Theory and practice of jurisprudence最新文献

{"title":"Criminal policy forming as a scince of criminal legal cycle","authors":"Михайло Валерійович Шепітько","doi":"10.21564/2225-6555.2020.18.216787","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.216787","url":null,"abstract":"The article is devoted to the consideration of the problems of the formation of criminal policy as «a science of the criminal legal cycle». Because of this, the author analyzed various approaches in the context of the historical development of the category of \"criminal policy\". The article demonstrates certain changes in the understanding of criminal policy, as well as identifies its types, which are already considered as separate categories, institutions or sections in «the sciences of the criminal legal cycle». It can be argued that such approaches allowed them to develop sufficiently. The author emphasizes that their development was not carried out simultaneously and with different goals, which leads to a certain imbalance and the need for changes in approaches in defining criminal policy.Criminal policy as a science formed within «the sciences of the criminal law cycle», allows to explore a separate area of scientific knowledge about the causes and consequences of crime, which are aimed at strategic counteraction to crime by means of state and public influence through systematic reform of criminal justice in the distant perspective. The influence of criminal policy is already so significant that it allows to point out the already formed policies and strategies within the framework of criminal law, criminal executive law, criminal procedural law, criminology, criminalistics and forensic sciences. Moreover, these policies and strategies can be referred to as its types and, in their unity, significantly influence the lawmaking and law enforcement processes both in Ukraine and in other states","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"175 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":"116210116","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 and objectives of investment policy of Ukraine in the context of nationally oriented economy","authors":"Лариса Володимирівна Таран","doi":"10.21564/2225-6555.2020.18.217001","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.217001","url":null,"abstract":"At the present time, the main issue of busines regulation of the state’s influence on economic relations is remains relevant, taking into account the market vector of the economy chosen by the Ukrainian people. Today, there is still no sufficient reason to assert that the optimal forms of legal economic order mentioned in Art. 5 of the Commercial Code of Ukraine. As stated in this norm, the legal economic oder is the optimal combination of market self-regulation of economic relations of business entities and state regulation of macroeconomic processes.That is why the commercial code contains an independent chapter dedicated to certain areas and forms of participation of the state and local self-government in the sphere of economic activity, and the existence of the norms of Articles 9 and 10 is an important asset in this area.The legal economic oder is the result of the introduction of state economic policy. One of the most important directions of which, of course, is the investment policy of the state, which is designed to provide a dynamic process of expansion and reproduction of economic activity. Every state in the world is obliged to pursue and implement rational economic policy. This phenomenon is considered difficult, as it consists of a considerable number of interconnected and integral elements. One component of economic policy is the investment policy of the state.Analysis of recent research and publications. Important theorological and methodological problems of ensuring the investment policy of the state, research of the investment market, mechanisms of formation of investment policy, including in certain sectors of the national economy occupy a significant place in the work of scientists-owners, namely: D.V. Zadikhailo, V.V. Kudryavtseva, V.I. Kukhar, V.K. Mamutov, O.P. Podtserkovny, V.A. Ustymenko, V.S. Shcherbina, etc. However, these scientists examining these issues paid insufficient attention to such concepts as the essence, objectives and modern directions of investment policy of the state, as well as did not analyze certain objects of state investment policy on their regulatory impact on investment activities and the economy of Ukraine as a whole.Purpose and objectives: the purpose of this article is to explore and identify promising directions of investment policy of Ukraine, to formulate the tasks of state regulation of investment activity","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"2 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":"114587641","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":"Sources of Shia Islamic Law (According to the Twelvers madhhab)","authors":"Сахавет огли Акіф Тагієв","doi":"10.21564/2225-6555.2020.18.216045","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.216045","url":null,"abstract":"To understand the essence of a legal system, one of the priority tasks is to study the doctrine of its sources of law. The situation with Islamic law is similar. The doctrine of sources of law is one of the most developed because it has been studied by a large number of lawyers and orientalists. At the same time, we see insufficient research on this doctrine due to a large number of approaches to understanding the term «source of law». In this paper, we have explored the sources of Islamic law in accordance with the