Journal of the National Academy of Legal Sciences of Ukraine最新文献

{"title":"The role of the international committee of the red cross in resolving international conflicts","authors":"Adel Hamzah Othman","doi":"10.37635/jnalsu.28(3).2021.154-161","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.154-161","url":null,"abstract":"The relevance of the problem under study lies in the presence of armed conflicts in the international arena and the presence of a diverse abundance of ways to regulate them. The main purpose of this study is to identify the main provisions of international law applicable in international conflicts through the lens of the role of the Committee of the Red Cross in its development. This study covers and thoroughly analyses the history and the main purpose of the origin of the organisation. Furthermore, the study engages in an in-depth examination of the basic tasks and principles of the Committee's activities. As a result of the study, the existing theories of the participation and influence of the Committee in international legal relations will be clearly identified, as well as those theories that have emerged due to innovations in legal thinking and are capable of covering the specific features of the practice and effectiveness of this non-governmental organisation. In addition, the designation of the actual problems of the existence of this organisation, its relevance in the modern world, and the strength of the support of the world society. Among the successes of the scientific analysis of the role of the International Committee of the Red Cross in the development of international humanitarian law applicable in international conflicts is the reasoned hypotheses and confirmed statements of the importance of the Committee, which are described by the features of modernity, relevance, and compliance with the information and technological development of social relations of participants in healthy international relations, their supporters and opponents. This also includes the systematisation of scientific research, their analysis and reasonable refutation. A journey into the history of the emergence of international conflicts, their modification according to the development of social relations, as well as the processes of globalisation, will be the subject of comparative analysis aimed at identifying new methods and ways to avoid them","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43530110","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":"History of regional relations in foreign political activity of the Republic of Kazakhstan (1991-2014)","authors":"Ganiy M. Karassayev, K. Yensenov, B. Naimanbayev, A. A. Oskembay, Hadisha K. Ermukhanova","doi":"10.37635/jnalsu.28(3).2021.119-128","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.119-128","url":null,"abstract":"Lately legal framework of Kazakhstan’s relations with other countries has been formed, the confidence and respect of the world community for the country has increased. This research article examines the regional partnerships of the East Kazakhstan and North Kazakhstan regions of the Republic of Kazakhstan from 1991 to 2014 on the basis of archival data, documents in collections and analysis of scientific papers. The multifaceted partnerships of the regions of the Republic of Kazakhstan with the regions, districts, border areas of the Republic of Kazakhstan distinguished by their importance and effectiveness are studied. Experience in this area shows that such a partnership in foreign policy allows for the full realization of relations, especially in the economic and social spheres. Through such cooperation, it will be possible to deepen interstate relations on the basis of mutual benefit. It will be possible to identify the specifics and bilateral needs of the regions, and further establish contacts on a regular basis. Thus, the purpose of all agreements with foreign countries concluded since the beginning of the 90s of the XX century in economic, cultural, health, education, science and other areas was to involve all regions of Kazakhstan in this relationship. Such activities take into account the provision of cooperation and exchange of experience with countries that have developed through high technical development","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41247070","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":"Economic sovereignty and economic security of Ukraine (interrelation and mutual understanding) in the context of their doctrinal and legal support","authors":"Vasyl Ya. Tatsii, Ye Bilousov, D. Kosinova","doi":"10.37635/jnalsu.28(3).2021.209-223","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.209-223","url":null,"abstract":"The purpose of this article is to address current issues of doctrinal and legal security of economic security of the state with the actualisation of issues concerning the relationship between the concepts of “economic security” and “economic sovereignty” in their relationship and mutual understanding. The authors pay attention to the analysis of existing in the national legal doctrines of individual countries scientific approaches to the definition of “economic sovereignty”, clarify its main features, analyse the scientific approaches of domestic and foreign researchers to define the concept of “economic security” and on this basis own vision of the instrumental content of these definitions. It is argued that the concept of “economic sovereignty” is primary in relation to the concept of “economic security”. The article examines the national systems (models) of economic security of the state, including, in particular, American, Japanese, Chinese, models of institutional entities (in particular, the EU), models typical of countries with economies in transition. The authors found that Ukraine