts. In particular, the problems of correlation of civil law of Ukraine with other branches of law, such as labor law, business law, administrative law, criminal law, information law, financial law, are considered. Considering the problems of civil law in the context of modern law, the connection between private and public in civil law of Ukraine was highlighted. It has been concluded that scientists have for many years regarded civil law as a basic component of private law, and in some cases even identified it. At the same time, both the branches of private law and the branches of public law are recognized as components of the unified system of law of Ukraine, and, accordingly, they cannot exist completely autonomously from each other. All areas of law interact and interact. It was possible to distinguish the civil law of Ukraine from other basic branches of the system of Ukrainian law, and to draw some conclusions about the recognition of the civil law of Ukraine as a complex branch of law. Civil law terms and concepts used in other areas of law, relevant industry codes or other regulatory issues were also considered. The cross-sectoral links of civil law, which are not only limited to the legislative sphere, but also the cross-sectoral links at the level of enforcement are highlighted. This article stated that in order to achieve a stable and efficient functioning of the legal system, as a component of the domestic legal system, it is possible, subject to fruitful cooperation of the legislator, theorists and practitioners, their main task – to justify and develop a single organic complex of balanced branches of law. That is why special attention should be paid to the interaction of civil law with other branches of Ukrainian law, in particular, to determine the points of their contact, permissible situations and limits of mutual influence.\u0000The tendency to expand the sphere of civil law is reflected in the domestic law enforcement practice, which is reflected in the actual extension of civil law structures to public rights, the judicial protection of which affects the rights and obligations of a private nature (in particular, it concerns a tax lien, financial credit, etc.). It is concluded that the system of civil (private) law should be characterized as clear criteria for boundaries of action and separation from related fields (industries). Public law, defined by the codes of the relevant sphere (branch) of law, and take into account the tendencies of development of relevant spheres of public relations by means of norms capable to create inter-sectoral links with public-law norms in the framework of complex legislative ac","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"70 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141225700","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":"IMPROVING THE STRATEGY AND TACTICS OF COMBATING CORRUPTION","authors":"M. Kikalishvili","doi":"10.15421/3919114","DOIUrl":"https://doi.org/10.15421/3919114","url":null,"abstract":"The article is devoted to the consideration of the issue and problem aspects of improving anti-corruption policy, the elements of which are the strategy and tactics of combating corruption criminality.\u0000In the article the analysis of the term “state anti-corruption policy”, its components “strategy” and “tactics” are revealed, the ways to counteract corruption in Ukraine, which were formed in 2018 in the framework of the Anti-Corruption School, are indicated.\u0000The author systematically presents the areas of improvement of the state anti-corruption policy of Ukraine. The article investigates the issues of improvement of the state anticorruption policy, the components of which are the strategy and tactics of combating corruption. The author notes and analyzes nine steps (areas) to improve anti-corruption policy, and draws attention to interesting ways of overcoming corruption in Ukraine, which were proposed in the anti-corruption school held in 2018.\u0000The article reveals the following ways of combating corruption: elimination of the conflict of interests and access to information; more effective functioning of the Law of Ukraine “On Access to Public Information”; deeper decentralization for better eradication of corruption at the local level; creation and empowerment of certain supervisory boards at hospitals; introduction of more resources, such as ProZorro.\u0000As a result, the authors’ proposals for improving the strategy and tactics of combating corruption in Ukraine are identified.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133496180","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 IDENTITY OF THE OFFENDER AS AN ELEMENT OF THE FORENSIC CHARACTERISTIC OF THE CRIME","authors":"Yuliya Chaplynska","doi":"10.15421/3919122","DOIUrl":"https://doi.org/10.15421/3919122","url":null,"abstract":"The scientific article deals with some aspects of crime investigation. The identity of the offender is considered as an element of forensic characteristics. Investigating the identity of the offender provides the investigation with a number of additional features. The identity of the offender as an element of forensic characteristics is a set of socially significant features and attitudes that characterize a person guilty of violating the criminal law, in combination with other conditions and circumstances affecting his criminal behavior. In particular, the information about it allows to distinguish the data necessary for the organization of the most effective search of the person who committed the crime, and subsequently – its exposition, provide elimination of the causes and conditions of committing criminal offenses and their recidivism. And during the conduct of investigative (search) actions – the possibility of effective establishment of psychological contact, the use of appropriate tactical techniques.