Social & Legal Studios最新文献

{"title":"CRIMINAL LEGISLATION OF UKRAINE AS AN IMPORTANT REGULATORY PHENOMENON OF CRIMINAL-LEGAL ACTIVITY","authors":"Victor Hryshchuk","doi":"10.32518/2617-4162-2021-3-12-19","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-12-19","url":null,"abstract":"The current ideology of criminal law as an element of the system of criminal law reality has been analysed. The differentiation of terms «criminal law validity (reality)» and «criminal validity (reality)» has been conducted. It has been stated that appropriate level of scientific background ensuring the development, adoption and application of criminal legislation is the most important prerequisite for high quality and efficiency of criminal law regulation and protection. The systematic relationships between criminal legislation of Ukraine and other branches of legislaion that specify its provision have been analysed. It has been substantiated that systematic and harmonius improvement of the norms of criminal legislation and norms of related branches that «are accomponied with them» is necessary for the efficient functioning of criminal law reality. It has been stated that regulation of criminal law in its systematic sense should be of the highest quality. The criminal law mechanism for ensuring the quality of legal regulation in any sphere of social life is complex and multifacated. It covers, in particular, public and private institutes and organizations, legal framework of their activities and international cooperation. Each of these elements must be endowed with sufficient qualitative instrumental features. Additionally, it is important to ensure a harmonious systematic connection between them. With regard to criminal law, it can be argued about the quality of its form and content, bearing in mind the philosophical axiom that form is always essential, and the essence is always formed. It has been found that traditionally since the ancestor of the science of codification Jeremy Bentham, codes were considered the highest form of expression to improve the quality and content of legislation in the doctrine of law. They are precisely recognized as such in the continental legal system, as they most fully ensure, in particular, such qualities of the legislation as systematization, clarity, accessibility, the absence of gaps and contradictions. It has been investigated, that unfortunately, the Ukrainian legislative practice goes mainly through the creation of diverse, often contradictory and separate laws which make numerous changes to the current criminal law. Legal act is considered to be excellent when it does not require specification in by-laws, or if a need to specify the norms is minimal or enforced. The global law-marking practice has recognized that since ancient times such legal act is a code of laws, if it is developed and adopted on the scientific basis of codification techniques.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133225132","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":"SMUGGLING AS A THREAT TO THE CUSTOMS SECURITY OF THE STATE","authors":"Z. Zhyvko, I. Vysotska","doi":"10.32518/2617-4162-2021-3-149-155","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-149-155","url":null,"abstract":"The article reveals the essence of the concepts of «customs security» and «smuggling». It is established that the main threat to the customs security of Ukraine is the prevalence of smuggling schemes. Analyzed the volume of foreign trade turnover, the volume of «commodity» smuggling, the amount of state budget losses due to the existence of smuggling schemes. The main external and internal reasons for the spread of smuggling schemes were disclosed. The main consequences of the spread of smuggling for the economy of the country are characterized. Measures to combat smuggling schemes are proposed.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123778635","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":"LEGAL REGULATION OF TAXATION OF AGRICULTURAL ACTIVITY IN EU MEMBER STATES","authors":"L. Golovko, Оlena Gulac, V. Vysotskyi","doi":"10.32518/2617-4162-2021-3-169-175","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-169-175","url":null,"abstract":"An analysis of the legal regulation of agricultural taxation in the EU member sates on the example of Poland, Czech Republic and Austria was made. A number of tax benefits for agricultural producers, which are contained in the legislation of the above countries, have been identified: reduction of income tax on farms; real estate tax benefits; discounts on tax on fuel; absence of taxes on property inherited or agricultural land and buildings, the ownership of which is acquired on the basis of a gift agreement; reduction of contributions under a special social insurance scheme. The urgency of the issue of providing tax benefits for agricultural producers in Ukraine, introduction of a special tax regime, which would contribute to the formation of a balanced structure of agro-industrial production was highlighted. It was noted that implementation of the experience of EU member states in the field of taxation of agricultural activities in domestic agricultural sector of the economy is extremely important and requires changes to legislation. Tax burden affects the profits of agricultural producers and is one of the key factors influencing the development of the agricultural sector in the country, the competitiveness of small and medium-sized socially oriented agricultural businesses, and reflects the priorities of agricultural activities. Therefore, the legal regulation of agricultural production is one of the key issues on the agenda. Ukraine needs to reform the system of taxation of agricultural production in order to form a balanced structure of agro-industrial production on the model of European countries.