Twelvers madhhab, as it is a basic school of Shiite legal doctrine.As a theoretical basis for the analysis of approaches to understanding the «sources of law», we have chosen approaches and their characteristics that would correspond to current approaches to the study of legal phenomena and processes in domestic legal science. Thus, the sources of Shiite Islamic law were analyzed in accordance with the following dominant approaches to understanding the meaning of the term «source of law»: epistemological (source of law is defined as a source of knowledge of the law, ie where we get our knowledge of the law. Most often it is legal monuments of history); material (social relations in general, natural, cultural, political, religious and other factors that determine the emergence, development and content of law); institutional (the law-making activity of state authorities and civil society institutions that establish or sanction legal norms); ideological (legal ideas, concepts, legal awareness of the subjects of lawmaking, which form a certain legal understanding and are the basis of the rules of law, affect their content); formal-legal (various forms (methods) of external expression of legal norms). After analyzing different approaches, we came to the conclusion that depending on the approach, the sources of Shia Islamic law are:according to the classical approach (ie, which is followed by Muslim scholars of Islamic law) - the Quran, Sunnah, ijma, akl;according to the epistemological approach - the Quran, Shia collections of hadiths «Al-Kafi» Kulaini, «Man la yahduruhu-l-faqih» by Sheikh Saduk and others), the works of prominent lawyers «az-Zaria» by Seyid Murtaza, «al-Nihai» by Sheikh Tusi);according to the material approach - social relations, cultural, religious and political factors;according to the institutional approach – religious scholars and faqihs, partly the new Islamic states;according to the ideological approach - God (and His will), akl (intellect, reason);according to the formal-legal approach - the Quran, hadiths from the Prophet and Imams, legal doctrine","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"1 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":"130129951","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":"Introduction of the category \"administrative (public) sequester\" into the private law system of Ukraine","authors":"Антон Геннадійович Донець","doi":"10.21564/2225-6555.2020.18.217428","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.217428","url":null,"abstract":"","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"363 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":"122773130","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 latency of crimes against people’s lifе and well-being, that were comitted using firearms","authors":"Богдан Олександрович Войцеховський","doi":"10.21564/2225-6555.2020.18.214814","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.214814","url":null,"abstract":"The purpose of this paper is to examine the latentisation of crimes, committed against life and well-being in Ukraine with use of firearms. The task is to assess distribution, specify classification group, find out the causes and prevention measures for such offences. Latent felony offences could be reviewed from criminological, procedural and forensics aspects. Criminological aspect of latent crime perception, as we see it, is the most expedient in terms of general crime research. In criminological aspect latent felonies are determined by a fact of their disregarded nature in crime statistics. Factors of latentisation of crimes with use of fireams are specific for latent felonoes in general, such as: perpetrator’s actions in attempt of hiding the offence and it’s aftermath; unresponsive reaction of LEO’s concerning information about offense. There are also specific conditions related to specific interest of government and LE agencies in protection of lives and well-being of people and informing done in a specific order by hospitals about people with injuries of criminal character, including gunshot wounds. What also counted is negative societal perception on live threatening offences, which leads to it’s cooperation with LE agencies to investigate those felonies. The registration order of firearms, which is done by LE agencies, is also a factor of ceasing of the latent felonies with use of firearms. Analyzing specifics of felonies against life and well-being with use of firearms on territories of Joint Forces Operation in Donetsk, Lugansk and Crimea, that temporarily out of Ukrainian control. Counting classification of latent crimes, depending on level of their latency, crimes against life and well-being with use of firearms could be put in the group of leat latent crimes","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"48 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":"115022583","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":"People’s sovereignty principle and its role in the formation of legislation on public service in Ukraine","authors":"Оксана Вікторівна Червякова","doi":"10.21564/2225-6555.2020.18.211174","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.211174","url":null,"abstract":"The article takes into account Ukraine’s course to deepen European integration in order to gain EU membership, which involves the implementation of the Council of Europe’s principles of \"good governance\", other European standards and best international governance practices. As a result of the analysis of the main components of the concept of people’s sovereignty, the concept of public service in Ukraine is