Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav最新文献

{"title":"Judicial Controlling for Non-Casual Activity: International Experience","authors":"S. Kniaziev","doi":"10.33270/04191701.90","DOIUrl":"https://doi.org/10.33270/04191701.90","url":null,"abstract":"","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121861074","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":"Topical Issues of the Search for Missing Truckers","authors":"D. Nykyforchuk, D. Chemerys","doi":"10.33270/04191701.22","DOIUrl":"https://doi.org/10.33270/04191701.22","url":null,"abstract":"","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"278 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123291943","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":"Entity and Current Questions of Property Seizure in Criminal Proceedings at the Stage of Pre-Trial Investigation","authors":"T. Zelkina","doi":"10.33270/04191701.42","DOIUrl":"https://doi.org/10.33270/04191701.42","url":null,"abstract":"","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115249537","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":"Genesis of the Institute of Procedural Guidance: Historical and Legal Aspect","authors":"Marharyta О. Bibikova","doi":"10.56215/04221202.16","DOIUrl":"https://doi.org/10.56215/04221202.16","url":null,"abstract":"The result of the reform of the criminal process in 2012 was the introduction of a new institute of procedural guidance for pre-trial investigations. This institute has become the object of many scientific discussions, and therefore there is a need to analyse its historical and legal genesis to clearly understand the place and role of the prosecutor in modern criminal proceedings. The purpose of the study is to examine the institute of procedural guidance in criminal proceedings and identify promising areas for improving its legal regulation. The study used dialectical, system-structural, synthesis, formal-logical, and historical methods. It is proved that the institute of procedural guidance originated quite a long time ago. From the very beginning, monarchs used civil servants to represent exclusively their interests in certain processes that were important to them. It is established that the genesis of the institute of the prosecutor’s office began to be used quite widely, up to the development of a separate structure of the relevant state bodies and assigning them the function of supervision over certain spheres of life, that is, the functions of the prosecutor’s office expanded sufficiently and representation of the interests of the state in criminal proceedings became part of the overall function of supervision. With the change in the socio-political orientation of Ukraine’s development after independence, the place and role of the prosecutor’s office in the system of state bodies have evolved under the influence of advanced European trends. The reverse process of changing the functions of the prosecutor’s office in criminal proceedings has begun, namely, the function of total prosecutor’s supervision has begun to narrow and be reduced to procedural guidance of the criminal process and representation exclusively in certain cases. As a result of the study, it was stated that the legislation regulating the legal status of the prosecutor’s office has contradictions, namely, the Law of Ukraine “On Prosecutor’s Office” imposes broader powers on the prosecutor than the Constitution of Ukraine, which undoubtedly requires legislative correction by making appropriate changes. The findings of the study can be used in rule-making and law enforcement activities.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128439588","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 Status of the Initiator and the Person Granting Permission to Conduct a Polygraph Test","authors":"Oleksii V. Butenko","doi":"10.56215/04221202.30","DOIUrl":"https://doi.org/10.56215/04221202.30","url":null,"abstract":"The relevance of the study is conditioned by the need to regulate the legal status of participants in a polygraph examination as subjects of relevant legal relations. The purpose of the study is to improve the theoretical justification and applied component of the legal regulation of a polygraph examination in the security and defence sector of Ukraine, in particular the legal status of its participants. The methodological basis of the study consists of general and special methods of scientific knowledge, namely: hermeneutics, logical, system-structural, dogmatic, Aristotelian, generalisation, etc. It was proved that the peculiarity of a polygraph examination in the activities of the security and defence sector is that it is conducted to solve the problems of primary legal relations. Accordingly, the status of subjects in a polygraph examination is directly related to their legal status as participants in primary legal relations. It was determined that in the area of personnel support, during the examination of candidates for service (work), a polygraph test is appointed by the relevant subject represented by its head based on a regulation that establishes the procedure for checking candidates. It was noted that in the area of psychological support of counterintelligence and intelligence-gathering activities, the decision on the appointment of a polygraph test should be made by an official who has the right to approve the decision on the establishment of the relevant case; as for the initiator of the examination, it can be both the intelligence officer in charge of the case or the head of the operational unit or body. It was established that the appointment of a psychophysiological examination using a polygraph in criminal proceedings can be initiated by: the parties to criminal proceedings (in relation to themselves and other persons), the applicant, a witness (only in relation to themselves) and their representatives and legal representatives (in relation to persons whose interests they represent). Persons who have the right to appoint a psychophysiological examination using a polygraph are the investigator and the investigating judge.