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127861949","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":"ORGANIZATIONAL (CORPORATE) CULTURE AS A FACTOR OF OFFICIAL INTERACTION IN THE MILITARY AND PROFESSIONAL ENVIRONMENT","authors":"Alexander Kolosovich","doi":"10.32518/2617-4162-2021-3-189-197","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-189-197","url":null,"abstract":"Introduction. The professional activity of servicemen is a special kind, where the coordination of their actions is important for the performance of the task, the preservation of life. This is the kind of professional activity in which mistakes of mutual understanding, inconsistency of actions are very expensive. Therefore, it is expedient and promising to focus on the peculiarities of the formation and functioning of service interaction in the military-professional environment under the influence of its existing organizational culture. Purpose. The study is driven by a desire to focus on defining organizational (corporate) culture as a factor in the existence of a military unit in general and on service interaction in the interests of the ability to perform military service tasks. Methods. To achieve the goal of the study, the following methodological tools were selected: Parametric sociometry, for which a questionnaire was developed. To assess the socio-psychological characteristics of military unit a relatively new method for research in military psychology and very well known in organizational psychology (management psychologists), namely the method of diagnosing organizational culture K. Cameron and R. Quinn OSAI (Organization Culture Assessment Instrument) was used. A survey was also conducted on the level of readiness for service of each serviceman and the intensity of service. Results. The application of these methods in the empirical study made it possible to obtain information of an empirical nature, which was processed by applying factor analysis by the method of \"principal component analysis\" in the software SPSS - 20. Conclusion. Service interaction of servicemen in the performance of their combat missions is extremely necessary not only to achieve appropriate results, but also to save lives. It is not common enough in the vast majority of situations. Organizational and psychological features of the formation of service interaction in the performance of military service tasks are strong formal leadership, a sufficient level of complexity, as well as the intensity of service tasks, through which servicemen are more focused on each other and, thus, more focused on better service tasks.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127812860","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":"ON THE LEGALITY OF A SEARCH AND / OR INSPECTION OF HOUSING OR OTHER PROPERTY OF A PERSON ON ORDER OF AN INVESTIGATOR, A DETECTIVE, A PROSECUTOR","authors":"I. Basysta","doi":"10.32518/2617-4162-2021-3-115-122","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-115-122","url":null,"abstract":"The search and / or inspection of a person’s home or other property on behalf of an investigator, a detective, or a prosecutor is often challenged by defense attorneys, as in the process of these investigative (search) actions there are many cases of non-compliance with criminal procedural requirements. At the same time, even when these violations are in fact absent, the grounds for appeal are not exhausted, because in the CPC of Ukraine the formation of certain articles is such that a priori provides for different interpretations. Thus, today there is no agreed position among theorists, nor the unity of judicial practice concerning the search and / or inspection of housing or other property of a person on behalf of the investigator, a detective, a prosecutor. According to mentioned before situation, this publication attempts to refute the thesis that the search and / or inspection of housing or other property of a person is unacceptable on behalf of an investigator, a detective, a prosecutor. The author’s arguments concerning such a position that such investigative (search) actions as search and inspection of housing or other property of a person in criminal proceedings should be carried out not only by an investigator or a prosecutor but should be carried out within the meaning of Articles 40, 41, 234, 236, 237 of the CPC of Ukraine. It is proved that based on the existing case law and to providing its unity, it is urgent and necessary for the Supreme Court to develop in its own legal positions such approaches that would follow not from the interpretation of the content of the CPC rules provided by Chapter 20, but from legal expediency as well as the tactical need to entrust in certain cases the conduct of investigative (search) actions to employees of operating units, including the implementation of a search and inspection of housing or other property of a person. Own approaches to the acceptability of the position are formulated in the article, when the investigating judge, understanding the depth of the above issues, acting within the current CPC of Ukraine, performing criminal proceedings and exercising judicial control over the rights, freedoms and interests of persons in criminal proceedings (paragraph 18 Article 3 of CPC of Ukraine), in its own decision to conduct a search of housing or other property of a person or related investigative (search) activities indicates that it gives permission to conduct a search along with an investigator, a detective, a prosecutor and operatives responsible or other authorized person on behalf.