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

{"title":"The problem of the nation and national values in the ideology of Marxism","authors":"S. Aralbay, G. Telebaev, Оmirbek Bekezhan, A. Sagatova, K. Abdrahmanova","doi":"10.37635/jnalsu.28(3).2021.56-63","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.56-63","url":null,"abstract":"Analysis of the influence of the ideas of Marxism on the national values of the Kazakh people in the Western and Soviet Union were founded by K. Marx and his ideological partner F. Engels. Although the ideas of Marxism were intended to resolve the economic and social contradictions that occurred in Western countries, they belonged to this view. And the communist ideology, formed on the basis of Marxism, bypassed Western culture and radically changed the national values of the Kazakh state within the Soviet Union, the culture of thinking. Identification of the main mistakes in the ideas of Marxism and the consequences of one-sided scientific concepts took place in further development. In this article the author analyzes the Soviet government on the way of creating a formation of communism with the definition of one-sided scientific factors that took place in the ideology of Marxism and the state of Kazakhstan that was part of Soviet Union and its cultural essence. The author proves that the main mistake in the ideology of Marxism is that the problems of national values remain outside the process of society; ideologists turned a blind eye to this problem and as a result, have lost the existing opportunities","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43095502","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":"Municipal policy as a priority area of legal policy in the context of reforming the territorial organisation of power and European integration of Ukraine","authors":"S. Serohina, Iryna I. Bodrova, M. Petryshyna","doi":"10.37635/jnalsu.28(3).2021.129-143","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.129-143","url":null,"abstract":"The present study investigates the problems of development and implementation of municipal policy in Ukraine. It was found that the essence of municipal policy of Ukraine, given the ongoing decentralisation reform, is that it is a relatively stable, organised, purposeful activity of public authorities and local governments, which aims to build a capable local government, adequate to the needs and interests of territorial communities. The study describes the elemental composition of municipal policy. The authors of this study established that its elemental composition includes: the concept of system-structural and organisational-functional organisation and activities of local authorities at different levels of administrative-territorial organisation; a coordinated system of regulations that govern the organisation and activity of local bodies of state executive power and local self-government, establish the scope and limits of their competence, determine the features of interaction and the procedure for resolving disputes between them; regulatory basis of resource provision of local self-government; legislative definition of a body or official in the structure of state executive bodies, which represents the interests of the state in the corresponding territory, has the right to exercise control powers, and constitutes a link between the territorial community, local governments and the system of state executive bodies; formally defined decision-making algorithm on issues relating to local self-government; system of monitoring the national municipal policy. The authors also identified the main blocks of issues under study, which require further use of a comprehensive scientific approach to their legislative solution","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46544362","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":"Gender dimensions in the coordinate system of public management and administration","authors":"Gulbarchyn N. Muratbaeva, V. Nikolaiev, O. Vasylieva, N. Vasylieva, S. Moskalenko","doi":"10.37635/jnalsu.28(3).2021.144-153","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.144-153","url":null,"abstract":"Nowadays, constitutional reforms are continuing, which are aimed at the development of a democratic state governed by the rule of law and European integration. Equal rights and opportunities for both genders constitute one of the fundamental principles of democracy and respect for the individual. Gender equality permeates all the provisions of the Constitutions of Kyrgyzstan and Ukraine. In fact, the Fundamental Law determines the gender strategy for the state. The most important line of the women's movement in recent years has been lobbying for necessary changes in laws and draft laws related to gender issues. The study analyses some aspects of women's representation in the activities of government bodies in Ukraine and the Kyrgyz Republic. The study presents theoretical and practical opinions, expert assessments on the representation of women in a state governed by the rule of law. The problems of reforming the legislation and the foundations of public relations since the beginning of the 1990s and up to the present time are also addressed, leading to a rethinking of the essence of gender equality and contributing to the activation of the development of new approaches to legal regulation in the given subject area. During the analysis, it was noted that to perform international obligations to achieve gender