\u0000In order to construct an effective forensic characteristic, elements must be identified that have a clear investigative focus and can help determine further directions of the investigation. Therefore, it is indisputable to distinguish in the structure of forensic characteristics of crimes such component as the person of the offender. By identifying its characteristic features, it becomes possible to build versions at the initial stage of the investigation, to use certain tactical techniques in the course of procedural actions.\u0000A forensic investigation of an individual consists of establishing forensically relevant information about the offender and other participants in the investigation process. Investigation of the identity of the offender as an element of forensic characteristics, allows to accumulate in the portrait of the likely offender his characteristic features. Creating a forensic portrait is important enough for the whole investigation process. In any case, it allows you to put forward certain versions and search for the person who disappeared from the scene, as well as the possibility of qualitative procedural actions.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125911511","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":"URGENT PROBLEMS OF THE CONSTITUTIONALIZATION OF UKRAINE’S COURSE TOWARDS FULL MEMBERSHIP IN THE EUROPEAN UNION","authors":"Ya. V. Chystokolianyi","doi":"10.15421/391985","DOIUrl":"https://doi.org/10.15421/391985","url":null,"abstract":"This article is devoted to research of essential problems of the constitutionalization of Ukraine’s course towards full membership in the European Union. This refers to problems which appeared or were affected in some way alongside the adoption of the Law of Ukraine “On Amendments to Constitution of Ukraine (regarding the state’s strategic course on obtaining full membership in the European Union and North Atlantic Treaty Organization)” from 7 February 2019. According to the author, the Law has significantly changed the legal situation around the advancement towards the EU. After all, the course is from now on established irreversibly towards accession to the EU, not just towards integration, which can take place in various organizational and legal forms, not necessarily including full membership in the EU. Also, said irreversibility gained the highest legal power while being the constitutional norm, which obliged the state to perform respective acts and refrain from any others, such as searching for international organizations similar by their legal nature and considering the possibility of membership in them. The author believes that the problems of constitutionalization of the state’s aspiration towards full membership in the EU and performing necessary legal, political and institutional actions and transformations gained particular relevance due to this Law and the changes made on its basis. According to the objective and research tasks put forward by the author, the very notion of constitutionalization is analyzed in the article as relatively new in the constitutional law theory. Also the questions about changes in the Basic Law necessary for EU membership and consolidation of the treatment of the Union’s values with perspective of its further specification are addressed as essential. The article proposes changes to the Constitution of Ukraine necessary for creating the basis for the constitutionality of the course towards the EU membership. Regarding the values ofthe EU, in the current stage of Ukraine’s integration it would be sufficient to note acknowledgement, promotion and providing addition to them, e. g. to Article 15. So only certain conclusions about the urgent problems of the constitutionalization of Ukraine’s strategical course towards full membership in the EU and the directions of further research are stated in the article.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128509108","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":"CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE\u0000OF ADMINISTRATIVE LAW AND PROCESS","authors":"N. Hut","doi":"10.15421/391959","DOIUrl":"https://doi.org/10.15421/391959","url":null,"abstract":"The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134115599","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":"BEFORE UNDERSTANDING THE CONCEPT OF TAX PAYERS’ RIGHTS","authors":"K. Y. Priamitsyn","doi":"10.15421/391971","DOIUrl":"https://doi.org/10.15421/391971","url":null,"abstract":"The article is devoted to defining the concept of renewal of taxpayers’ rights in Ukraine. It is established that the concepts of “violation of the rights of taxpayers”, “protection of the rights of taxpayers”, “restoration of the rights of taxpayers” are not enshrined in the legislation; The examples prove the inefficiency of the procedure for renewal of taxpayers’ rights, which has occurred during the interaction of administrative bodies and taxpayers. An understanding of the subjective rights of taxpayers has been established and their relationship with the legitimate interests of taxpayers has been established. It is proved that under the rights of the taxpayer it is necessary to use the concept of “rights and legitimate interests of taxpayers” as complementary. It is proved that the main direction of real ensuring the renewal of taxpayers’ rights should be the improvement of tax legislation, the creation of rules on administrative remedies for the renewal of taxpayers’ rights. The inefficiency of administrative renewal of taxpayers’ rights has been proved. It is found that the most commonly used procedure is protection, which is not aimed at real restoration of taxpayers’ rights. Therefore, under the renewal of rights we mean a complex of effective remedies for taxpayers’ rights, in which the amount of taxpayer’s rights that existed before the infringement was restored, and the state authorities ensured the forced realization of the renewal of the rights carried out by the taxpayer’s independent actions or appeals to court or administrative bodies over rights and legitimate interests that are not only violated by the controlling bodies, but for which, according to the taxpayer, there is a real threat of infringement. According to the author, it is possible to increase the efficiency of protection of taxpayers’ rights through legislative changes of administrative and legal means of protection and realization of equality in the legal status of the rights of taxpayers and controlling bodies. The article defines the renewal of taxpayers ’rights and proposes to supplement the list of taxpayers’ rights with the right to renew the violated taxpayer’s rights by the controlling body.