Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki最新文献

{"title":"Problems of precautionary measure application in the view of detention under guard in Ukraine","authors":"Olga Hlyvchak, Olena Kovalchuk","doi":"10.23939/law2023.40.294","DOIUrl":"https://doi.org/10.23939/law2023.40.294","url":null,"abstract":"Annotation. The article examines problematic issues related to the use of preventive measures in the form of detention in criminal cases and the experience of foreign countries in this area. The practice of the European Court of Human Rights regarding detention and its decisions are analyzed in the context of legal norms and standards related to human rights. Particular attention is paid to the experience of countries where alternative preventive measures are implemented in order to improve the justice system and ensure human rights, which can be effective and do not limit human rights to such a severe degree as detention. In addition, issues related to unsubstantiated detention decisions, excessively long proceedings and the need to increase the transparency of this process are considered. The importance of observing human rights during the application of a measure in the form of detention, which is the most severe and restrictive measure, is particularly emphasized, therefore its application must be justified and fair.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994872","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 aspects of fighting disinformation in the european union: lessons for Ukraine","authors":"Dmytro Smotrych, Nazar Ivanov","doi":"10.23939/law2023.40.155","DOIUrl":"https://doi.org/10.23939/law2023.40.155","url":null,"abstract":"Аnnotation. The article \"Legal aspects of combating disinformation in the European Union: lessons for Ukraine\" describes and analyzes in detail the problem associated with a large amount of false, manipulative and extremely harmful information that every modern person has to face. Special attention is paid to the legislative regulation of the information sphere, measures aimed at improving information security in the European Union and Ukraine. This article defines and characterizes such a phenomenon as disinformation, explains its role in internal and interstate conflicts. The methods of spreading disinformation and the main information tools used by the conflicting parties are highlighted. Outlines the goals and objectives that can theoretically be achieved by someone who spreads and reproduces false or distorted information. The article provides a thorough analysis of legislative regulation in the field of combating disinformation and fakes, as well as the activities of state bodies of the European Union, Ukrainian state bodies, public and international organizations. The spheres of their activity and influence, their powers, specifics of work, legal status, mutual interaction and performance results are determined. The article draws attention to a large number of problems related to the information security of states, unions of states, organizations, and individual citizens, and the distribution of a wide variety of information leaks, false information, and falsified facts aimed at changing public opinion, creating conflicts, and starting interethnic enmity in a certain country. , demoralization of the enemy during war, theft, etc. In general, this article is a useful study aimed primarily at highlighting the main problems and threats that Ukraine and Europe face in the era of hybrid wars and social networks. It can be interesting both to people who work with information and to the general public, because it gives an understanding of the essence of such a phenomenon as disinformation in the modern world and its consequences.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994905","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":"Decisions of the constitutional court of Ukraine: problems of implementation","authors":"Olena Romtsiv","doi":"10.23939/law2023.40.412","DOIUrl":"https://doi.org/10.23939/law2023.40.412","url":null,"abstract":"One of the urgent problems of the practice of the Constitutional Court of Ukraine is the implementation of its acts, the non-solution of which calls into question not only its guarantee of the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine, but also the authority of the Constitutional Court of Ukraine as a body of constitutional jurisdiction. The fulfillment by the Constitutional Court of Ukraine of the tasks assigned to it is achieved not so much by adopting the relevant acts as by their implementation and implementation. Without the implementation of decisions and conclusions of the Constitutional Court of Ukraine, all its previous activities regarding the consideration and resolution of relevant cases are nullified, it simply loses its meaning. As you know, the acts of the Constitutional Court of Ukraine are self-sufficient, that is, those that are mandatory, final, have a direct effect and do not require confirmation or duplication by any public authorities to enter into force. The obligation to enforce the decision of the Constitutional Court of Ukraine is a requirement of the Constitution of Ukraine, which has the highest legal force in relation to all other normative legal acts. In accordance with Art. 69 of the Law \"On the Constitutional Court of Ukraine\", decisions and conclusions of the Constitutional Court of Ukraine are equally binding. The problem is that the current legislation does not define the principles and mechanisms for the execution of decisions and conclusions of the Constitutional Court of Ukraine. As a result, a significant part of such acts do not find their practical implementation. It seems that the problems of implementing the prosecution, as well as the implementation of the decision itself, are associated with the lack of a clear control mechanism that would allow to identify the fact of non-compliance with the decision of the Constitutional Court of Ukraine, the result of which could be prosecution. Also, in the situation of Russian military aggression that has developed today in Ukraine, an important means of ensuring the implementation of acts of the Constitutional Court of Ukraine is to maintain the high authority of the body of constitutional justice, to increase the level of legal awareness and legal culture of citizens, and especially to persons authorized to exercise state power. Important conditions for the effectiveness of the Constitutional Court, including the implementation of its acts, are the establishment in Ukraine of the foundations of a legal, democratic state, as well as ensuring political and socio-economic stability in the country.