substantiated and developed, which provides coverage of all subjects of power, regardless of the specialization of tasks and functions of the state and society. It is proposed to take the concept as a basis for solving the problem of existing separate regulatory acts in the spheres of state and military service, organization and activity of local self-government bodies, prosecutor’s office, Security Service of Ukraine and other authorities, state and municipal bodies. The lack of a system of regulations is the reason for inconsistencies or differences in their provisions. There are no legal norms on certain issues of the service, which is an obstacle to the formation of a holistic concept of public service in Ukraine, unambiguous in terms of the constituent elements of the concepts of «civil service», «public service», «civil servant», «civil servant». This has the form of imperfection of legislative support of relevant relations, lack of a unified approach to the allocation of components, principles of organization and functioning of public service in Ukraine, to determine the place of all state bodies in its apparatus and mechanism, taking the constitutional principle of separation of legislative, executive and judicial powers","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"96 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":"123054048","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":"Tactical and psychological features of counteracting the perjury","authors":"Наталія Вікторівна Павлюк","doi":"10.21564/2225-6555.2020.18.217654","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.217654","url":null,"abstract":"The paper deals with the psychological basis of giving false testimony by the person questioned. It is stated that the motives for making a false statement by the suspect are related to the desire to avoid responsibility for the crime, to reduce the guilt, or to be punished not for the crime committed  but for a less serious crime. Witnesses’ false testimony is due to fears of the suspect’s desire for retaliation; unwillingness to further participating in investigative (search) activities and the investigation as a whole. The motives for giving false testimony by victims are as follows: the desire to reduce the damage caused by the crime in order to hide the source of the acquisition of lost property; the desire to exaggerate the damage caused by the crime, both out of feelings of revenge and for mercenary or other motives; attempts to hide their own dishonest actions, immoral behaviour. Attention is paid to the resources of current scientific and technical means, innovative products and their use during interrogation. It is noted that the up-to-date technical and technological resources of computer modeling make it possible to turn a verbal description of the mental image of an object or event stored in the human mind, in a directly observable three-dimensional, dynamic, space-oriented model of this image with great accuracy and unlimited potential of digitalization. The author concludes that the visualized 3D model of the crime scene can be used during the interrogation not only to ensure the completeness and accuracy of recording the reported information. In case of a conflict situation during the interrogation of a person giving intentionally false testimony, presenting a 3D model of the crime scene with visualized paths of objects motion, the location of the participants of the event can also serve as a tactical option, which we could refer to as \"visual imitation of a crime”, it involves refuting each false testimony by specific evidence. The paper presents the system of tactical options aimed at counteracting the perjury : 1) asking questions; application of “the element of surprise”; 2) maximum itemization of testimony; 3) presentation of counter-evidence; combination of forced (accelerated) and slow rate interrogation; 4) telling investigators versions of the crimes committed or the probable development of events; 5) “dragging the person questioned into an argument”; 6) using or generating the state of emotional tension; 7) \"assumption of a legend\"; 8) \"inertia\"; 9) visual imitation of the crime","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"418 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":"133285531","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":"Confucius doctrine as a leading phenomenon of Chinese civilization (theory and history)","authors":"Віталій Анатолійович Лизогуб","doi":"10.21564/2225-6555.2020.18.213550","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.213550","url":null,"abstract":"The article is devoted to a comprehensive analysis of the doctrine of Confucianism. The author outlines the figure of Confucius, analyzes the historical background of the initial stage of the formation of Confucianism and the place of this period in the history of China, the main components of the Confucian Canon, principles and categories, the internal logic of the doctrine, the significance of the doctrine for the formation of an integral system of Chinese worldview, moral, ethical and political judgments, attitudes and norms.Against the background of the study of a significant monographic literature, conclusions are drawn about the nature and features of the value core, the principles of China’s national identity.China is a country with an ancient almost continuous history. Throughout the historical period of its existence, it has exerted a huge influence not only on neighboring countries, but also on the world as a whole. Almost by the end of the XVIII century. China had the largest GDP and was one of the leading