is characterised by a system (model) of economic security of countries with economies in transition, which is fragmented and inconsistent in its construction, which ultimately affects the state of economic security of the state as a whole. It was found that the main goal of Ukraine at this stage of its development in the context of building a national model of economic security is to create an effective system of means to overcome or minimise existing or potential threats, especially in the context of globalisation of trade and economic relations. The paper emphasises the need to borrow positive foreign experience of legal support of relations for the creation and implementation of national systems of economic security of the state to gradually transform Ukraine into an important participant in the processes of international economic security","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44157628","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":"History of partnership relations of the Republic of Kazakhstan with far abroad countries (1990-2000)","authors":"Gani M. Karasayev, R. R. Ospanova, B. Naimanbayev, K. M. Yerimbetova, G. Kairgaliyeva","doi":"10.37635/jnalsu.28(3).2021.109-118","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.109-118","url":null,"abstract":"The relations with foreign countries, which began to be implemented in the first years of independence of the Republic of Kazakhstan are of particular importance. It is known that conducting the country's economy in accordance with the requirements of world market relations, receiving investment and financial assistance from these countries, exchange of experience, the establishment of import-export trade relations have become the basis for the future of the country. That is why the establishment of multifaceted relations on an equal footing with foreign countries, whose economies have reached the level of advanced development, is included in the main work plan of the foreign policy of the Republic of Kazakhstan. The article considers the political, economic and cultural partnership of the Republic of Kazakhstan with Japan, Turkey, South Korea, India, Israel, Mongolia and other foreign countries in the first decade of independence. Data, documentary materials and works of scientists dealing with international politics were used, a scientific analysis of the topic conclusions were made, and recommendations for further study of the case were given","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48301879","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":"Human rights and positive obligations of the state","authors":"V. Kovalchuk, I. Zharovska, B. Gutiv, B. Melnychenko, Iryna O. Panchuk","doi":"10.37635/jnalsu.28(3).2021.27-35","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.27-35","url":null,"abstract":"At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to ensure these rights. Such obligations usually derive from international human rights treaties or from the interpretation of international judicial bodies that monitor the implementation of corresponding international treaties. Therefore, it is crucial for the doctrine and practice of international law in the field of human rights protection to analyse the positive obligations of the state, which are consolidated in international treaties and the practice of international judicial bodies. The purpose of this study is to analyse human rights and positive obligations of the state in the context of regional mechanisms for the protection of human rights. Among the general scientific methods, the study used the analysis and synthesis, as well as deduction, induction, prediction, modeling, analogy and other general scientific methods. A thorough study of the positive obligations of the state would be impossible even without the use of special methods of study and cognition, which include comparative legal, historical and legal, technical, and structural-functional methods. In particular, one of the leading research methods was the comparative legal method, which was used to study the practice of regional mechanisms for the protection of human rights. The study provides an overview of the modern interpretation of positive obligations of states. Specifically, this study focuses on the practice of the European, Inter-American and African Human Rights Courts in the context of applying the state's positive obligations","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46212783","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":"Technique of generalization of results of comparative historical and legal research","authors":"V. Honcharenko, D. A. Shyhal","doi":"10.37635/jnalsu.28(3).2021.74-84","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.74-84","url":null,"abstract":"This study investigates the technique of organising the information obtained during the comparative historical and legal analysis. The main methods of data systematisation include classification and typologization. Classification is manifested in the division of objects into certain classes and can be based on a variety of criteria. Therewith, each individual classification should be performed based only on one feature. In contrast to the classification, typologization can be performed on a set of essential features and is aimed at understanding the essence of the phenomena under study. Any historical and legal typologization depends on the selected criteria. The result of comparative historical and legal analysis can be the production of entire arrays of information, to organise which it is advisable to use methods of cluster analysis. Cluster analysis constitutes a set of techniques that allow classifying multidimensional observations, and its purpose is to create clusters – groups of similar objects. This study also