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"127 s441","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965129","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 basis of the application of gender quotas in Ukraine","authors":"Natalia Lesko","doi":"10.23939/law2023.40.111","DOIUrl":"https://doi.org/10.23939/law2023.40.111","url":null,"abstract":"The article examines the legal basis for the realization of women's political rights in Ukraine. An important condition and guarantee for the establishment of democracy in Ukraine is the equality of women and men in all spheres of life of society and the state. Among the various aspects of the modern perception of the state of women in society and the state, the aspect \"woman and politics\" occupies a special place. Having analyzed the peculiarities of the realization of women's political rights in Ukraine, it was noted that since 2010, gender quotas have been absent in the electoral legislation of Ukraine. However, gender quotas were introduced for the first time in 2015, but they were not mandatory. According to the new Election Code of Ukraine dated December 19, 2019, gender quotas became a mandatory norm at the nomination stage. It is advisable to change the stereotypes about the role of women in politics, therefore, more attention should be paid to the mass media, which would contribute to the expansion of women's political rights and eliminate prejudiced attitudes towards the role of women in politics. Maintaining the gender quota in the Electoral Legislation of Ukraine plays an important role in the political sphere for all members of society, however, it is necessary to improve the administrative and legal mechanisms for compliance with gender quotas.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994686","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":"National legislation and international obligations in the field of preventing and combating domestic violence","authors":"I. Khomyshyn","doi":"10.23939/law2023.40.162","DOIUrl":"https://doi.org/10.23939/law2023.40.162","url":null,"abstract":"The article analyzes national legislation in the field of prevention and countermeasures against domestic violence and gender-based violence. The recognition of the concept of \"Child witness\" at the legislative level has been updated, and the problems of law enforcement practice, when the court cannot, taking into account the circumstances of the case, assess the child specifically as a victim in situations where she only witnessed domestic violence. It was noted that the requirement of the Istanbul Convention to establish one or more official bodies responsible for the coordination, implementation, monitoring, and evaluation of policies and measures to prevent all forms of violence and to combat all forms of violence that fall under the scope of this Convention was embodied by placing to the Ministry of Social Policy of Ukraine for the formation and implementation of state policy in the field of prevention and countermeasures against domestic violence, coordination of the interaction of subjects involved in measures to eradicate the specified socially dangerous phenomenon. An analysis of the State Social Program for the Prevention and Counteraction of Domestic Violence and gender-based violence for the period until 2025 was carried out, and the main tasks and measures for the implementation of the specified Program were identified. It was concluded that the process of improving national legislation needs to be improved taking into account both national characteristics and international principles.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"84 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138995356","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":"Customs regime of temporary importation: analysis of legislation and further development prospects","authors":"Iryna Shulhan, Kateryna Hyrka","doi":"10.23939/law2023.40.070","DOIUrl":"https://doi.org/10.23939/law2023.40.070","url":null,"abstract":"This study is devoted to the analysis of the customs regime of temporary importation, which is defined as the temporary importation of goods into the customs territory without payment of taxes and duties. The authors analyze the legal regulation of this regime in the context of international trade relations and national legislation. The legislation reveals many key aspects of Ukraine's customs regime for temporary importation, such as the obligations and rights of participants in the process, and interaction with other customs regimes. Ukrainian scientists are actively studying the practice of applying this customs system, investigating cases of successful integration and identifying problematic situations. Their scientific approach takes into account the effectiveness of using temporary importation to stimulate foreign economic activity and attract foreign investment. The mechanisms for regulating the use of temporary imports and their impact on economic development are analyzed. Particular attention is paid to the prospects for the development of the tariff regime of temporary importation in the modern world economy. The author considers the possibilities of improving the regulatory framework and interaction between states in order to promote the effective use of this system to facilitate international trade and stimulate economic growth. The study highlights all gaps and ambiguities in the current legislation and identifies opportunities for improvement. The main focus is on changes in the legislation. In addition, the importance of bringing the customs legislation in line with the standards and requirements of the World Trade Organization to increase the economic growth of our country was emphasized. The results of the study will be useful not only for the development of strategies and policies aimed at improving the management of temporary importation, but also for scholars interested in international trade and customs regulation.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"108 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965085","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":"Constructive role of the concept \"approach\", \"method\", \"way\" in the field of legal knowledge","authors":"M. Kelman","doi":"10.23939/law2023.40.028","DOIUrl":"https://doi.org/10.23939/law2023.40.028","url":null,"abstract":"Annotation. Considered in the scientific-terminological and conceptual - the understanding of three terms, which are similar in meaning (values of signifying phenomena) and value (by the nature of these phenomena). This is an \"approach\", \"method\" and \" way\".","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994936","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":"On martial status as a special type of administrative-legal regime","authors":"O. Ostapenko, Oksana Baik","doi":"10.23939/law2023.40.134","DOIUrl":"https://doi.org/10.23939/law2023.40.134","url":null,"abstract":"The article analyzes the theoretical and legal approaches to the concept, content and methodology of the introduction and functioning of one of the varieties of the administrative-legal regime ‒ the martial law regime, as well as the relationship between the legal categories of «restriction» «prohibition», «obligation», which are components of administrative and legal regimes. It is noted that modern approaches to the analysis of martial law, as a special type of administrative-legal regime, are oriented, first of all, to its legislative