Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi最新文献

{"title":"Procedural status of the prosecutor in electronic criminal proceedings","authors":"N. Lesko","doi":"10.33098/2078-6670.2022.14.26.90-96","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.90-96","url":null,"abstract":"Purpose. To analyze the problems of the prosecutor's procedural status in electronic criminal proceedings. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. During the research, methods of scientific knowledge were used: comparative-legal, logical-semantic, functional, systemic-structural, logical-normative. The results. The article examines the problems of the prosecutor's procedural status in electronic criminal proceedings. It is noted that today the activities of prosecutor's offices are practically impossible without the introduction of modern information technologies, since the growing information flow requires increasing the efficiency and speed of work. In this context, one of the main tasks of the prosecutor's office should be to consider obtaining, processing and using a large amount of information on matters of public order protection, on fighting crime, as well as other information that ensures the proper organization and work of law enforcement agencies. Scientific novelty. Without information technologies, it is practically impossible to create an effective system of interaction between power structures, which in turn creates obstacles in the field of increasing the level of efficiency and quality of decision-making, ensuring the speed of detection of management errors. Therefore, the key to the effective functioning of the prosecutor's office is modern and proper information support for its activities.\u0000Practical significance. The procedural status of the prosecutor during electronic criminal proceedings is partially regulated by the norms of the Criminal Procedure Code of Ukraine and is in the process of formation. It is necessary to improve the legal mechanisms for the introduction of \"electronic justice\" tools, as well as to ensure clear interaction of the information systems of courts, the prosecutor's office, the bar, the penitentiary service and other justice bodies.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121382542","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":"Theoretical and legal understanding of the essence of state development in the context of globalization","authors":"I. Mahnovskyi","doi":"10.33098/2078-6670.2022.14.26.46-57","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.46-57","url":null,"abstract":"Purpose. The purpose of the work is to highlight the essence and features of the development of the state in the context of globalization, as an inevitable process in the latest conditions of world coexistence, in the theoretical and legal aspect. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: critical-dialectical, systemic, functional, abstraction, prognostic. Results. In the research process, it was recognized that, undoubtedly, globalization realities play an important role in ensuring the proper regulatory arrangement of multifaceted social relations based on international legal standards developed by the global progressive community. Of course, one cannot do without the absorption of certain national aspects of state formation as a result of integration processes in the latest conditions of global coexistence, and therefore, taking into account the challenges of globalization, in order to ensure and approve significantly important priority national criteria, it is advisable to develop relevant and adequate legal concepts of a binding nature. Originality. In the process of research, the content of globalization is substantiated as a complex multifaceted social process of a planetary scale, which exerts an inevitable influence on the essential characteristics of states in general and the formation and development of their institutions in particular, which have the property of changing under the pressure of the spread of worldwide advanced systems of socio-political, socio-economic, spiritual - of a cultural nature determined by international legal norms, thereby making it necessary to unite the efforts of national states in order to overcome common human problems. Practical significance. The results of the study can be used in: research work - for further scientific developments devoted to the impact of globalization on state-building processes; law-making and law-enforcement activities - for the preparation and improvement of domestic normative legal acts and for the fulfillment by states of international obligations.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134429339","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":"Features of personal data protection during using targeting technologies: experience \u0000of the European union and Ukraine","authors":"O. Bondarenko","doi":"10.33098/2078-6670.2022.14.26.111-118","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.111-118","url":null,"abstract":"Purpose. The purpose of the work is to analyze the features of personal data protection during the use of targeting technologies in Ukraine and in the European Union. Method. The methodology includes a systematic analysis of normative legal acts of national law and a historical review of normative sources regarding the legal regulation of the issue of personal data protection and personal data protection in the Internet environment in the European Union. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, systemic-structural, logical-normative, comparative, etc. The results. The rapid development of information technologies inevitably permeates all spheres of social life and, unfortunately, legal regulation is not always able to properly \"keep up\" with the emergence of new social relations. The issue of personal data protection in the Internet environment is very acute for Ukraine and requires an immediate legal definition of both the general principles of implementation and the responsibility of information managers for abusing their rights. A demonstrative qualitative example is undoubtedly the regulatory legal acts of the European Union, which should become the basis for transformational changes in domestic legislation in the field of personal data protection on the Internet. Scientific novelty. In the study, the main problematic aspects regarding the process of giving consent to the processing of personal data in the Internet environment and the subsequent use of such data for targeted advertising in Ukraine were formed. The main positive aspects of the legislation of the European Union which can be implemented in the national legislation of Ukraine were identified. Practical significance. The results of the study can be used to determine trends in improving the national legislation of Ukraine in the context of ensuring proper protection of personal data in the Internet environment.