Theory and practice of jurisprudence最新文献_第5页

Transnational organized crime as a modern phenomenon: definitions and main features 跨国有组织犯罪作为一种现代现象:定义和主要特征

Theory and practice of jurisprudence Pub Date : 2021-09-10 DOI: 10.21564/2225-6555.2021.19.235600

O. Tkachova

{"title":"Transnational organized crime as a modern phenomenon: definitions and main features","authors":"O. Tkachova","doi":"10.21564/2225-6555.2021.19.235600","DOIUrl":"https://doi.org/10.21564/2225-6555.2021.19.235600","url":null,"abstract":"The article analyzes the current situation in the world from the standpoint of the spread of such a negative phenomenon as transnational organized crime. It has been proven that by reducing the time of entry into another country, and in EU countries also by eliminating the need for customs control, it is easier for criminals not only to quickly and unhindered to get, so to speak, to another part of the hemisphere, but also to move, hide or hide goods, weapons, etc. In addition, a powerful impetus to criminal activity was given by globalization, the development of modern technologies, in particular, methods, techniques, programs used in modern banking, facilitated the implementation of international criminal agreements, and the electronics revolution gave criminals, including criminal organizations, access to new means and methods of obtaining funds.It is substantiated that transnational organized crime is one of the highest levels of criminal evolution, a qualitatively new form of crime organization, their antisocial, illegal activities go beyond the territory and jurisdiction of one state, and the subjects are sustainable criminal organizations, whose activities and spheres of influence applies not to one but to several countries, neighboring states, regions, etc. They operate in different regions of the world, have a certain specialization, use various methods, techniques (blackmail, intimidation, corruption schemes), and are united by a common goal - to obtain a very high (maximum) profit while ensuring minimal risk.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117291453","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

Основні етапи становлення інститутів державної влади і права Давнього Китаю

Theory and practice of jurisprudence Pub Date : 2021-07-01 DOI: 10.21564/2225-6555.2021.19.224744

V. Lyzohub

{"title":"Основні етапи становлення інститутів державної влади і права Давнього Китаю","authors":"V. Lyzohub","doi":"10.21564/2225-6555.2021.19.224744","DOIUrl":"https://doi.org/10.21564/2225-6555.2021.19.224744","url":null,"abstract":"The article is devoted to the generalizing given the principles of power, management and development of law, formed at the initial stage of the formation of Chinese civilization. The chronological framework of the origin of the Chinese civilization in the ancient period and the main periods of the history of Ancient China are determined. The main features of the despotic form of government, the stages of the feudal hierarchy and the hierarchy of higher dignitaries, the principle of transferring the main political and legal principles from one dynasty to another, the importance of the reforms of Shang Yang and Wang Man in the process of strengthening the central government are analyzed.\u0000Against the background of the study of significant monographic literature, conclusions were drawn about the formation of the Qin Empire as a pivotal event in the history of Ancient China. The lack of balance in the repressive and permissive policy caused widespread discontent among the masses and a wave of large-scale peasant uprisings, which from time to time destroyed the power of the dynasties. The consequence was the political disintegration of Ancient China. The key idea around which the state and law are formed is the idea of harmony between heaven, earth and people and the observance of natural laws. It is from the period of the ancient Chinese dynasties that the doctrine of Confucianism has been the foundation of the Chinese society and has become a kind of quintessence of Chinese civilization.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130557466","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

Еколого-правова політика: сучасні підходи до формування

Theory and practice of jurisprudence Pub Date : 2021-07-01 DOI: 10.21564/2225-6555.2021.19.235508

