InformatologiaPub Date : 2022-01-01DOI: 10.32914/i.55.1-2.3
O. Barabash, Kateryna Dobkina, S. Senyk, Yevgeniya Klyuyeva, Alina S. Martiuk
{"title":"European human rights standards","authors":"O. Barabash, Kateryna Dobkina, S. Senyk, Yevgeniya Klyuyeva, Alina S. Martiuk","doi":"10.32914/i.55.1-2.3","DOIUrl":"https://doi.org/10.32914/i.55.1-2.3","url":null,"abstract":"Given the need to bring Ukrainian law in line with the norms and principles of international law, it is important to study European legal experience and European legal doctrine. The purpose of the article is to study the current problems of using the legal positions of the ECtHR in the decisions of Ukrainian courts. The study found that despite the legal consolidation of the status of ECtHR decisions as a source of law in Ukraine, the reasons that hinder the proper application of ECtHR practice are the lack of a systematic and well-established methodology for motivating court decisions using effective interpretative interpretation of ECtHR on specific decisions.The need to develop practical recommendations and methods of direct use of the practice of the Strasbourg court in the decisions of Ukrainian courts is pointed out. The methodological basis of the study is a dialectical method of cognition, which allows to explore problems in the unity of their social content and legal form, logical-semantic method, method of synthesis, system-structural method, sociological and statistical method and others. The practical significance of the obtained results is determined by the ability to increase the role of ECtHR decisions in ensuring human and civil rights in a democratic society.","PeriodicalId":35333,"journal":{"name":"Informatologia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69446163","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}
InformatologiaPub Date : 2022-01-01DOI: 10.32914/i.55.1-2.9
B. Holovkin, M. Melnyk, Viktor M. Trepak
{"title":"Current state and trends in the development of\u0000legislation to prevent corruption","authors":"B. Holovkin, M. Melnyk, Viktor M. Trepak","doi":"10.32914/i.55.1-2.9","DOIUrl":"https://doi.org/10.32914/i.55.1-2.9","url":null,"abstract":"The purpose of the study is to provide theoretical and legal and comparative legal analysis of the es-sence, content, modern trends and features of anti-corruption legislation, develop proposals for improving Ukrainian anti-corruption legislation. In the process of solving research problems, general scientific methods of cognition were used, in particular: analysis, synthesis, comparison, analogy, deduction, induction, abstraction; as well as special methods: comparative legal, legal-sociological, formal-legal, systematic method and the method of structural-functional analysis etc. The analysis of criminal law norms shows that the main trends in the modernization of the criminal legislation of Ukraine on re-sponsibility for crimes of corruption in general have a positive trend. At the same time, the criminal-legal impact on public relations associated with the commission of socially dangerous acts of a corrupt nature needs further improvement in order to prevent and timely suppress corruption crimes. In Ukraine, there are parallel systems of administrative and criminal liability for corruption-related offenses, which often leads to duplication and generally weakens the effectiveness of anti-corruption measures. In addition, the general anti-corruption laws adopted in Ukraine give the impression of a solid legal basis, but they are often inactive, since their provisions are not supported by sound law enforcement practice. Also, the anti-corruption experience of the proposed countries, such as Sweden, Finland, Germany and France really looks like a certain benchmark to which every country, including Ukraine, should strive and take example from them.","PeriodicalId":35333,"journal":{"name":"Informatologia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69446241","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}