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126636500","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":"LEGAL MECHANISM OF THE COURT FEE REFUND IN CASE OF TRIAL COMPLETION WITHOUT ADOPTION OF A JUDGEMENT IN CIVIL PROCEEDINGS","authors":"U. Vorobel","doi":"10.32518/2617-4162-2021-3-57-66","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-3-57-66","url":null,"abstract":"The peculiarities of the legal mechanism of returning the court fee in case of completion of civil cases without a court decision are analyzed, issues of these applications practical resolving are considered, as well as suggestions for improving the legal regulation in case of the closure of the proceedings or leaving the application without consideration are proposed. While analyzing examples of case law, it was established that the lack of legislative regulation of the procedure for confirming or denying the existence of grounds for the amount of court fees refund causes a lot of confusion and contradictory solutions to the judiciary in this regard. The position on the impossibility of equalization due to the different procedural nature of leaving without consideration of statements on procedural issues, such as: on providing evidence, on securing a claim, on dismissal of a judge, and leaving without considering a statement of claim as a civil procedural institute, regulated by Art. 257 of CPC of Ukraine are justified. It has been concluded that in case the court finds circumstances that are grounds for the application of the institute of leaving the application without consideration and provided for in Art. 257 of CPS of Ukraine, when considering applications on procedural issues, should apply such a special legal consequence as a return of the application without consideration. It has been established that returning an application on procedural issues without consideration and leaving an application without consideration are completely different legal categories. Return of applications on procedural issues without consideration due to its legal nature is a special basis for the application of the return of the application institute, and therefore the legal consequence of such an application would be considered not filed at all. In this connection, it has been proposed to enshrine in the legislation the provisions on the refund of the court fee in case of return without consideration of the application on procedural issues, for the submission of which such payment was paid.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116858782","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":"MANAGEMENT SYSTEM OF BANKING BUSINESS DEVELOPMENT","authors":"Yaryna Pas","doi":"10.32518/2617-4162-2021-2-168-174","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-168-174","url":null,"abstract":"The current development of the economy and the state of the banking system provokes significant changes in the functioning of banks, especially in conditions of economic and political instability. Rapid response to external and internal factors that affect the development of the banking business is the main task of the bank’s management entity. That is why the issue of management system of banking business development becomes especially significant, which determines the relevance of the chosen topic and the feasibility of the carried out research for the development of the issue. The article examines the statutes of existing Ukrainian banks and determines that the management system of banking business development is formed by three higher governing bodies of the bank that is the general meeting of the bank, the supervisory board and the bank’s board. The purpose of the article is to determine the organizational system of the bank, which is part of the overall management system of the banking business. In the process of analysis of the methods of theoretical and empirical research (system method, method of comparison, method of generalization, scientific abstraction, tabular method) and others are applied. The project of standard powers of exclusive competence of the general meeting of bank participants, the project of standard functions of exclusive competence of the bank’s supervisory board and the project of standard competences of the board for improving the internal management system of banking business development are proposed in the article. These three high governing bodies provide full management of the bank’s development. They determine the bank’s development strategy and implement it as well as control the financial condition of the bank and its compliance with current legislation of Ukraine and certain areas of development of the bank, share the full range of strategic, tactical and operational functions for managing banking development, ensuring the integrity of the management system of the banking business in general and its development in particular.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116604431","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 CONCEPT OF NATIONAL SECURITY AS AN ADMINISTRATIVE AND LEGAL CATEGORY","authors":"Marian Hurkovskyi, Markiian Sydor","doi":"10.32518/2617-4162-2021-2-26-32","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-26-32","url":null,"abstract":"Theoretical approaches to the definition of \"national security\" in the context of national legislation and international obligations of Ukraine are considered. It is noted that under conditions of aggression of the Russian Federation concerning Ukraine, scientific researches of fundamental concepts in the context of national security have practical value. Based on the analysis of the legislation, the dynamics of changes in the definition of \"national security\" is presented. The definitions of the term «national security» in the member states of the European Union are analyzed. The components of national security are determined: state, public, information, ecological, economic, transport, energy security, personal security. The mutual connection between national security of the state, society and the person is considered. The lack of the definition in the current legislation of the concept of \"national security\" is explained by the fact that the complexity, versatility and dynamism of this concept need constant updating and improvement of the legislative base. An important place in the definition of national security in relation to other subjects of the multidimensional content of the studied concept of \"national security\" has an administrative-legal aspect, as a feature of national security from an administrativelegal standpoint is one of the parties to administrative-legal relations in the field of these relations. However, not defining this concept in the normative and legal framework allows adapting the approach to changing circumstances, operating differently with this category in the actual conditions.