Entrepreneurship, Economy and Law最新文献

{"title":"INVALID TRANSACTIONS IN PRIVATE LAW DOCTRINE","authors":"Roman Tashian","doi":"10.32849/2663-5313/2021.11.05","DOIUrl":"https://doi.org/10.32849/2663-5313/2021.11.05","url":null,"abstract":"","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124121688","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":"DEFINITION OF THE CONCEPT “BENEFICIAL OWNER” IN THE JUDGMENTS OF THE EUROPEAN COURT OF JUSTICE","authors":"Anastasiia Kosenkova","doi":"10.32849/2663-5313/2019.12.42","DOIUrl":"https://doi.org/10.32849/2663-5313/2019.12.42","url":null,"abstract":"","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124179287","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 ESSENCE AND CONTENT OF LABOUR-LAW PRINCIPLES OF THE LEGAL REGULATORY FRAMEWORK FOR THE NATIONAL POLICE STAFFING IN UKRAINE","authors":"K. Harbuziuk","doi":"10.32849/2663-5313/2022.6.08","DOIUrl":"https://doi.org/10.32849/2663-5313/2022.6.08","url":null,"abstract":". The purpose of the article is to establish the essence and content the labour-law principles of the legal regulatory framework for the staffing of the National Police of Ukraine. Results . The article, relying on the review of scientific perspectives, conducts a general theoretical analysis of the concept of principles and legal principles. A theoretical and conceptual perspective on the essence of the principles of labour law is formed. The content and essence of labour principles of the legal regulatory framework for the staffing of the National Police of Ukraine are determined and classified. It is established that important principles of the legal regulatory framework for the National Police of Ukraine staffing are special labour-law principles inherent exclusively in this area of legal influence, and not in the entire labour law. These principles include the following: a) the principle of stability (the staffing is systematic and accompanies the entire labour process of all employees of the National Police of Ukraine); b) the principle of comprehensiveness (the staffing should not be limited to the documental preparation of personnel actions, but also constantly monitor the personnel problems of the National Police of Ukraine and develop ways to solve them); c) the principle of the primacy of police officers’ labour interests (the staffing of the National Police of Ukraine should be aimed primarily at an enabling environment for the police officers provided and guaranteed to them by the Constitution of Ukraine and legislation on labour rights, and then at the personnel policy of the leadership); d) human capacity development principle (the staffing should be aimed at continuous development of the qualifications and professional skills of the police personnel with a view to improving the performance of duties and functions by the police; as well as strengthening the requirements for candidates to serve in the National Police of Ukraine). Conclusions. It is concluded that, to date, only a few of these principles have been incorporated into the legal framework governing the procedures for staffing the National Police of Ukraine. This reveals the inadequacy and ineffectiveness of the legal regulatory framework for the performance of police officers, as a result of which there is room for violation of their labour rights and the interests guaranteed by the Constitution and other labour legislation of Ukraine. We argue that one way of remedying this negative point is to legislate the system of principles proposed above in a separate, special document – the Law of Ukraine “On Police Performance”.","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123619590","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":"Conceptual principles of general social prevention of criminal offenses in closed penal institutions in Ukraine","authors":"Y. Streliuk","doi":"10.32849/2663-5313/2021.7.12","DOIUrl":"https://doi.org/10.32849/2663-5313/2021.7.12","url":null,"abstract":". The purpose of the article is to outline the range of issues relevant to Ukraine concerning the implementation of general social measures by state authorities and local self-government bodies, public organizations, etc. for preventing criminal offenses and express an original opinion on certain ways of their solution. Results. The article reveals the challenging issues of studying general social prevention of criminal offenses in closed penal institutions in Ukraine. It analyses domestic scientific perspectives on general social prevention of criminal offenses in closed penal institutions of the State Penitentiary Service of Ukraine. The author identifies the subjects of general social prevention of criminal offenses in closed penal institutions in Ukraine, as follows: the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and other public authorities, local self-government bodies, other subjects preventing criminal offenses (the Prosecutor’s office, court, the police, the Security Service of Ukraine). Conclusions. The author put forward a set of actions to improve the system of general social prevention of criminal offenses in closed penal institutions: 1) it involves overall, not partial, financing of the penitentiary system of Ukraine from the State Budget of Ukraine, especially in the part of creation of European conditions of execution and service of punishment in the form of deprivation of liberty provided for by the relevant Law of Ukraine; 2) overhaul of the CPI with replacement, maintenance of engineering and technical and other means of security, supervision, in particular, using the