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

{"title":"Current model of the state executive service in the system of public authorities of Ukraine","authors":"P. Makushev, А. V. Khridochkin, Hanna O. Blinova, O. Taldykin","doi":"10.37635/jnalsu.28(2).2021.105-113","DOIUrl":"https://doi.org/10.37635/jnalsu.28(2).2021.105-113","url":null,"abstract":"The relevance of the problem under study is due to the need for theoretical justification of the place of executive proceedings in the modern legal system of Ukraine and the functions of the state executive service to protect the rights of citizens and legal entities, as well as the interests of the country. The purpose of the article is to develop a modern model of administrative activity of state executive service bodies. The leading research method for this problem is modeling, which allows us to consider this problem as a focused and informed process of reforming the existing system of executive proceedings in Ukraine. The article presents the main causes of problem situations in executive proceedings and offers comprehensive ways to solve them, based on the structure of the modern state executive service, creating the theoretical foundations of executive proceedings and making specific amendments to the current legislation. The article clarifies the principles, functions and powers of the state executive service in Ukraine, as well as defines the functional features of the administrative activities of the state executive service bodies and discloses the contents of the administrative-legal status of the state executor in a mixed decision enforcement system. In Ukraine is not yet comprehensive research on state executive service in Ukraine in a mixed system of decision-making, with emphasis on the peculiarities of its reform in the present period and the formulation of the Concept. This determines the relevance of this study, its scientific and practical value","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":"49265698","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":"Problems of legal science in the context of modern state-building processes in Ukraine: Challenges and tasks","authors":"N. Parkhomenko, T. Podorozhna, T. Tarakhonych, L. Andrusiv, L. M. Mozoliuk-Bodnar","doi":"10.37635/jnalsu.28(2).2021.123-131","DOIUrl":"https://doi.org/10.37635/jnalsu.28(2).2021.123-131","url":null,"abstract":"The article examines the problems of legal science in the context of modern state-building processes in Ukraine through the prism of constitutional reform and ensuring the constitutional order. It is emphasised that one of the main causes of the socio-political crisis, economic unrest and social regress is imperfect legislation, which often does not meet the needs of Ukrainian society, European principles and international standards. On the other hand, it is obvious and historically confirmed that the adoption of a new Constitution or amendments to the current and improvement of legislation does not in itself mean a real law and order. For more than a quarter of a century, Ukraine has remained in a state of transition. It is noted that the assessment of the impact of constitutional legislation, which determines almost all reforms in the state, revealed the following priorities: the creation of favourable conditions for the formation of a new constitutional (state and social) system; determining the conditions for the formation of a new system of economic relations; consolidation of new principles of organisation and functioning of state and socio-political life; actual implementation of the provisions of the Basic Law; further constitutionalisation of all elements of the legal system; recognition of the authority of international law. Regarding the latter, it is stated that the legal ideas, norms and principles proclaimed in the Constitution of Ukraine, provisions on human and civil rights and freedoms must meet international standards, because by becoming a member of the Council of Europe, Ukraine has committed itself to implement European human rights standards, the supremacy of law and democracy. It is the amendments to the Constitution of Ukraine that should provide the foundation for democratic change and the construction of a European democracy that will allow building in Ukraine an independent European state, where every Ukrainian will feel dignified and protected. It was concluded that modern jurisprudence is characterised by a number of scientific methodological approaches, which allows a comprehensive approach to the study of law and legislation in different dimensions. This is objectively due to the constant complication of social relations, including international ones, and requires a deeper understanding of the content of this category and the prospects for its further development. This process will be effective only if it is carried out taking into account the specifics of law and, accordingly, the principles of its knowledge. There is also no doubt that only methodologically sound research of law will allow forming a holistic internally consistent theory of law, which can be applied in the theory of state and law, other areas of law, as well as in the course of state and legal development, including in Ukraine","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":"48488119","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 essence of a helpless state of a person as an important component in the investigation of crimes","authors":"O. Kravchuk, V. Atamanchuk, Yurii M. Turovets, S. Volkotrub, Oleksandr Ostapenko","doi":"10.37635/jnalsu.28(2).2021.269-276","DOIUrl":"https://doi.org/10.37635/jnalsu.28(2).2021.269-276","url":null,"abstract":"The modern legal framework, despite the definition of a helpless state in the corresponding provisions of criminal, administrative, and civil legislation, does not answer the question of what exactly should be understood by such a state due to the lack of any definitions or interpretations of this concept. This determines the relevance of this study. The purpose of this study is to develop an interpretation of a helpless or other life-threatening condition, with the subsequent possibility of the corresponding improvement of the current legislation of Ukraine. The leading method of research is the method of comparative legal analysis. The study analyses the definitions of the concept of a helpless state of a person available in legal and scientific sources. Based on the results of the study, the author’s position on the essence of the concept of a helpless state is presented. The causes that can act as factors of a helpless state are identified. It is noted that the helpless state of a person, under certain conditions, can transform into a dangerous state of a person, as a result of which there is a threat of violation of citizens’ rights. The authors conclude that a helpless state is not only a physical or mental state in which a person can be located, but also a physiological state (psychophysiological), as its factor, acts as a component of the content of a helpless state. Identification of the