provides an algorithm for using cluster analysis. All the above methods of information systematisation serve as the basis for further evaluation of the data obtained, the main element of which is an explanation. It is in the process of explanation that the essential aspects and relations of the compared historical and legal objects are covered and the internal causal relationship between the studied state and legal phenomena is established. Evaluation of the results of comparative historical and legal research does not end with a simple explanation, but can also continue in scientific forecasting, the logical basis of which is the method of modelling. The process of modelling at the stage of systematisation and evaluation of the results of comparative historical and legal research takes place in several stages, which are also covered in this study","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48886079","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":"ECHR decision to refuse to waive the immunity of a person under article 1 of the protocol no. 6: Individual interpretations of the essence and consequences","authors":"B. Shchur, I. Basysta","doi":"10.37635/jnalsu.28(3).2021.257-267","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.257-267","url":null,"abstract":"In present-day Ukraine, there is no unanimous answer to the question of the essence and consequences of the ECHR decision to refuse to waive immunity under Article 1 of the Protocol No. 6 either in the national criminal procedural legislation, or in the theory of criminal procedure, or among judges, investigators, prosecutors. Therefore, the purpose of the present paper is to try to attempt to formulate individual approaches to address this issue. The relevance of the subject under study is conditioned upon its theoretical and practical components. The former is that there this area is heavily understudied, and judicial practice, among other things, requires a certain scientific basis to formulate individual positions in their unity. The dilemma proposed in the title of this study was also addressed by members of the Scientific Advisory Board of the Supreme Court, who were approached by judges of the Grand Chamber for scientific opinions, emphasising the urgency and necessity of feedback from practitioners. To formulate the individual approaches serving the purpose of this study, the authors employed such general and special research methods as dialectical, induction and deduction, Aristotelian, system-structural, sampling method, comparison, and legal forecasting. Notwithstanding the fact that the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6, adopted by its plenary session in accordance with Article 4 of the Protocol No. 6 to the General Agreement on Privileges and Immunities of the Council of Europe, is “procedural”, it was proven that the Grand Chamber of the Supreme Court has the authority to conduct proceedings on the application of such a person to review the judgment precisely in exceptional circumstances. It is emphasised that the ECHR decision should be considered as one that does not aim at the final assessment of criminal proceedings, so it cannot be equated with the decision of an international judicial institution, which would state Ukraine's violation of international obligations in court and the order of its execution will differ. The authors also address the fact that the consequences of the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6 are critical. After all, such a decision of the European Court of Human Rights is the “bell” for Ukraine, which, among other things, may hint at the probability that the Court will identify the facts of human rights violations","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46035598","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 the police units’ activities of European countries in the road safety field","authors":"A. Chervinchuk, Yevheniia Pylypenko, S. Pekarskyi, T. Rekunenko, Yurii Koller","doi":"10.37635/jnalsu.28(3).2021.311-319","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.311-319","url":null,"abstract":"Administrative and legal tools and instruments in the activities of the police in the field of road safety are little-studied issues in the scientific literature, and law enforcement and international legal, organizational practice do not always comply with the law. Blurred legal regulation of road safety is one of the problems of reducing accidents, accidents and deaths. The purpose of this article is to identify the effectiveness of legal regulation of police units in European countries in the field of road safety. The research methodology is based on the “anthropological approach in which the overall research context is emphasized in the text”. Secondary interview data and content analysis of publications for 2008-2021 were used to conduct a qualitative research to study EU policy and norms. The results demonstrate progress in road safety through a comprehensive system approach of policy implementation under the Road Safety Program 2011-2020. Improving compliance with the rules is one of the main components of EU policy implemented by various countries at the national level through national road safety programs. As a result of increased controls, most EU countries have managed to reduce accidents and deaths, but in middle-income countries there are still problems with police operations. These problems concern the inadequate outdated legal framework, which is not effective in the conditions of dynamic change of road infrastructure, integration of intelligent systems on roads for the strengthened control and accident prevention. EU policy and national legislation often remain rather vague, particularly in the context of motorcyclist and pedestrian safety, especially in