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"49 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130233704","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":"Implementation of the spouse's interest in the division of corporate rights","authors":"S. Khodak","doi":"10.33098/2078-6670.2022.14.26.137-143","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.137-143","url":null,"abstract":"Purpose. The purpose of the study is to solve the scientific problem, which consists in the doctrinal development of the regulation of interests in family law, in the division of corporate rights. In his article, the author raises the problem of high-quality legal provision and protection of family legal interests when one of the spouses has corporate rights.\u0000Methodology. Among the philosophical, general scientific and special scientific methods, the following were used: the logical-semantic method for in-depth clarification of the criteria for the division of interests in family law, the formal-logical and systemic-structural methods used in the presentation of judgments, analysis of the content of current legal acts of family law legislation, on the basis of which legal regulation of the construction of interest in family law is carried out. The scientific novelty is that the article improves the concept that the balance of interests of each individual family member is formed in compliance with the principle of equality.\u0000The provision has been established that when spouses contribute their joint property to the statutory fund of a corporate-type legal entity, the property legal relations existing between the spouses regarding property ownership are transformed into binding legal relations.\u0000It is argued that interference with the right of ownership during the division of the property of the spouses, which has significantly increased in value as a result of joint labor or monetary costs, can be justified if the balance of the interests of the spouses is observed.Attention is drawn to the fact that the authorized capital and property of a private enterprise, formed at the expense of joint co-ownership of spouses, is the object of their joint co-ownership.\u0000The article further developed the proposition that interest plays a key role in establishing a legal relationship, namely, whether the contract is concluded in the interests of the family or not\u0000The results. The author investigated the role of interest in the division of corporate rights, analyzed the relations that arise between spouses regarding the contribution of joint property to the authorized capital of a legal entity. Practical significance. The results of the research can be used in law-making activities to improve legislation in the field of legal regulation of the category of interest; in the educational process - during the development of teaching aids, methodical materials from the educational discipline \"Family Law of Ukraine\".","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124500500","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":"Recognition of land ownership as a civil law method of rights protection","authors":"M. Deineha","doi":"10.33098/2078-6670.2022.14.26.128-136","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.128-136","url":null,"abstract":"The purpose of the article is to analyze theoretical approaches and provisions of legal acts regarding the recognition of land ownership as a civil law method of protecting rights, to identify gaps and contradictions in national legislation and judicial practice that arise during the application of such a method of protection, as well as to develop proposals to the improvement of legislation on certain issues. The methodological basis of the research was the dialectical method of scientific knowledge, the general scientific (formal-logical, methods of analysis and synthesis) and the special-legal method (formal-legal). The scientific novelty lies in the fact that based on the analysis of doctrinal and normative sources, the article reveals gaps and contradictions in national legislation and judicial practice that arise when applying the recognition of property rights as a civil law method of protecting rights, and also develops proposals for improving the legislation from a specific issue. According to the results of the study, it was established that the recognition of the right of ownership is an effective way of civil legal protection of the right to land ownership, which is aimed at eliminating disputes and uncertainty of the content of the rights of the owner of a plot of land, ascertaining the existence of the right of ownership and its renewal, by creating legal opportunities for the realization of rights belonging to the owner land plot of powers. The practical significance of the article lies in the fact that the proposed changes to the civil and civil procedural legislation of Ukraine can be used in law-making activities with the aim of improving the regulatory framework in the field of civil law protection of rights.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114333072","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":"Regarding the preventive protection of public interests in a field of urban planning","authors":"K. Apanasenko","doi":"10.33098/2078-6670.2022.14.26.97-110","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.97-110","url":null,"abstract":"The article aims to conduct a theoretical analysis of an issue of a possibility of the preventive protection of public interests, in particular, on an example of economic legal relations in the field of urban planning. The research methodology has included a generalization of theoretical approaches to understanding the concepts of \"public interests\" and \"preventive protection of rights\" (including in a field of economic law and procedural legal science), available in legal science, research a content of public interests in the field of urban planning and further analysis of a legal nature of rights and the interests that state architectural and construction control bodies defend in court, and a nature of the respective lawsuits. At the same time, terminological, systemic-structural, legal-dogmatic methods