latest technologies; 3) the construction of new and reconstruction of existing pre-trial detention centers and penal institutions according to international standards (individual chamber or no more than two defendants, full video surveillance of these persons at all objects of living, strict criminal and legal measures for attempts of delivery (transfer, transportation, sending, etc.) of prohibited items to places of imprisonment); 4) the creation of appropriate conditions for ensuring effective social protection of personnel of the State Penitentiary Service of Ukraine, including through providing fair salaries sufficient to attract and maintain penal bodies and institutions; 5) adoption by the Verkhovna Rada of Ukraine of the Law of Ukraine “On the Penitentiary System of Ukraine” which shall provide for the creation of appropriate legal, organizational and other conditions for effective public control over criminal executive activities in Ukraine, improving the effectiveness of control over the execution of sentences by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, other state executive authorities, the results of which should be brought to the public in the prescribed manner.","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121403267","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":"ANALYSIS OF APPLYING RESTORATIVE JUSTICE TO JUVENILES IN SOME COUNTRIES","authors":"Olexandra Kaminska","doi":"10.32849/2663-5313/2022.4.13","DOIUrl":"https://doi.org/10.32849/2663-5313/2022.4.13","url":null,"abstract":". The aim of the article is to analyse the application of restorative justice to juveniles in foreign countries. Research methods. The work is performed using general scientific and special methods of scientific knowledge: dialectical, historical and legal, formal and logical, methods of hermeneutics, generalisation, comparison, etc. Results . The article studies the experience of foreign countries in the context of the introduction of restorative practices in the field of criminal justice. The main goal of restorative justice is to ensure and protect the rights of juveniles who have committed a criminal offense, including the right to a prosperous and dignified existence. Refusal or minimisation of criminal punishment, implementation and effective application of restorative justice are aimed at the realisation of the interests of both the juvenile offender and society. It is emphasized that mediation can be applied to persons both at the pre-trial and at the court stage. It can serve as a waiver of the accusation or a mitigation of punishment. A feature is also the consent of parents or guardians to conduct mediation in relation to a minor. If the latter requires the presence of legal representatives (guardians, custodians) during the reconciliation procedure, such participation must be ensured. As for children who have not reached the age of 15, the participation of such persons in the reconciliation procedure is mandatory and the consent of the child is not required. Conclusions . Modern ways of responding to juvenile delinquency in the legal systems of foreign countries are focused on the educational approach, taking into account alternative methods of working with adolescents who have committed offenses. This model is called \"restorative justice,\" that is, a process in which in criminal proceedings against juveniles who have committed offenses, damages may be compensated or otherwise compensated. This can be dialogue, community service, charity, donations, and so on. Most practices involve mediation (reconciliation) between the parties through a mediator.","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114070656","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":"INVESTIGATIVE SITUATIONS OCCURING WHILE INQUIRING THE THREAT OR VIOLENCE AGAINST THE DEFENDER OR THE REPRESENTATIVE OF THE PERSON","authors":"Ya.S. Oliinyk, Law.","doi":"10.32849/2663-5313/2019.12.57","DOIUrl":"https://doi.org/10.32849/2663-5313/2019.12.57","url":null,"abstract":"","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114534653","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 essence of the law enforcement system","authors":"O. Dudchenko","doi":"10.32849/2663-5313/2019.8.27","DOIUrl":"https://doi.org/10.32849/2663-5313/2019.8.27","url":null,"abstract":"","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116194647","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":"Sixth technological way: infrastructure-legal aspect","authors":"H. Zubko","doi":"10.32849/2663-5313/2019.11.38","DOIUrl":"https://doi.org/10.32849/2663-5313/2019.11.38","url":null,"abstract":"","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116493063","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 genesis of corporate relations in ancient Rome and their impact on Ukrainian legislation","authors":"B. Derevyanko, O. Turkot","doi":"10.32849/2663-5313/2021.7.11","DOIUrl":"https://doi.org/10.32849/2663-5313/2021.7.11","url":null,"abstract":"","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"116 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113954283","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":"CIVIL LIABILITY FOR DAMAGE CAUSED BY ARTIFICIAL INTELLIGENCE: THE MODERN EUROPEAN APPROACH","authors":"Yurii Burylo","doi":"10.32849/2663-5313/2022.6.01","DOIUrl":"https://doi.org/10.32849/2663-5313/2022.6.01","url":null,"abstract":"","PeriodicalId":235919,"journal":{"name":"Entrepreneurship, Economy and Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114776792","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}