A. P. Getman, Anna Anisimova

{"title":"Еколого-правова політика: сучасні підходи до формування","authors":"A. P. Getman, Anna Anisimova","doi":"10.21564/2225-6555.2021.19.235508","DOIUrl":"https://doi.org/10.21564/2225-6555.2021.19.235508","url":null,"abstract":"The article considers environmental law policy as a component, an independent type of national legal policy, as well as state and sectoral environmental policy. The existence of correlative, mutual influence of ecological and legal doctrine on formation of the corresponding policy is proved. It is substantiated that the ecological and legal legal doctrine significantly influences the current state of the state ecological policy (and this influence is mutual), formation of the ecological legislation and integration of Ukraine into the European legal space. It was stated that Ukraine first of all needs to intensify law-making, modernize the provisions of the environmental and legal doctrine, based on the concepts of which will be revised, updated provisions of public policy, legal understanding, and hence law enforcement. Further institutionalization of the basic provisions of the ecological and legal doctrine in the legislation becomes a necessary condition for the further development of law-making and statehood. \u0000It is emphasized that the use of environmental and legal doctrine will speed up the law-making process, in particular due to the adaptation of regulations to European standards; formulate legislative definitions that will gradually become an important part of environmental regulations; develop a \"road map\" for the development of environmental policy and legislation, etc. \u0000It is emphasized that the current state of the legal system requires a fuller use of the law-making potential of environmental law doctrine and the implementation of its main functions - stabilizing, guiding, heuristic, rule-making, evaluative and prognostic. Therefore, it is expedient to apply the ecological and legal doctrine as a methodological platform of the ecological and legal policy. The necessity of developing concepts of systematization of the ecological legislation, and also legal policy is proved.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123134171","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

Corporate Criminal Liability Not Fulfill the Rights of Persons with Disabilities 企业刑事责任不能实现残疾人的权利

Theory and practice of jurisprudence Pub Date : 2021-06-25 DOI: 10.21564/2225-6555.2021.19.232384

Jonaedi Efendi, Prasetijo Rijadi

{"title":"Corporate Criminal Liability Not Fulfill the Rights of Persons with Disabilities","authors":"Jonaedi Efendi, Prasetijo Rijadi","doi":"10.21564/2225-6555.2021.19.232384","DOIUrl":"https://doi.org/10.21564/2225-6555.2021.19.232384","url":null,"abstract":"This research aimed to review a corporate action which contains the elements of a criminal act that do not fulfill the rights of Persons with Disabilities and liability as stated in Constitutions Number 8 of 2016 concerning Persons with Disabilities. This research using normative law method, the approach that used is statute and conceptual approach. This research shows that the elements of corporate actions that have implications for criminal acts in this law are actions of corporate management acting on behalf of the corporation or the policies of the corporation that have ignored or prohibited persons with disabilities from obtaining their rights as stated in the law. The corporation accountability in Constitution Number 8 of 2016 concerning disability person there are 2 kinds, administrative sanctions and second, cumulative criminal sanctions, namely in the form of imprisonment and fines. Whereas, the concept of criminal liability against corporations used in this law is the corporation as a responsible policy maker and administrator, in the sense that the criminal act according to this law is violated by the corporation, the corporate management will be responsible according to the cumulative criminal sanctions contained in the law.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127730883","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 determination of professional victimization in Ukraine: the concept and levels 乌克兰职业受害的判定:概念与层次

Theory and practice of jurisprudence Pub Date : 2020-12-14 DOI: 10.21564/2225-6555.2020.18.215675

Аліна Юріївна Байдалінова

引用次数: 0

Audio and video recordings as a type of electronic evidence in civil proceedings 在民事诉讼中作为电子证据的录音和录像

Theory and practice of jurisprudence Pub Date : 2020-12-14 DOI: 10.21564/2225-6555.2020.18.218694

Сергій Анатолійович Чванкін

引用次数: 0

Trends in legal support for the use of blockchain technology and virtual assets 为使用区块链技术和虚拟资产提供法律支持的趋势

Theory and practice of jurisprudence Pub Date : 2020-12-14 DOI: 10.21564/2225-6555.2020.18.216789

Дмитро Ігорович Погрібний

引用次数: 0

Civil procedural legal personality of minors and juveniles as participants in a civil case 未成年人和未成年人作为民事诉讼参与人的民事诉讼法律人格

Theory and practice of jurisprudence Pub Date : 2020-12-14 DOI: 10.21564/2225-6555.2020.18.218964