and interdisciplinary analysis were applied. The results. The author expressed a working hypothesis about a possibility of going to court with preventive lawsuits, which will protect not only private rights and interests, but also public interests, and proved it with arguments on the example of lawsuits by SACC bodies in the field of urban planning. It is substantiated that a number of lawsuits that may be brought to court by SACC bodies may have the purpose of preventive protection of public interests in the sustainable development of the community territory, prevention of possible harm to the life and health of citizens, the property of individuals and legal entities and the surrounding natural environment, cultural/ archeological heritage. The author also substantiated the existence of a public interest in compliance with legislation, which is transformed into an interest in ensuring legal economic order in the field of economy. In domestic scientific literature the issue of preventive protection of public interests was generally not objectively analyzed, which constitutes the scientific novelty of the conducted research. The results of the study contribute to the scientific study of the issue of the protection of public interests in court and the preventive protection of rights and interests in court, which will further contribute to the justification of changes to the procedural legislation on the possibility of preventive judicial protection of public interests. This is the practical significance of the work.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122700299","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":"Historical and legal conditions of functioning and evolution of criminal correspondence institutions in the Ukrainian SSR","authors":"T. Demyanchuk","doi":"10.33098/2078-6670.2022.14.26.19-28","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.19-28","url":null,"abstract":"Purpose. The purpose of the study is to determine the historical and legal conditions for the development of penal institutions in the Soviet period, their evolution in the context of the transformation of correctional labor legislation, as well as the main types of violations of the rights of persons who served sentences. Methods. The methodological basis of the research was a complex of general scientific, special scientific and philosophical methods, as well as the principles of historicism and objectivity. Results. It has been established that in relation to the Soviet criminal-executive system, it is expedient to apply the concept of the penal-correctional system, because from the first years of the formation of Soviet power, the maintenance of persons serving punishment was carried out primarily in labor colonies, and physical labor was understood as the main and effective way of atonement. The first legal act regulating the penal system was adopted on October 23, 1925, the Correctional Labor Code of the USSR, which established the priority of educational tasks for prisoners and the idea of correction of convicts. The Central Directorate of Correctional Labor Camps and Labor Settlements of the NKVD («GULAG») became a certain symbol of Soviet power and a vivid example of the fact that the penal system was totalitarian. Throughout June 1941, we can talk about deliberate acts of terror and mass murders of prisoners in correctional facilities in Western Ukrainian regions. The post-war penal system was a combination of correctional labor colonies, separate camps (detention for a term of three years or more), labor colonies for minors, prisons, and transit and transfer points. The last normative-legal act that consolidated the structure of the Soviet criminal-executive system was adopted in 1970 «Correctional Labor Code of the Ukrainian SSR». Originality. The main stages of the development of the criminal correctional system of the Ukrainian SSR, as well as the historical and legal conditions for the emergence of criminal correctional institutions, have been established. Practical significance. The results of the research can be used in the process of historical and legal research, preparation of special courses.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121896342","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":"Fulfillment of contractual obligations in Ukraine: problems of legislative provision in the conditions of martial law","authors":"A. Kolisnyk, A. Landina","doi":"10.33098/2078-6670.2022.14.26.156-162","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.156-162","url":null,"abstract":"The purpose of this study was to solve the problem of prosecution for non-fulfillment of economic contractual obligations under martial law. Methodology. This study was carried out in a clear sequence, following the stages of studying the problem, based on the logic of the presentation of the material, with the aim of achieving the goals set in the article and fulfilling the defined tasks. During the research, such methods as the information-analytical method were used; system approach method; method of comparison and comparison; method of descriptive analysis; method of pragmatic approach; forecasting method. The results. It was established that criminal liability for non-fulfillment or improper fulfillment of economic contractual obligations is not provided for by the current criminal legislation of Ukraine, although enforcement of such obligations (in particular, in critical conditions of martial law) by criminal legal means is appropriate and necessary. The scientific novelty is that we propose to eliminate this gap by including in the Special Part of the Criminal Code of Ukraine Art. 2061, which will establish liability for breach of contract terms, namely, will provide for liability for non-fulfillment or improper fulfillment of economic contractual obligations, if this resulted in large losses (the amount of such losses, namely those that are 500 or more times greater than the tax-free the minimum income of citizens, to be provided in the note to the specified article). As circumstances that will aggravate the punishment for the specified act, it is worth predicting a particularly large amount, which led to particularly significant losses (which are 1000 or more times greater than the tax-free minimum income of citizens), which should also be indicated in the note to this norm; repeatedly, that is, by a person who previously committed such a criminal offense; by a group of persons based on a prior conspiracy and others, if the specified acts are committed in the presence of other significant aggravating circumstances that will affect the type and amount of punishment. Practical significance. This study does not exhaust the indicated problems, but opens the prospect of further research in the field of ensuring the fulfillment of contractual economic obligations.