equality in the countries under study, constitutional framework and guarantees of adherence to the principle of equality were developed, which is also constituted in the provisions of the Fundamental Law of the Kyrgyz Republic and the Constitution of Ukraine","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48998574","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":"How was the army of the Alash state built?","authors":"S. K. Zhussip, Dikhan Qamzabekuly, S. Syzdykov, Kairbek R. Kemengger, K. Maslov","doi":"10.37635/jnalsu.28(3).2021.85-96","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.85-96","url":null,"abstract":"It was 1919, that is, on the eve of the mutual acknowledgement of the Alash Autonomy and the Soviet rule of each other and the incorporation of the Kazakh Autonomy in the USSR. However, historical facts confirm that the leader of the Kazakhs was attempting to build a national army, a fully legal one, even during the period of the first Russian revolution of 1905-1907, therefore in the period of the autocratic rule of the colonial empire, despite a number of insurmountable obstacles that seemed to stand in the way. The article is devoted to a historical analysis of the process of creating a legal national army of the Kazakh population and the political legalization of the Autonomous State of Alash on the territory of the Russian Empire in the late 19th – early 20th century. The leader of the Kazakh National Movement “Alash”, Alikhan Bukeikhan was attempting to build a legal national army even during the period of the first Russian Revolution 1905-1907. However, he achieved his goal only after the February Revolution of 1917 – on the eve of the civil war, launched by the Bolsheviks.The leader of the Kazakh National Movement “Alash”, Alikhan Bukeikhan was attempting to build a legal national army even during the period of the first Russian Revolution 1905-1907. However, he achieved his goal only after the February Revolution of 1917 – on the eve of the civil war, launched by the Bolsheviks","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43857269","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":"Areas of reforming the statutory regulation of academic integrity in Ukraine","authors":"N. Kuznietsova, I. Nazarov, Leonid V. Yefimenko","doi":"10.37635/jnalsu.28(3).2021.176-185","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.176-185","url":null,"abstract":"Academic integrity is the most important requirement for scientific research. However, the legal regulation of relations ensuring the academic integrity in scientific and educational activities is fragmented and does not contain effective mechanisms for influencing the violator of academic integrity. This necessitates a doctrinal study of the category “academic plagiarism” and the development of areas for reforming the current legislation in this field. Therefore, the purpose of this study is to analyse the statutory regulation of academic integrity as a phenomenon, the concept of academic plagiarism, its differences from plagiarism in the context of copyright compliance, to identify the scope of subjects responsible for establishing the facts of violations of academic integrity and their powers in the field of responding to corresponding violations, procedures for bringing to justice in case of violation of academic integrity. The present study, based both on general (historical, comparative, logical, and system) and special (structural-functional, formal legal, sociological, statistical, etc.) methods analyses the prospects of statutory regulation of the relatively new concept in Ukraine, which is academic plagiarism, including the legislative norms concerning the establishment of the concept of academic integrity, types of violations of academic integrity, procedures for considering issues of possible violations of academic integrity, types of responsibility for violations of academic integrity and bodies that have the right to apply them, verifies their compliance with international standards. The paper analyses the practice of the National Agency for Quality Assurance of Higher Education of Ukraine both on the consideration of complaints about violations of academic integrity, and within the framework of accreditation of educational programmes. Attention is drawn to the contradictions of current legal provisions in the legislation of Ukraine in the field of academic integrity. Proposals to the current legislation are formulated to optimise the legal regulation of the issue of compliance with academic integrity. The authors express their opinion on the necessity of accumulating legal regulation of academic integrity within the framework of a single law “On Academic Integrity” to define higher education institutions and scientific institutions as the main subject of ensuring compliance with the principles of academic integrity, and the National Agency for Quality Assurance of Higher Education – mainly by the appellate instance regarding decisions of higher education institutions on violations of academic integrity; adjusting the list of violations of academic integrity and specifying the procedure for their establishment and stimulating higher education institutions to real and not formal compliance with the principles of academic integrity","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48576466","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":"Criminal law as a means of protecting human rights and freedoms in the modern