Scientific Herald of Sivershchyna. Series: Law最新文献

{"title":"LAW ENFORCEMENT IN THE ACTIVITIES OF BODIES AND INSTITUTIONS OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE","authors":"L. Samofalov, O. Samofalov","doi":"10.32755/sjlaw.2023.02.106","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.106","url":null,"abstract":"The article examines the issue of one of the forms of implementation of legal norms of law enforcement in the system of the State Criminal and Executive Service of Ukraine. Theoretical and practical problems of application of legal norms, cases and conditions of this activity are analyzed. It is emphasized that the application of legal norms by employees of bodies and institutions of the State Criminal and Executive Service of Ukraine is a creative activity that stems from the legal status of the service, duties and rights of the rank and file. High-quality implementation of this form of realization of legal norms requires perfect legal training and substantial knowledge of law enforcement officers. Key words: implementation of the law, application of the law, State Criminal and Executive Service of Ukraine, rank and file, law enforcement activity, cases of law enforcement.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124039430","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":"SIGNIFICANCE OF CONTRACTS CONCLUSION FOR THE REGULATION OF FAMILY LEGAL RELATIONS","authors":"A. V. Tiutiunyk","doi":"10.32755/sjlaw.2023.02.067","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.067","url":null,"abstract":"This article addresses to topical issues of family law contracts, their features and the necessity of their application in modern life. Currently, in order to regulate family legal relations in Ukraine, there are no single, unified constructions of contracts and mechanisms for their application, which undoubtedly complicates the resolution of one or another issue related to the regulation of family relations. This problem is due to its legal nature and has an insufficient number of scientific works in this field, and is also distinguished by its ambiguity and versatility of application. The purpose of the article is to determine the key aspects of the creation of the contract, the characteristic features and peculiarities of the subject composition inherent in family law contracts in developed modern countries. Family relations, personal non-property and property legal relations are analyzed. A conclusion was made regarding the need to develop unified mechanisms for solving issues that arise as a result of marriage, adoption of children, adoption of guardianship and other social and legal relations in order to simplify and speed up the conduct of these procedures, as well as to establish their implementation mechanism in accordance with modernity. The relevance of the research is proven by the variety of cases and the complicated process of regulating family legal relations in legislation, the lack of a sufficient number of scientific works in the specified field. Through qualitative analysis and systematization of the materials of scientific works of scientists in the field of family law. The article made conclusions about the terminology and key characteristics of the contract in the field of family law, such as: equality, property independence, the signs of the subject composition of family contracts, the obligation to observe the moral principles of society and the requirements of state legislation. The unified term “family law contract” is proposed, as well as the signs indicating the difference between the terms and the expediency of using one or another interpretation of the term in modern scientific literature and legislative documents related to family law. Key words: family legal relations, family law contract, family law agreement, family law doctrine, family law.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129435618","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":"SOME ASPECTS OF VOLUNTEERS’ ACTIVITIES UNDER CONDITIONS OF MARTIAL LAW","authors":"K. Denysenko, D.V. Kyseliov, I. Borko","doi":"10.32755/sjlaw.2023.02.018","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.018","url":null,"abstract":"The article is devoted to the analysis of some aspects of volunteers’ activities under conditions of martial law. It is noted that volunterrs were the first who solved the negative challenges associated with the full-scale invasion of Russian Federation, protected and defended our country’s humanitarian sector. They risked their own lives daily saving the lives of others by evacuating from the hottest places in Ukraine, delivering life support items to the territory where hostilities were taking place. There are different formats of the forms of volunteer activity: from individual to collective ones, from direct participation to remote mode of assistance. It is noted that the war in Ukraine forced society to reconsider volunteers’ practical value and volunteer activities in particular. In modern conditions, taking into account numerous risks to life and health while volunteering, volunteers are one of the most vulnerable and unprotected categories. A clear confirmation of the above is a number of cases that, on the one hand, emphasize the role of volunteers in bringing Ukraine’s victory over the occupiers closer, and on the other hand, demonstrate the riskiness of volunteering. Analyzing the Law of Ukraine “On Volunteering”, attention is focused on contradictions that complicate volunteers’ work and lead to the concealment of the fact of assistance. In fact and legally, the activity of those volunteers who provide individual assistance to the Armed Forces of Ukraine during a full-scale invasion is illegal, although practice shows that a lot of assistance to the army comes precisely from volunteers who are not the members of any volunteer organizations. The presence of such a prohibition does not meet the requirements of martial law. It is emphasized that the military aggression of Russian Federation forced the legislator to revise the legal norms regulating volunteers’ legal status, social and legal protection. According to the authors, the legislative provisions regarding the impossibility of volunteering individually need to be revised and clarified. Key words: volunteer, volunteer activity, volunteer movement, risks, martial law, military aggression, hostilities, Armed Forces of Ukraine, social guarantees.