Назар Іванович Піляк

{"title":"Civil procedural legal personality of minors and juveniles as participants in a civil case","authors":"Назар Іванович Піляк","doi":"10.21564/2225-6555.2020.18.218964","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.218964","url":null,"abstract":"The scientific article defines the legal nature and content of civil procedural legal personality of minors and juveniles involved in the case, as a prerequisite for acquiring their civil procedural status.It is determined that the obligatory precondition for the emergence of civil procedural status of a minor is a civil procedural legal personality as a set of civil procedural legal capacity and civil procedural capacity.It is substantiated that all minors and juveniles have general civil procedural legal capacity and can acquire without any restrictions in civil proceedings the relevant procedural status of a party, third party, applicant, interested person. As for special civil procedural legal capacity (ability to have civil procedural rights and obligations of bodies and persons authorized by law to protect the rights, freedoms and interests of others; representatives of parties, third parties, bodies and persons authorized by law to protect rights) , freedoms and interests of other persons, applicants and other interested persons, other participants in civil proceedings), such legal capacity of minors and juveniles in civil proceedings can not acquire, because it occurs only if the conditions specified in the law.It is proved that the civil procedural capacity of minors and juveniles, according to the amount of abilities that form it, is divided into: full civil procedural capacity, which is the ability to personally exercise all civil procedural rights and perform all civil procedural duties in court, and which is granted only to minors in the presence of the conditions specified in the law, and incomplete civil procedural capacity, which is the ability to personally exercise civil procedural rights under Part 1 of Art. 45 CРC of Ukraine, and which is given to all minors and juveniles as participants in civil cases","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125067911","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

Click-wrap license agreement as a type of wrap license agreement 单击包装许可协议作为包装许可协议的一种类型

Theory and practice of jurisprudence Pub Date : 2020-12-14 DOI: 10.21564/2225-6555.2020.18.215650

Кирило Германович Анісімов

{"title":"Click-wrap license agreement as a type of wrap license agreement","authors":"Кирило Германович Анісімов","doi":"10.21564/2225-6555.2020.18.215650","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.215650","url":null,"abstract":"The article is devoted to the study of click-wrap license agreements as a type of wrap license agreements and to the elucidation of the offer and acceptance features in such agreements. The author analyzes the evolution of wrap license agreements in the context of the click-wrap license agreements formation. Careful attention is given to the research of foreign judicial practice concerning a range of issues related to the validity of click-wrap license agreements, the procedure for their conclusion. At the same time, the provisions of national legislation on the outlined topics, as well as a number of scientific works of domestic and foreign legal scholars were studied. It was found that click-wrap license agreements are a special contractual structure with a simplified conclusion procedure, which means that click-wrap license agreements are adhesion contracts, so their terms are set in standard forms and the agreement can be concluded only by joining to its conditions as a whole. Taking into account that click-wrap license agreements are electronic contracts, certain features of the offer to enter into an agreement and the acceptance of such an offer or its rejection are highlighted. It is concluded that pressing a certain button, clicking on a special field, etc. is considered to be an acceptance of the offer to enter into an agreement if the content of these actions is clearly described in the proposal. Based on the findings, the author has developed recommendations for optimizing the functioning of click-wrap license agreements as a regulator of relations of the intellectual property rights disposal. Moreover, the research creates a framework for further study of wrap license agreements in general","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122897447","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

Are the anti-corruption bodies of Ukraine independent: an inside view 乌克兰的反腐败机构是独立的吗

Theory and practice of jurisprudence Pub Date : 2020-12-14 DOI: 10.21564/2225-6555.2020.18.218693

Кирило Олегович Розсоха

{"title":"Are the anti-corruption bodies of Ukraine independent: an inside view","authors":"Кирило Олегович Розсоха","doi":"10.21564/2225-6555.2020.18.218693","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.218693","url":null,"abstract":"Ukraine currently has a system of anti-corruption bodies. Of course, a similar system of developed European states served as a model in its formation. Anti-corruption bodies in Ukraine include: the National Anti-Corruption Bureau of Ukraine; prosecutors, the National Agency for the Prevention of Corruption, the National Police as specially authorized entities in the field of anti-corruption; as well as the Specialized Anti-Corruption Prosecutor's Office - specialized anti-corruption bodies. In general, their functions are considered.Unfortunately, the independence of these bodies has not yet been achieved in Ukraine. This is due to many factors. Let's try to specify them. First, there is a lack or lack of specially trained specialists who will implement anti-corruption policy, have the appropriate qualifications and experience, and most importantly, are familiar with the issues of preventing and combating corruption. Secondly, the lack of experience given that these are newly created bodies. Of course, they study and take into account the experience of European and world practices, which, taking into account the traditions, customs and mentality, does not always work in Ukraine, where the nature of corruption differs from corruption in other countries. Third, the slow start of their activities due to the fact that their staff was formed for a very long time. Fourth, duplication of activities and lack of interaction between these bodies, which, incidentally, should be regulated by current regulations","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123246057","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