scope and content of the rights of citizens in need of external security due to the presence of the relevant citizens, owners of these rights in a helpless or other life-threatening state, another task of solving which requires prior clarification of the essence of the helpless state or related states. Based on the analysis, the authors propose an original definition of the helpless state, as well as determine its features","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":"49519315","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 legal regulation of service and combat activities of the security and defense sector of Ukraine in crisis situations","authors":"S. Bielai, O. Kobzar, I. Yevtushenko, V. Korniienko, Oleksandr Koba","doi":"10.37635/jnalsu.28(2).2021.76-85","DOIUrl":"https://doi.org/10.37635/jnalsu.28(2).2021.76-85","url":null,"abstract":"The article states that nowadays situations in Ukraine shows that the theory of military activity of law enforcement forces needs a new development in the terms of settlement of armed confrontation in separate areas of Donetsk and Luhansk areas. Therefore, the issues of regulatory and legal support of law enforcement agencies in responding to crisis situations come to the fore. The analysis of normative legal acts shows that legal norms are not formulated clearly enough and ambiguously interpreted by law enforcement agencies. Therefore, it is necessary to refine the legislative mechanism for preventing and responding to crisis situations that threaten the national security of Ukraine. Therefore, the purpose of the research is to comprehensively reveal the essence and features of the legal regulations of combat operations of the security and defense sector of Ukraine in crisis situations and to develop specific practical recommendations, scientifically sound proposals for improving State governance in this field. In order to research the best practices of Ukraine on the functioning of Public mechanisms of response of the security and defense sector of Ukraine to crisis situations during the Anti-Terrorist Operation and the Joint Forces Operation in some districts of Donetsk and Luhansk regions, an expert survey of anti-terrorist security experts was conducted. The results of the survey provided an opportunity to identify the main problematic issues in the functioning of the anti-terrorist security system and provide appropriate development proposals. The State authorities today need to focus on improving the organization of management, establishing interagency cooperation between government agencies, increasing the level of pre-training of personnel, a clear definition of tasks for law enforcement units during special operations. Areas of further research will be aimed at developing State mechanisms of responding by the components of the security and defense sector of Ukraine to crisis situations","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":"48680128","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 role of forensic science and forensic examination in international cooperation in the investigation of crimes","authors":"V. Shepitko, M. Shepitko","doi":"10.37635/JNALSU.28(1).2021.179-186","DOIUrl":"https://doi.org/10.37635/JNALSU.28(1).2021.179-186","url":null,"abstract":"The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47629376","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 in the digital age: Challenges, threats and prospects","authors":"O. Petryshyn, O. Hyliaka","doi":"10.37635/JNALSU.28(1).2021.15-23","DOIUrl":"https://doi.org/10.37635/JNALSU.28(1).2021.15-23","url":null,"abstract":"The current stage of development of public relations is described by a rapid increase in digital technologies. Intensive development of science and active technological progress have become the main characteristic features of modern society. This has affected the specific features of people’s lives in society, the exercise of their rights and freedoms, and has become a catalyst for the development of a new category of human rights – “digital” rights. The purpose of the study is to analyse the main threats and challenges facing human rights and freedoms in the context of digitalisation, and to develop proposals on promising ways to protect against these threats. The study conducts a theoretical and legal research of problematic issues of the implementation of human rights in the context of mass digitalisation of public relations, indicates that the era of digital technologies provides completely new and qualitatively different opportunities for their implementation, but at the same time it creates new challenges and threats to ensure these rights and freedoms. It is noted that classical human rights and freedoms are being transformed, filled with new aspects and content, and branched out into those that are related to the digitalisation process. The results of digitalisation of many spheres of life require comprehension and adequate formulation of the legal mechanism for regulating, implementing, protecting the already existing and emerging human rights for the purpose of sustainable socioeconomic development, ensuring the implementation and protection of constitutional human and civil rights and freedoms. The study focuses on new rights such as the right to be forgotten, the right to anonymity, the right to protect personal data, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; rights to take part in property turnover in the digital sphere","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69941206","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":"Introduction of the Concept of Sustainable Development in the Context of the Constitutional Reform of Ukraine","authors":"A. Lelechenko, O. Lebedinska, S. Somin, V. Vakulenko, N. Pikh","doi":"10.37635/JNALSU.27(4).2020.53-65","DOIUrl":"https://doi.org/10.37635/JNALSU.27(4).2020.53-65","url":null,"abstract":"","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46514856","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 Animal Rights Through the Lens of Critical Analysis","authors":"V. Yermolenko","doi":"10.37635/JNALSU.27(4).2020.255-266","DOIUrl":"https://doi.org/10.37635/JNALSU.27(4).2020.255-266","url":null,"abstract":"","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47499614","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":"Journal of the National Academy of Legal Sciences of Ukraine","authors":"","doi":"10.31359/1993-0909","DOIUrl":"https://doi.org/10.31359/1993-0909","url":null,"abstract":"","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45159066","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":"To the Problem of Structure and Classifications of Criminal Policy Formation","authors":"M. Shepitko","doi":"10.37635/JNALSU.27(4).2020.282-293","DOIUrl":"https://doi.org/10.37635/JNALSU.27(4).2020.282-293","url":null,"abstract":"","PeriodicalId":36101,"journal":{"name":"Journal of the National Academy of Legal Sciences of Ukraine","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45917304","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}