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127533010","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":"ESTABLISHMENT OF THE INSTITUTE FOR PROCEDURAL ACTIONS CONDUCTING AS ONE OF THE FORMS OF INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS","authors":"B. M. Vysotskyi","doi":"10.32755/sjlaw.2023.02.007","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.007","url":null,"abstract":"The article examines the establishment of the institution of procedural actions as one of the forms of international cooperation in criminal proceedings. Attention was drawn to the fact that international cooperation in criminal proceedings, including the conduct of procedural actions, is a tool that can be used to overcome the barriers of sovereignty and allow the international community to properly respond to illegal actions that encroach on the goods protected by criminal law, despite the existing differences between legal systems. That is why, at a certain stage, the international legal regulation of international cooperation in criminal proceedings was intensified, in particular, the conduct of procedural actions, and the appearance of relevant norms regulating such relations in national legislation. It was established that the formation of international cooperation in criminal proceedings, including the implementation of procedural actions, and its legal support took place gradually. Initially, to achieve tasks in this area, Ukraine primarily used international legal norms. At a certain stage of the state’s development, the need for intrastate regulation of procedural actions as one of the forms of international cooperation in criminal proceedings became obvious. The impetus for this process was Ukraine’s 2011 ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, which was signed by Ukraine on November 8, 2001, which, at the same time, required updating domestic legislation. The need for domestic regulation of these relations was reflected in The Criminal Procedural Code of Ukraine. Norms regarding international legal assistance during procedural actions are codified in Chapter 43 of Section IX of the current The Criminal Procedural Code of Ukraine. Key words: international cooperation, international legal assistance, conducting procedural actions, procedural actions in the order of providing international legal assistance, criminal procedural legislation, international obligations.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116012999","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":"CURRENT STATE OF IMPLEMENTATION OF THE RIGHT TO WORK BY PRISONERS IN DETENTION CENTERS","authors":"А. Sikun","doi":"10.32755/sjlaw.2023.02.055","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.055","url":null,"abstract":"The article examines the issue of the current state of implementation of the right to work by prisoners held in remand detention centers of Ukraine. The concepts of prisoner and convict are given to distinguish them. It is being considered which categories of persons can be held in pretrial detention centers. The quantitative index of prisoners as of January 1, 2023 is presented in the article, who are held in pretrial detention centers and in penitentiary institutions that perform the function of pre-trial detention centers on the territory of Ukraine. The procedure for engaging prisoners to work is disclosed in accordance with the Law of Ukraine “On Pretrial Detention”, as well as the Rules of the Internal Procedures of Pretrial Detention Centers of the State Criminal and Executive Service of Ukraine. The comments and recommendations made by the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment during their visit to detention centers of Ukraine in different years are given. As an example, the decision of the European Court of Human Affairs, namely the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment, which indicates that the employment of prisoners, including providing them with certain work, should have a positive effect on their detention. In the article attention is focused on the complicated procedure of engaging in socially useful work of persons taken into custody in workshops and certain recommendations are given regarding its optimization. A proposal for the introduction of remote work in detention centers for prisoners is given, which in turn will fully expand the type of possible work for prisoners, as well as satisfy the problem of employment. The Strategy for the reform of the penitentiary system for the period until 2026 was considered, namely the issue of changing approaches to the involvement of convicts and persons taken into custody for gainful employment. Key words: prisoners, work of prisoners, employment, work, detention center, penitentiary institutions.