definition, which enshrines constitutional provisions on the foundations of national security, as well as the legal regime of martial law. One of the reasons for imposing martial law is military aggression by another state using armed forces or other formations. At the same time, it was found that modern approaches to the tasks of the state and society during the period of martial law, to a certain extent, have a historical relationship with the works of scientists of the past. It is emphasized that the legal regime of martial law indicates the temporary transfer of general public management to the military authorities with the granting of extraordinary powers. First of all, this applies to: 1) implementation of public order protection in order to ensure public and state security; 2) imposition of additional duties on citizens, as necessary, aimed at the proper functioning of the economy, restoration and construction of objects, structures for the needs of the economy, and increasing the defense capability of the country’s armed forces. The criteria for distinguishing between the legal regimes of emergency and martial law are analyzed. It was concluded that the existing restrictions and bans are temporary in nature and caused by Russia’s military aggression against Ukraine. At the same time, administrative and legal prohibitions under martial law are a way to ensure legality in the activities of public administration bodies. In addition, administrative-legal restrictions and prohibitions are the basis for preventing tortious and criminal-punishment behavior of all subjects of administrative-legal relations, without exception, during the period of the legal regime of martial law.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 S90","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138995162","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":"Bullying and mobbing (harassment) as types of violent attacks on an individual","authors":"O. Ostapenko","doi":"10.23939/law2023.40.124","DOIUrl":"https://doi.org/10.23939/law2023.40.124","url":null,"abstract":"The article analyzes theoretical provisions, existing legal acts that regulate relations related to the application of administrative responsibility for committing bullying or mobbing (harassment). In particular, it was found out that a broad list of violent acts, which manifest themselves in the form of bullying and mobbing (harassment), is enshrined in Articles 173-4, 173-5 of the Code of Ukraine on Administrative Offenses. Among various manifestations of violence, the aggressive behavior of a person who commits violent acts against another person is noted. Taking into account the relevance of the protection of administrative and legal relations, which are violated in the form of bullying or mobbing, the characteristics of these terms are considered and their types are distinguished. In addition, the signs that characterize administrative responsibility for committing harassment have been determined. It is noted that police officers have the authority to draw up a report on bullying (Art. 255 of the Code of Ukraine on Administrative Offenses), the case is reviewed and a decision is made by the court (Art. 221 of the Code of Ukraine on Administrative Offenses). Protocols about the fact of committing mobbing according to Art. 230-1 of the Code of Ukraine on Administrative Offenses, officials authorized by the head of the central executive authority, which implements state policy on the supervision and control of compliance with labor legislation, as well as sub-departmental review of mobbing cases, have the right to make and make decisions on them court (Art. 221 of the Code of Ukraine on Administrative Offenses). It is emphasized that subjects who commit violent acts or inaction in the form of bullying or mobbing can be conditionally systematized into certain groups. It is noted that distinguishing between violent and non-violent actions, which are carried out in the form of harassment during their legal qualification, is a rather difficult task. Harmful consequences must occur in order to qualify as illegal acts that are committed through harassment. Designation of non-violent actions should indicate not only the existence of relevant actions, but also the subjective attitude of the person who commits them to such actions. The relationship between types of administrative fines and sanctions for committing bullying/mobbing was analyzed.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":" 30","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138995281","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 liability for evasion of payment of taxes, fees (mandatory payments): a modern view of the problem","authors":"Oksana Baik, Zoriana Hrytsak","doi":"10.23939/law2023.40.263","DOIUrl":"https://doi.org/10.23939/law2023.40.263","url":null,"abstract":"The article analyses the theoretical and legal aspects of criminal liability for evasion of taxes and fees (mandatory payments) in the current context. In particular, the authors analyse the concept and features of criminal liability, as well as the grounds for its occurrence. It was found that Article 212 of the Criminal Code of Ukraine «Evasion of taxes, fees (mandatory payments)» actually provides for criminal liability for violation of tax legislation. At the same time, this article provides for the establishment of the fact of violation of a specific tax norm, as a result of which taxes were not paid. It is noted that criminal liability for evasion of taxes, fees (mandatory payments) has all the properties of criminal liability, taking into account the peculiarities of tax legal relations. It was determined that the signs of criminal liability for evasion of taxes, fees (mandatory payments) are that it: 1) is provided for by the norms of the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and other regulatory legal acts; 2) is a criminal legal guarantee of payment of taxes, fees (mandatory payments); 3) is established in case of intentional evasion of taxes, fees (mandatory payments). The article analyses the elements of a criminal offence under Article 212 of the Criminal Code of Ukraine, the methods of committing this type of offence and the conditions of criminal liability for evasion of taxes, fees (mandatory payments). The authors consider the qualification for intentional evasion of taxes, fees (mandatory payments) and summarise the statistical data on the number of criminal offences in proceedings in which the pre-trial investigation is carried out by the Bureau of Economic Security of Ukraine based on Article 212 of the Criminal Code of Ukraine for January 2020‒2023. It is noted that criminal prosecution for evasion of taxes and fees (mandatory payments), although an effective means of influencing offenders, should be noted that national legislation needs to be finalized in order to achieve clarity and unambiguity.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"65 s253","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138995334","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}