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123618912","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":"EUROPEAN UNION INSTITUTIONS IN THE AREA OF SOCIAL POLICY: TASKS AND SYSTEM AT THE PRESENT STAGE OF DEVELOPMENT","authors":"H. Fomina","doi":"10.15421/391921","DOIUrl":"https://doi.org/10.15421/391921","url":null,"abstract":"The article investigates the current tasks and system of European Union’s institutions in the area of social policy. It is noted that the importance of enhancing social integration at the present stage of European Union development has been steadily increasing, since it is necessary to ensure a high level of employment and social protection, as well as a good education and quality of health, thus overcoming poverty and inequality. It has been established that the emergence of new threats to society, in particular such as international terrorism, uncontrolled and illegal migration, etc. are social in their nature. The aforementioned requires substantial changes in the European Union social policy in order not to collapse under the scope of undertaken obligations.\u0000The author identifies the crucial task of European Union and its Member-States, among which are: preservation of the achievements of past years, ensuring social rights and, at the same time, dynamic economic development in the present. Specifically, these tasks determine the European Union’s social agenda, and they can be resolved only with the appropriate coordination of the efforts\u0000between European Union institutions and its Member-States.\u0000To implement the tasks of the European Union social policy, an extensive system of institutions has been established. Basically, such institutions are divided into two major groups – those that are based on treaties and those that are established by secondary law. The first includes such institutions as the European Council, the European Parliament, the Council of the European Union, the European Commission, the Court of Justice, the Economic and Social Committee. The second group includes supporting institutions, since they were founded for activities on specific social issues. These are agencies, committees and foundations that are accountable to the European Commission or the Council of the European Union. The distribution of powers in the social sphere between European\u0000Union institutions allows the author to conclude that at the present moment Union has sufficiently developed social infrastructure. The absence of a single body concerned with social issues at the pan- European level obliges all European Union institutions to deal with social issues, as well as participate in shaping a unified social space.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"246 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121422367","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 EFFICIENCY OF ACTIVITIES OF PUBLIC COUNCIL IN THE AUTHORITIES OF THE EXECUTIVE AUTHORITY","authors":"O. O. Vinnytskyi","doi":"10.15421/391927","DOIUrl":"https://doi.org/10.15421/391927","url":null,"abstract":"The current stage of development of Ukrainian statehood is characterized by increased attention to the issues of increasing the efficiency of the functioning of the public administration system. And this is natural because the direct link between the efficiency of the public sector and the effectiveness of the national economy of the state as a whole leads to the search and introduction of new approaches and technologies, continuous improvement of the quality of services provided to the population and satisfaction with the results of the activity of executive authorities and local self-government.\u0000The public sector, which participates in the formation and implementation of state policy, is no exception. It is the effective work of public councils with executive authorities that will increase the level of interaction between executive authorities and civil society.\u0000In this article, the author outlines the factors of effectiveness of the work of public councils in executive bodies, namely: the development and introduction of common standards and forms of cooperation between the public and the public administration; development of nation-wide mechanisms for the functioning of public councils in executive bodies; systematization and generalization of decisions\u0000of public councils in executive bodies; systematic analysis of the activities of public councils and their results for public discussion; introduction of standards for public reception offices.\u0000The author determines that the effectiveness of public councils in executive bodies is determined by assessing the effectiveness of activities under which the author proposes to understand the process of determining the quality of the subject’s activity, which is aimed at achieving the goals and tasks assigned to him, in accordance with the established competence, which allows obtaining information\u0000for further correction of his work.\u0000It is emphasized that the effectiveness of the activities of public councils in executive bodies depends on: creation of transparent and qualitatively formulated goals of work; development of a plan of activity aimed at achieving the goals that are the basis of the activities of public councils in executive bodies; performance of the adopted plan of activity; evaluation of achieved results; Adjusting the activities of the public council at executive bodies; creating new goals for future activities.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125687084","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}