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127922801","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":"TYPICAL INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF CYBER DIVERSIONS INVESTIGATION","authors":"O. Peleshchak","doi":"10.32518/2617-4162-2021-2-94-100","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-94-100","url":null,"abstract":"Ensuring Ukraine's national security is becoming an increasingly important task in the context of the implementation of the European vector of development and the hybrid war with Russia. In the conditions of an undeclared war, sabotage on the territory of Ukraine is more real than ever. Such crimes are professionally disguised as other criminal offenses, in particular in the field of use of computers, systems, and computer networks and telecommunication networks, and the ways of their commission are quite diverse and are qualified by separate articles of the Criminal Code of Ukraine. It is sometimes problematic for law enforcement agencies to objectively classify a criminal offense at the initial stage of the investigation, which leads to duplication of work by different bodies of the pre-trial investigation, its improper subject, resulting in the unsatisfactory implementation of the prosecution and thus failure to perform criminal proceedings. The purpose of the study is to summarize typical investigative situations and identify tactical tasks to be addressed as a matter of priority, the initial stage of investigation of criminal offenses in the use of computers, systems, and computer networks, and telecommunications networks to confirm or refute the presence of signs of sabotage. According to the results of the study, it was concluded that the need to identify specific investigative situations is due primarily to the fact that clarifying its elements significantly saves time and resources of law enforcement to address typical tactical tasks that must be performed to determine the appropriate subject of investigation (jurisdiction). The typification of investigative situations of the next stage of investigation of criminal offenses by the proper subject of investigation directly depends on the timely and objective solution of the priority tactical tasks. The latter is directly affected by the state of the investigation of criminal proceedings, which is determined by the degree of fulfillment of the tactical tasks of the initial stage of the investigation. The state of the criminal investigation should be assessed in order to determine a model of the situation in which the appropriate subject of the investigation will have to initiate the next stage of the investigation.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132076331","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":"ADMINISTRATIVE AND LEGAL REGULATION OF INTERNAL CONTROL IN THE BODIES OF THE NATIONAL POLICE","authors":"S. Yesimov, A. Perepelytsia","doi":"10.32518/2617-4162-2021-2-72-78","DOIUrl":"https://doi.org/10.32518/2617-4162-2021-2-72-78","url":null,"abstract":"The article deals with the theoretical issues of administrative and legal regulation of internal control in the National Police. It is noted that the administrative and legal regulation of internal control in the National Police s an administrative and legal institution that has an independent subject matter and method of legal regulation. Internal control is defined as purposeful activity of normative and law enforcement nature of authorized officials and control and supervisory units of the National Police on the regulation and implementation of public relations in the field of internal control by legal means. Only that part of them that provides organizational, procedural and human rights bases of stability, guarantee and reliability of target information on the state of functioning of the National Police and each territorial body and subdivision becomes the subject matter of legal regulation of internal control. The structure of the subject matter of legal regulation in the field of internal control in the police consists of three parts. The first part of the subject matter of administrative and legal regulation of internal control are the principles, objectives of the organization and implementation of control activities that define and specify its place in the administrative system, as well as the task of identifying faults and positive experiences that significantly affect the legality and efficiency. Since the order of organization of internal control is entrusted to the relevant head, the powers are formed by two blocks: rule-making, components of regulatory and organizational activities to establish the order, goals and directions of internal control of subordinate units and officials. The third group of relations includes social relations, which consist of methods and forms of control actions that ensure the reliability and objectivity of the collection of targeted information, the timely adoption of administrative response measures.","PeriodicalId":331578,"journal":{"name":"Social & Legal Studios","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130203560","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}