world","authors":"V. Haltsova, S. Kharytonov, Oleksandr М Khramtsov, Oleksandr Zhytnyi, Andrii Vasyliev","doi":"10.37635/jnalsu.28(3).2021.248-256","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.248-256","url":null,"abstract":"This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":"28 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41297935","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":"Practical-oriented nature of learning as an important component of legal education reform in Ukraine","authors":"A. Hryniak, M. Pleniuk, Anatolii Lapko","doi":"10.37635/jnalsu.28(3).2021.186-196","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.186-196","url":null,"abstract":"The relevance of the study of practice-oriented educational process is due to the processes of reforming legal education in Ukraine, attempts to theoretically determine the methods of teaching subjects and conducting independent classes. The study of the peculiarities of the organisation of students 'independent tasks, their verification and analysis of errors is due to its purpose, which is to study the practice-oriented nature of learning and identify learning difficulties in students' independent work, suggest ways to eliminate them and justify improving the learning process. Thanks to the basic methods of scientific knowledge, in particular general and special legal, the essence of independent work of students is revealed, which in its work contains the principle of developmental learning, both without the participation of the teacher and under his direct supervision. Based on the philosophical and functional method it was possible to outline the main function of the educational process – obtaining the maximum amount of knowledge, their consolidation and transformation into skills and abilities. Using the structural-functional method, it was investigated that among the most useful skills for students in solving problems independently are writing essays and working in groups. Thanks to the sociostatistical method, the essence of students' group work is revealed, which promotes mutual control, increases the level of motivation, development of cognitive activity, interest in performing joint work, etc. The result of the study is its validity on the rational organisation of methodological support of independent work of students, as well as on the possibility of high-quality assimilation of educational material by students, lays the foundation for further self-education and selfimprovement. It is substantiated that the performance of independent homework by students-lawyers of both theoretical and practical nature has a positive effect on the formation and development of special (subject) skills, including mastery and correct interpretation of legal terminology, definition of the most important features and nature of legal categories, ability to formulate and substantiate their position when analysing the situation from the standpoint of law","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46819476","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":"International standard of access to justice and subject of civil procedural law","authors":"V. Komarov, T. Tsuvina","doi":"10.37635/jnalsu.28(3).2021.197-208","DOIUrl":"https://doi.org/10.37635/jnalsu.28(3).2021.197-208","url":null,"abstract":"The current state of development of national systems of civil justice is described by the growing influence of the ideas of accessibility and efficiency of justice in civil cases and requires the harmonization of national systems with international standards of fair trial. This necessitates a rethinking of some classical provisions of the doctrine of civil procedural law to comply with modern realities. The aim of the article is to study the evolution and approaches to the modern interpretation of the international standard of access to justice in civil cases, as well as its impact on the doctrine of the subject of civil procedural law at the doctrinal level. The article is based on dialectical, histo rical-legal, system-structural, logical-legal, comparative-legal research methods, as well as methods of analysis and synthesis, autonomous and evolutionary interpretation of the European Convention on Human Rights (ECHR). The authors advocate a broad approach to the concept of access to justice, including access to justice, access to effective remedies and access to alternative dispute resolution. Through the prism of the international standard of access to justice, the ideas of procedural centralism, based on the idea of judicial protection as the main and most effective form of protection of violated rights, and procedural pluralism, based on the provision of multiple forms of protection, the effectiveness of which is determined by the circumstances of a particular dispute. The authors substantiate the conclusion about the expediency of the perception of the idea of procedural pluralism at the level of the national legal order. A parallel is drawn between the ideas of procedural centralism and pluralism that have developed in foreign literature, and the narrow and broad concept of the subject of civil procedural law, formed in the domestic doctrine. Taking into account the autonomous interpretation of the concept of “court”, enshrined in paragraph 1 of Art. 6 of the ECHR, as well as the increasing popularization of alternative dispute resolution, provide arguments in support of a broad concept of the subject of civil procedural law, including civil