urban areas. The lack of accuracy and detail in the legislation of safety measures exacerbates the problem of accidents. Police activities often do not provide a sufficient level of control when, under environmental pressures, the police are unable to provide quality traffic and data management","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45321313","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":"Salary optimisation in Ukraine in the context of the economy Europeanisation","authors":"O. Yaroshenko, О. Lutsenko, N. Vapnyarchuk","doi":"10.37635/jnalsu.28(3).2021.224-237","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.224-237","url":null,"abstract":"In the context of active legislative prospects of the labour legislation of Ukraine in the aspect of their European integration, there are issues of developing and implementing effective remuneration systems and optimising them, which should be aimed at solving the problems of developing the Ukrainian economy, ensuring a combination of economic and social interests and goals of individual employees and managers of enterprises. This requires the application of new approaches to the organisation of wages, considering the specifics of enterprises and the experience of domestic and foreign companies, as well as scientists in the field of wages. The establishment of effective mechanisms in the remuneration system, which should ensure social and economic justice in labour relations, plays a significant role in resolving the relevant issues. This is primarily the observance, protection and restoration of the subjective rights of employees to pay in case of violation. If most of the outlined general social and economic problems cannot be solved by one means or another, it is not only possible but also necessary to formulate priority purely legal tasks related to the optimisation of legal regulation of wages. The article reflects: 1) the international legal basis for the establishment of an appropriate level of wages, 2) foreign experience in the establishment of optimised wages and 3) scientific and applied approaches to optimising wages in the Ukrainian economy under the influence of European integration processes. During the writing of this article, for a comprehensive disclosure of the issues, to achieve an objective scientific result and formulate appropriate conclusions, the authors used general and special methods of cognition (dialectical, functional, Aristotelian, comparative legal, hermeneutic, method of comparison). The article concludes that the existence of many intra-industry tariff grids in Ukraine in practice only complicates law enforcement. If there really was a Unified Tariff Grid, which would consider all professions, their features and the specifics of working conditions, there would be no need for each sector of the economy to develop its own tariff grid. Currently, there is a situation when within the UTS itself there is a significant number of other internal tariff grids in various areas and industries. The UTS should be developed based on the Dictionary of Occupational Titles, as it is the unified act that contains a list of professions that exist in the economic life of Ukraine. Therefore, each of these professions must be assigned its own tariff coefficient and the corresponding category. Wage growth should depend on the employee's qualifications, level of education, and productivity","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48365035","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 idea of independence and freedom in the activities of Hasan Oraltay","authors":"Bakytzhan B. Aktailak, T. Sadykov, G. Kushenova, K. Battalov, Ainur P. Aliakbarova","doi":"10.37635/jnalsu.28(3).2021.97-108","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.97-108","url":null,"abstract":"Hasan Oraltay is a Kazakh figure abroad, researcher of the national liberation movement, historian, publicist, author of works in Turkish, Kazakh, English, German and other languages, honorary professor of the International Kazakh-Turkish University. He devoted all his life to serving for the benefit of the Kazakh people. In the 20th century, the Kazakhs of East Turkestan waged a liberation struggle for their freedom and independence. Hasan Oraltay wrote a chronicle of the life of the Kazakhs, persecuted by the totalitarian communist system in their homeland and gained freedom in the West. His writings highlight the history of the Alash national intelligentsia and all the pressing problems of Kazakhstan. The scientific novelty of the research is determined by the fact that the article deals with the writer's and, as is known, the historical role of Hasan Oraltay, from the perspective that the Kazakhs of East Turkestan, picking a pen, declared the first swallow of the national liberation struggle to the world. Half a century ago, his first book was published in the Turkish city of Izmir “On the way to freedom. Kazakh Turks of East Turkestan”. Until the last period of his life, all works written and organised by him were devoted to urgent problems concerning the Kazakh people, for the Kazakh past and future. Radio Azattyk (RL/RFE) was the first to speak about the uprising of Kazakh youth against the Soviet system in December of 1986. Later, Hassan Oraltay published in the Western press various articles about the December events, collections and books, in which he assessed the protest mood in Soviet Kazakhstan. The practical significance of the study is determined by the fact that for 27 years of service in Azattyk, Hasan Oraltay constantly raised the urgent problems of Kazakhs in the Soviet Union. The study collected all information on the ideas of independence","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42408960","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}