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128322784","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":"SOME ASPECTS OF FORMATION OF A NEW MODEL OF ENSURING SECURITY, REGIME AND SECURITY OF PENAL INSTITUTIONS AND REMAND PRISONS, TAKING INTO ACCOUNT THE REQUIREMENTS OF INTERNATIONAL REGULATORY AND LEGAL ACTS","authors":"О.О. Kuznietsov, A.I. Kyriienko, O. Yesypenko","doi":"10.32755/sjlaw.2023.02.029","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.029","url":null,"abstract":"This publication is dedicated to the concept and provision of regime management in penal institutions and detention centers. It identifies a range of directions related to improving the organization of regimes, security, and order maintenance in correctional and detention facilities. The aim of the article is to explore the concepts of regime, security, and protection in international normative and legal acts, as well as publications by domestic and foreign scholars, and propose conceptual harmonization of these concepts in the process of criminal punishment execution. The article examines the model of the system’s procedures and means for organizing regimes, security, and safety in correctional facilities. To enhance the domestic concept of regime organization, security, and safety, the authors recommend referring to the principles and approaches set out in international legal documents, particularly in the Mandela Rules (the United Nations Standard Minimum Rules for the Treatment of Prisoners), the European Convention on Human Rights and Fundamental Freedoms, as well as the European Prison Rules. The article also highlights the role of understanding the concept of “regime” and its objectives for the effective implementation of the mentioned requirements. In particular, the regime is positioned as a tool for shaping socially acceptable behavior of convicts and prisoners. Attention is drawn to the need for the correct use of the terms “security” and “safety” in the national concept. Thus, the difference between these concepts is proposed to be understood through the prism of considering the “influence on the objectives of intentional and unintentional circumstances.” This publication contributes to understanding the importance of improving the penitentiary system and offers conceptual recommendations for enhancing the organization of regimes, security, and safety in penal institutions and detention centers in line with international standards. Key words: Regime in penal institutions, Improving safety and security, Conceptual harmonization of concepts «safety» and «security», Model of regime, security, and safety organization.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132494531","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":"PARTICULAR ISSUES ON THE REFORMATION OF THE PENITENTIARY INSTITUTIONS SYSTEM IN UKRAINE","authors":"О. P. Sheremeta, І. Bodnar, Ye.L. Malyshenko","doi":"10.32755/sjlaw.2023.02.076","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.076","url":null,"abstract":"In the article, the authors considered the system of institutions for the execution of punishments and its constituent elements, consisting of detention centers, pretrial detention centers, special educational institutions, and open (correctional centers) and closed type penitentiary institutions. The authors identified the main current directions of its reform: to replace the punishment in the form of arrest by introducing instead of it the punishment in the form of deprivation of liberty, but for a shorter period than is currently provided by law, since the adoption of the Criminal Executive Code in 2003, this type of criminal punishment has become more liberal and turned into imprisonment for a certain period, but for short periods; to substitute punishment in the form of restraint of will by replacing it with probationary supervision with mandatory involvement in community service, since those sentenced to restraint of will are under supervision and not under guard, and the main component at the same time remains mandatory involvement in work; conducting probation supervision of persons released on parole from places of deprivation of liberty and introducing an electronic monitoring system at the place of residence of this category of persons, the authorized body on probation issues must forcibly involve them in probation programs, monitor their behavior, provide assistance in their adaptation, not the least role is played by the establishment of cooperation on control of this category with units of the Ministries of Internal Affairs of Ukraine; re-equipment of penal institutions taking into account modern approaches to engineering and technical means of protection and supervision, accommodation of convicts and their isolated detention; creation of a modern approach to the prevention of offenses by the personnel of penitentiary institutions, taking into account the modern leading model of the economic impracticability of illegal behavior. Key words: punishment, prevention, penitentiary institution, convicts, personnel, probation supervision, parole, arrest, restriction of freedom, prisoner of war camps, prisoners of war.