litigation and alternative dispute resolution, in particular, arbitration, international commercial arbitration, mediation, etc.","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41384420","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":"Consumer protection when purchasing goods on the Internet","authors":"A. Padalka, A. Gribincea, Iryna M. Lesik, O. Semenda, O. Barabash","doi":"10.37635/jnalsu.28(2).2021.189-197","DOIUrl":"https://doi.org/10.37635/jnalsu.28(2).2021.189-197","url":null,"abstract":"Considering the global spread of the use of modern technologies, the Internet is increasingly gaining popularity as a platform for trading. That is why the need to protect consumer rights when buying goods via the Internet keeps growing. In particular, the author considers the problem of implementing consumer rights when purchasing goods in online stores in Ukraine and Moldova. The study showed that Ukraine and Moldova are gaining huge rates of development in the internet trade sector, which is further intensified in the context of the global COVID-19 pandemic and the introduction of lockdown. In this regard, the issue of compliance with consumer rights on the Internet is extremely relevant today. When studying the issue of consumer protection upon purchasing goods on the Internet, the author used a formal and logical method to determine the content of the main concepts, systematise the material, and obtain generalising conclusions within the framework of the subject matter. The comparative legal method helped identify trends and compare the legislation of Ukraine and the legislation of the Republic of Moldova in the context of consumer protection when purchasing goods on the Internet. According to the findings of the study, the legislative framework in the area of protecting the rights of consumers who purchase goods via the internet should be one of the priority areas of the world’s states. With regard to the legislation of Ukraine and Moldova in this area, it should be noted that given that Ukraine and Moldova have European integration aspirations, which in particular is reflected in the ratification of the Association Agreement between Ukraine and the EU (European Union) of 2014, as well as the Association Agreement between Moldova and the EU of 2014, and the commitments made by these states to bring the legislation into line with the EU acquis, it is important to harmonise national legislation with EU standards in this area. In addition, the adoption of the concept of protecting the rights of consumers who purchase via the Internet is also important for Ukraine","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43527901","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 support for the activities of agricultural transnational corporations in Ukraine","authors":"M. Shulga, G. Korniyenko, I. Yakoviyk","doi":"10.37635/jnalsu.28(2).2021.234-242","DOIUrl":"https://doi.org/10.37635/jnalsu.28(2).2021.234-242","url":null,"abstract":"Agricultural transnational corporations have always expressed interest in Ukraine as a state with a strong natural potential and good and reliable prospects for agribusiness. Under the influence of factors such as climate change, an unprecedented increase in the world's population and, as a result, a high demand for agricultural products, this interest will increase, and the role of agricultural transnational corporations will grow every year. Therefore, one of the most urgent research and practical problems that lawyers will have to solve is the definition of the key term “agricultural transnational corporations” and the identification of their features. This will allow the Ukrainian legislator to regulate complex and multidimensional relations with their participation in the agricultural sector as accurately as possible and, in particular, govern relations concerning the activities of these subjects of agricultural business, and eliminate gaps in the current legal regulation. Considering this, the purpose of this study was to attempt establishing the essence of agricultural transnational corporations as a legal phenomenon based on an in-depth analysis and to define this term, classify these corporations on certain grounds and establish the specific features of their activities. The study was conducted considering the existing legal support of these participants in agribusiness relations. Research methods included a set of philosophical, general scientific, and special legal methods. The synergetic research method was the fundamental method of understanding the legal support of agricultural transnational corporations. It was proved that an agricultural transnational corporation is a complex entity that engages in agricultural activities in two or more countries, is managed and controlled from a single centre and comprises a parent company, subsidiaries, branches, and departments. The study analysed positive and negative aspects of the activities of agricultural transnational corporations. It was established out that the following agricultural transnational corporations act in Ukraine: in the field of crop production, animal husbandry, processing, servicing agricultural producers, and with mixed activities (simultaneously engaged in both crop production and animal husbandry). It was emphasised that the agricultural chain of a transnational corporation can cover different countries","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41373240","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}