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114723458","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":"Observance of the Constitutional Rights and Freedoms of Man and Citizen During Surveillance","authors":"Larysa V. Kravchenko","doi":"10.56215/04221202.38","DOIUrl":"https://doi.org/10.56215/04221202.38","url":null,"abstract":"The relevance of the study, given the law enforcement practice of the courts of Ukraine and the case law of the European Court of Human Rights, based on the coverage of standard decisions, lies in identifying some errors in the pre-trial investigation. Further, the study disclosed the issues related to the observance of human and civil rights and freedoms during the surveillance. The purpose of the study is to identify the main reasons for recognising the evidence obtained during covert investigative action as inadmissible in the course of the trial. The methodological basis of the study is a comparative legal method based on the evaluation approach, a formal legal (dogmatic) method, analysis and synthesis. The study highlights individual papers in the context of the issue under consideration, which allowed disclosing the content of each of the areas and tracing their relationship. Based on the review of judicial practice and decisions of the European Court of Human Rights, the main reasons for declaring evidence inadmissible are presented and substantiated. In addition, individual court decisions on non-compliance with constitutional human rights and freedoms during such a covert investigative (search) action as surveillance are summarised and characterised. It was proved and argued that authorised bodies that have the right to authorise surveillance must comply with the norms of the European Convention on Human Rights. It is determined in which cases the court may recognise evidence obtained during surveillance as admissible. The ultima ratio principle, which guarantees the observance of constitutional human and civil rights and freedoms during pre-trial investigations, is highlighted separately. A personal opinion on each of the analysed decisions is formulated, considering national and international legislation. The practical value lies in the fact that the results of the study allow the prosecution to avoid mistakes during the collection of evidence in criminal proceedings.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128749372","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 and Legal Regulation of the Procedure for Granting Employee Consent to Work in New Working Conditions","authors":"Nataliia A. Cherevko","doi":"10.56215/04221202.09","DOIUrl":"https://doi.org/10.56215/04221202.09","url":null,"abstract":"In the conditions of dynamic development of the country and the world, the employer is in fact dependent on the Labour Code adopted in Soviet times, because it formulates concepts exclusively and does not define a mechanism for changing essential working conditions at all, which in practice is often abused by employees. The purpose of the study is to provide theoretical justification and develop proposals for improving the organisation of changes in essential working conditions at the legislative level based on the results of an analysis of the practice of applying the law in relevant legal relations. The main results of the study were obtained by methods of theoretical and methodological analysis of scientific literature, and formal-legal, comparative-legal, system-structural analysis, value-normative, and institutional methods. Based on the investigation and generalisation of the laws of Ukraine and judicial practice, the study covers the problems of providing employees with consent to work, systematises their existing forms, suggests ways to solve gaps in the current legislation, considers theoretical and practical problems of providing limited and conditional consent to continue work. Based on the results of the study, relevant conclusions in terms of achieving a balance of interests of the employee and employer, and a number of proposals for improving the current labour legislation were formulated. This paper is advisory, legal, and has practical value for both employers and employees. The studied issue is promising for further application in legislation, in particular the new Labour Code of Ukraine, and the detailing of certain points that are considered in the publication","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130033844","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 the Mechanism of Unlawful Appropriation of Vehicles During Martial Law","authors":"Alexander V. Bogatikov","doi":"10.56215/04221202.53","DOIUrl":"https://doi.org/10.56215/04221202.53","url":null,"abstract":"Today, the unlawful appropriation of vehicles in wartime is relevant because Ukrainians are faced with the problem of preserving their property during the war. The purpose of the paper is to consider the features of the mechanism of unlawful appropriation of vehicles in wartime, to identify and classify the subjects of their commission, to disclose and systematise the methods, means, and place of committing such crimes in accordance with the type of subject of their commission. To solve these issues, the study used a complex of both general scientific and special methods of scientific knowledge – system-structural, formal-logical, method of scientific knowledge, induction, deduction, analysis, synthesis, generalisation. Based on the results of the study, the features of the mechanism of unlawful appropriation of vehicles in wartime were established and disclosed. The subject of unlawful appropriation of vehicles during martial law was described and its classification was presented. The