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126365966","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":"PRINCIPLE OF EQUALITY AS GENERAL RULES COMPONENT FOR MEDIA USING DURING THE ELECTION CAMPAIGN","authors":"K. Shpak","doi":"10.32755/sjlaw.2023.02.086","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.086","url":null,"abstract":"The article is devoted to the analysis of the peculiarities of the principle of equality in mass media using in the course of election campaign. In particular, its essence, legal regulation and problems of practical implementation. According to the current election legislation of Ukraine, this principle has a complex nature, which is manifested in the aggregate: first, equal access conditions for candidates, parties (local organizations of parties) – subjects of the election process to specific mass media, as well as airtime or printed space ; secondly, equal conditions for candidates, parties (local organizations of parties) – subjects of the election process regarding payment for a unit of printed space and a unit of air time and is limited only to the maximum amount of expenses of the election fund. However, establishing that the amount of pre-election campaigning of a specific entity in mass media is limited exclusively to its financial capabilities, which are determined by the volume of its election fund and cannot exceed the established limit of such a fund, the legislator provides the opportunity for a candidate or party to independently decide what part of the funds of its election fund of the fund to be spent on financing pre-election campaigning in the mass media, but at the same time they cannot exceed the limit of the fund. At the same time, the VC determines the maximum size of election funds only in national elections. In turn, the maximum size of election funds for candidates and party organizations in local elections has not been determined. At the same time, if the equality of conditions of access to specific mass media, as well as airtime or printed space is guaranteed first of all by the ban on denying such access to mass media, then the equality of payment conditions is guaranteed by the obligation to publish prices in advance, as well as by the ban on providing a discount on the payment to an individual candidate, party (party organization) – the subject of the election process That is, it is established that it is inadmissible to make changes to the estimates established at the beginning of the election process until the end of the pre-election campaign during the relevant elections. Key words: the principle of equality, absolute equality, proportional equality, pre-election campaigning, election legislation.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126498032","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":"CHARACTERISTICS OF MISFEASANCE OF OFFICIAL STATUS STATE OF PERSONNEL OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE","authors":"S. Nishchymna, О. Tkachenko","doi":"10.32755/sjlaw.2023.02.044","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.044","url":null,"abstract":"Among the many problems facing modern Ukrainian society, the problem of combating corruption, connections and schemes used by officials to achieve their personal goals has become more relevant than ever in the last decade. The impact on the security of economic systems of such a factor as corruption crimes is difficult to overestimate, because corruption in all its manifestations complicates the normal functioning of public institutions. One of the main problems is distrust of state structures, which ultimately also leads to the creation of a negative image of the country in the international arena. Official abuses are often corrupt, and abuse of office is an integral part of the whole complex of official crimes. Misfeasance or official position is socially dangerous, as this crime can cause not only material but also non-material damage to legal entities and their representatives, encroach on the rights and legitimate interests of others. The need to modernize the modern criminal legislation of Ukraine in the field of combating abuse of office is due to its obvious inefficiency. Official abuses as a social phenomenon exist in all countries of the modern world, and the problem of criminal liability of persons who commit these crimes remains relevant regardless of their political system. At the same time, in order to improve the norms regulating criminal liability for abuse of office in Ukraine, it is necessary to turn not only to current trends, but also to the existing international experience. The urgency of the study is determined by the need to find new approaches to improve the effectiveness of criminal law in Ukraine in the fight against abuse of office, use the results of comparative legal study of trends in this area, assess opportunities to prevent the whole complex of abuse. Key words: official, misfeasance, abuse of office, official authority, misfeasance of official authority, fight against corruption, prevention of misfeasance or official position.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"7 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134582409","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":"LEGALITY AS THE PRINCIPLE OF LEGAL RESPONSIBILITY","authors":"S. Nishchymna","doi":"10.32755/sjlaw.2023.02.097","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.02.097","url":null,"abstract":"The article is devoted to the characteristics of the principle of legality in the context of its application as a principle of legal responsibility, which is inherent in all branches of law, including financial law and tax law, as a sub-branch of the latter. An in-depth study of the principles of legal responsibility allows practitioners, using the assets of scientists, to direct efforts to eliminate gaps in the law. Key words: legal responsibility, principles, legality, financial law, tax law.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127039937","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}