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123025065","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 nature and content of the court situation","authors":"Yuriy Myroshnychenko","doi":"10.33098/2078-6670.2022.14.26.171-177","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.171-177","url":null,"abstract":"Purpose. The aim of the article is to present part of the results of the scientific work carried out within the scope of studying the prospects of building a holistic concept of forensic support of court proceedings. The immediate task of the proposed publication was to substantiate the author's vision of the nature and content of the concept of a judicial situation as a key category of the organization of judicial proceedings in criminal cases. Methodology. The methodology includes a comprehensive approach to the study of theoretical and practical aspects of the researched object. During the research, methods of formal logic were used, as well as: historical, systemic and terminological analysis, interpretation of concepts. Results. In the course of the research, it was established that the recognition of the objective-subjective nature of forensic situations is becoming more and more characteristic of modern approaches. Its which implies not only the presence of objective conditions, but also a subjective assessment of the situation, such a perception of it, which creates for the subject's need to react in the form of choosing the appropriate line of behavior. The subject selects certain elements of the surrounding reality into a certain system and identifies it as a situation of one or another type. Without a subject, there is no situation; he constructs the system himself, determining his place in it, his attitude to it and to its individual elements, in particular to other subjects, thus forming the structure of the «situation» system. The conduct of criminal cases by the court, like any other type of activity, is characterized by situationality - the dependence of its implementation on specific conditions and circumstances, that is, factors under the influence of which the object of the situation and its state are formed. The situational nature court research of the implies the need for the subject to choose the techniques and means most effective for the given situation. This regularity determines the key importance of the concept of a judicial situation and the situational approach based on it for building a theory of forensic support of court proceedings. Within the limits of this theory, it is envisaged to create a system of complexes of scientifically based forensic recommendations on the organization of judicial review of criminal cases, which will allow, with careful consideration of the individual characteristics of each judicial proceeding, to ensure its optimality in various judicial situations. Originality. Because of the study, the objective-subjective nature of the forensic situation received additional justification, the author's definition of the concept of \"court situation\" was proposed. Practical significance. The results of the study can be used in the educational process, research activities.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122972260","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":"Enshrining legal coercion as a prerogative of the rule of law","authors":"O. Tanase","doi":"10.33098/2078-6670.2022.14.26.58-72","DOIUrl":"https://doi.org/10.33098/2078-6670.2022.14.26.58-72","url":null,"abstract":"Purpose of the article is to study legal coercion as one of the traditional state management methods from the standpoint of the exclusive prerogative of the state to implement it. Methodology. The research uses a natural-law approach and a number of methods aimed at a systematic and meaningful analysis of the problems of state coercion, the most important of which are generalization, dialectical, historical and integrative methods. Results: it is resoned that the following grounds are necessary for the application of coercion: 1) the legal basis presupposes the presence of legal norms that provide for the possibility of applying coercion to certain subjects in concrete cases; 2) the factual basis presupposes the occurrence of the legal event provided for in the law - the event or act which generated the legal relationship; 3) the formal basis implies the issuing by the state body of the act of application of the law ordering the application of the constraint to a specific subject. The coercion as a physical action is applied by special state bodies on the basis of a court decision or administrative act. In the absence of such acts, coercion cannot be exercised. It is emphasized that the legal coercion applied by the state must involve proportionate measures and sanctions, in such a way that, on the one hand, it creates the necessary inhibiting factors in the conscience of those who would try to break the law and, on the other hand, it strengthens the feeling of security in others, inspiring them with the conviction that the law, the state, protects them and that they should not resort to non-state, unofficial means in order to take the law into their own hands. It is absolutely essential that the application of coercion should not be used to infringe the rights and freedoms of individuals or to cause physical or mental suffering. Only in such a situation will legal coercion contribute to the formation of the ethical attitude of citizens, increasing their psychological readiness to respect the law. Originality. This is one of the first studies devoted to the issue of legal coercion as the context of its use by the state in order to exercise its power in modern political and legal realities, including taking into account the experience of state formation in the Republic of Moldova. Practical significance. The results of the study can contribute to the improvement of law enforcement and human rights protection activities, to increase the level of legal culture at the current stage of social development, primarily in countries freed from communist totalitarianism.\u0000Key words: state, law, rule of law, legality, legal act, coercion, legal coercion, normativity.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122440747","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}