features of the method of committing unlawful appropriation of vehicles, depending on the subject of commission, were identified. A proportional dependence on the type of subject of committing a crime to the conditions, goals, means, and place of unlawful appropriation of vehicles in wartime was established. The methods of committing such crimes were systematised. Wartime conditions that promote unhindered unlawful appropriation of vehicles were established. Places of unlawful appropriation of vehicles during martial law were identified and classified. Purposes of committing unlawful appropriation of vehicles during martial law were investigated. The practical value of this study lies in the fact that the results obtained can serve as a basis for further scientific activities to investigate the features of the mechanism for unlawful appropriation of vehicles in wartime and used to more effectively counteract unlawful appropriation of vehicles, especially during martial law.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"924 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123494801","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 Status of the Business Entities in Ukraine in the Context of Changes in Current Legislation","authors":"Yurii Yurkevych, Mariia Vovk","doi":"10.56215/04221202.23","DOIUrl":"https://doi.org/10.56215/04221202.23","url":null,"abstract":"This study is relevant since currently, Ukraine undergoes the reformation and revision of private legislation, considering the European vector of development of the state. The problems of improving the status of legal entities as business entities were also considered. Therefore, the purpose of this study is to examine the legal status of business entities in Ukraine in terms of changes in legislation and to develop on its basis the original view of this issue. In accordance with the purpose of the study, the following methods are used: historical, systems analysis, generalisation, comparative and functional methods of scientific knowledge. The reform of civil legislation is under study and its necessity in the area of solving problematic issues of legal regulation of business entities in Ukraine was determined. It was stated that civil law eliminates the full liability of full members for the obligations of a general partnership. Ways to improve the legal mechanisms for regulating relations with the involvement of business entities and their participants were investigated. Moreover, the paper provides recommendations for amendments to the legislation to address the issues identified in the study. Provisions and conclusions of the study can be used in the preparation of relevant textbooks, manuals, and comments on regulations governing the status of the business entity and in the activities of such entities to address certain issues regarding their status.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121588030","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 the Investigation Legalisation (Laundering) of Property Obtained as a Result of Tax Evasion","authors":"Oleksandr V. Klimenko","doi":"10.56215/04221202.71","DOIUrl":"https://doi.org/10.56215/04221202.71","url":null,"abstract":"Based on an analysis of the macroeconomic situation in Ukraine, it is evident that the shadow sector of the national economy is intensifying. Its fictitious component has acquired a global scale, which consists in the withdrawal of significant financial resources from the legal economic sector by illegal means, the redistribution of billions of dollars in profits in favour of individual business entities, and the outflow of capital abroad, which determines the relevance of this study. The purpose of the study is to establish typical investigative situations of the initial stage of investigation of legalisation (laundering) of property obtained as a result of committing a tax crime. A system of general scientific and special research methods was used to achieve this goal, the main of which are comparative, comparative legal, logical and legal, statistical, and modelling. Typical investigative situations were systematised (depending on the established initial information, its nature and specifics regarding the number and reliability of data containing verification materials at the stage of entering information in the Unified Register of pre-trial investigations; procedural consequences of entering information in the Unified Register of pre-trial investigations related to the identification of the person who committed the crime; characteristics of sources of initial information about the crime, and the degree of awareness of interested persons about the progress and prospects of the investigation; degree of validity and volume of collected evidence regarding the predicate crime) and the areas of investigation and the algorithm for conducting procedural actions inherent in each stage in different investigative situations were proposed. It is established that investigative situations at the initial stage affect the definition of the tasks of investigation of legalisation (laundering) of property obtained as a result of tax evasion: establishing the event, method and subject of a criminal offence; identifying and exposing the persons who committed it; determining the nature and amount of damage caused by a criminal offence; identifying and procedurally consolidating traces of a crime; establishing links between tax evasion and other offences; identifying the causes and conditions that contributed to the commission of illegal acts (with a legal response to their elimination). The obtained results will help optimise the initial stage of investigation of crimes of this category and eliminate threats to the economic security of the state related to the sphere of taxation.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125692467","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}