cultural centers. At the present stage, China has a significant economic, political and cultural impact even on fairly remote regions. Today, there is a great return of this country-civilization, on the one hand claiming world leadership in the XXI century, and on the other, it stands for a multipolar world.According to economic indicators, China is one of the three leading countries in the world and offers the world its model of globalization through the so-called \"One belt one road\" project.Confucius is a representative of the traditional Chinese ethical and legal paradigm, a brand that China offers to the world as part of its own globalization strategy, which provides for the creation of institutions that bear the name of this \"first sage of the middle Kingdom\"","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"5 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":"131440305","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 problems of applying \"updated\" compensation for infringement of copyright and (or) related rights (based on the analysis of case law)","authors":"Наталя Євгенівна Яркіна","doi":"10.21564/2225-6555.2020.18.214896","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.214896","url":null,"abstract":"The author analyzed the changes in the legal regulation of the institution of one-time monetary compensation for infringement of copyright and (or) related rights. The legal nature of the new compensation, its significance for judicial protection of infringed copyright and related rights has been studied; the latest case law on the application of compensation and its calculation was studied and analyzed. The article focuses on the problematic aspects of determining and proving the amount of compensation. Conclusions are made about the imperfection of the new legislative provisions, their terminological and substantive shortcomings that create problems in practice. The author emphasizes that the \"new\" compensation should be considered as losses in the form of lost profits, which are recovered many times over. This indicates the presence of penalty elements of this sanction. The determination of the amount of compensation should be based on the principles of proving the amount of damages. For this reason, \"new\" compensation cannot perform the function of simplified protection of copyright and (or) related rights. Thus, it lost its original significance as an alternative method of protection. The author believes that the establishment of a multiple amount of compensation depending on the form of guilt of the offender is not inherent in the institution of civil liability. This approach requires the development of a clear design for intentional and negligent copyright or related infringement. The author argues that the lack of uniform understanding and application of the new category of compensation requires improvement of regulatory wording. The conclusions offer recommendations for resolving inconsistencies in regulations","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"14 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":"124271603","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":"Experience of digital simulation of the Constitution system of Ukraine in the IDEF0 notation","authors":"Валерій Федорович Оболенцев, Олег Миколайович Гуца, Володимир Вікторович Єрьоменко","doi":"10.21564/2225-6555.2020.18.218892","DOIUrl":"https://doi.org/10.21564/2225-6555.2020.18.218892","url":null,"abstract":"Object and process modeling allows to solve problems in systems. Therefore, developing a model of the Constitution of Ukraine using software is an urgent task for domestic jurisprudence.Previously, the authors conducted a systematic analysis of the Ukrainian state system and proposed its cognitive model in IDEF0 notation. We used the same notation to model the crime system and its prevention system. Hutsa O.M., Obolentsev V.F., Demchenko O.V. developed a technology for modeling and detecting algorithmic errors in software regulatory acts.The paper demonstrates the results of modeling the Constitution of Ukraine as a system in IDEF0 notation using CASE technologies (Computer Aided System Engineering - computer aided design) Microsoft Visio.A two-tier model was built. The context diagram of the decomposition outlines the flows of the system interaction under study with the external environment: 1) input flows, which are converted into output flows (information and documents for the implementation of public authorities’ activity; staffing  resources for positions of civil servants); 2) incoming flows of governance (universal, equal and direct suffrage; the Declaration of Independence of Ukraine of August 24, 1991; the rule of law principles, independence, collegiality, transparency, validity and obligation of court decisions and conclusions; popular initiative; voter will); 3) input flows of enforcement mechanisms (people of Ukraine; state bodies); 4) outflows - the system results (human rights and freedoms and decent living conditions; civic consent in Ukraine; democratic, social, rule of law; balanced budget; monetary unit; State Flag of Ukraine, Grand National Emblem of Ukraine, National Anthem of Ukraine; civil servants appointed to the positions).The second level of the model is a decomposition diagram that reflects the set of system elements (sections of the Constitution of Ukraine) and their interaction with the external environment and with each other","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"30 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":"129352990","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}