THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS最新文献

{"title":"APPEAL PROCEEDINGS","authors":"Yа. G. Voronin","doi":"10.36059/978-966-397-177-3/297-315","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/297-315","url":null,"abstract":"INTRODUCTION One of the generally recognized international and European legal standards is the possibility of any person convicted of a crime to file a complaint with the Supreme court with the requirement to review the judgment. This standard is enshrined in the domestic legislation. Part 4 of article 125 of the Constitution of Ukraine provides that in accordance with the law in Ukraine there are local and appellate courts, and the provision of appeal and cassation appeal of the court decision referred to the basic principles of criminal justice (part 3, paragraph 8 of article 129 of the Constitution of Ukraine) By ensuring that the tasks of criminal proceedings are carried out, the higher courts verify the legality and validity of the sentences and rulings handed down by the court of first instance. Under the new code of criminal procedure of Ukraine, there are four types of judicial review: appeal proceedings; cassation proceedings; proceedings on newly discovered circumstances; proceedings in the Supreme Court of Ukraine. All four types of judicial review are an integral part of the criminal process, each of them is an independent stage.","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128728634","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":"COOPERATION OF STATES IN THE FIGHT AGAINST CRIME","authors":"O. M. Klyuev","doi":"10.36059/978-966-397-177-3/144-172","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/144-172","url":null,"abstract":"INTRODUCTION The magnitude and globality of the consequences of international crimes necessitate the establishment of relations between States and international organizations to combat such negative manifestations. Over the entire history of cooperation between subjects of international law in combating crime, a fairly large body of international legal norms, principles and mechanisms for preventing, combating, suppressing and investigating international crimes has accumulated. The process of establishing cooperation in combating international crimes actually begins with the period of origin of relations between the first developed States, when the first bilateral treaties on extradition of criminals were concluded. In the future, the development of international relations in the fight against crime actually takes place in the context of the development of international law. Each historical period posed new challenges to the international community, required the concentration of joint efforts in solving economic, political, social problems, including the problems of combating international crimes 1 .","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127957614","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":"REGULATION OF FREEDOM OF ACCESS TO ENVIRONMENTAL INFORMATION IN THE LEGISLATION OF THE EUROPEAN UNION AND UKRAINE","authors":"V. L. Kachuriner","doi":"10.36059/978-966-397-153-7/26-42","DOIUrl":"https://doi.org/10.36059/978-966-397-153-7/26-42","url":null,"abstract":"","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124293848","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":"PECULIARITIES OF ESTABLISHMENT OF INTERNATIONAL RESPONSIBILITY OF THE STATE FOR THE BEHAVIOR OF EXECUTIVE AUTHORITIES","authors":"S. Andreichenko","doi":"10.36059/978-966-397-177-3/20-36","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/20-36","url":null,"abstract":"","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128070728","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":"INNOVATION POLICY AND PATENT STRATEGIES OF PHARMACEUTICAL COMPANIES ECONOMIC AND SOCIAL ASPECTS","authors":"I. M. Rachinska, Law","doi":"10.36059/978-966-397-177-3/278-296","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/278-296","url":null,"abstract":"14 . By obtaining patents relating to original drugs, within 2-3 years after their introduction to the market, the leaders of the generic industry contribute to the intellectual sphere. The first generic drug on the market in the United States becomes the subject of 50–80% of all prescriptions within 10 weeks after its introduction. The share of the market, which is occupied by the pioneer generator, in monetary terms is approximately 57.6%. At the same time, the retail price of the drug is lower than the original by about 40.8%. 14 IP Protection Incentivizes Innovation and Creates Jobs: A Message Worth Repeating. D. Kristina Lybecker, June 8, 2015. URL: www.ipwatchdog.com/.../ip-protection -incentive.","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114919682","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":"DOCUMENTATION OF ADMINISTRATIVE ACTIVITIES BY THE POLICE OF UKRAINE","authors":"O. Predmestnikov","doi":"10.36059/978-966-397-177-3/261-277","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/261-277","url":null,"abstract":"","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134195913","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":"CATEGORY OF “PROPERTY” AND SUBJECTS OF PROPERTY RIGHTS PROTECTION OF THE ECHR","authors":"O. S. Kizlova","doi":"10.36059/978-966-397-177-3/127-143","DOIUrl":"https://doi.org/10.36059/978-966-397-177-3/127-143","url":null,"abstract":"Introduction The questions of the subjective structure of the procedure for protecting property rights in the ECHR has been controversial for a long time among researchers and lawyers due to the perception that prevailed for quite a long period that commercial organizations cannot be applicants to the European Court of Human Rights (hereinafter referred to as the ECHR). To a certain extent, it was based on the title of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention), which contains an indication of human rights and freedoms; partly – of the wrong interpretation of the provisions of Art. 34 of the Convention, which provides the possibility of applying to the ECHR for individuals, non-governmental organizations or groups of individuals. This misconception about the ability of the ECHR to deal with complaints of commercial organizations also led to the fact that its case practice was not analyzed for the purpose of its use in resolving commercial disputes and therefore did not have the effect that it would, in fact, have on law enforcement (including judicial) practice. This highly pervasive misconception was to some extent “undermined” by the ECHR’s ruling on the individual complaint of the Russian joint-stock company “Sovtransavto contra Ukraine” (ECHR judgment of October, 2nd 2003 in the case of “Sovtransavto Holding contrat Ukraine”, No 48553 complaint / 99 (CASE of Sovtransavto HOLDING art. UKRAINE). The case is based on the application (No 48553/99) filled in court against Ukraine by the Russian company ‘Sovtransavto-Holding’ on May 11th, 1999 in accordance with the Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Most other human rights and fundamental freedoms can only be used by private individuals otherwise the articles which regulate these rights and freedoms can be interpreted as not extending to legal persons 1 . At the same time, the European Court of Human Rights also gave more signification to the term “person” according to Convention and allows supporting claims of","PeriodicalId":430051,"journal":{"name":"THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114194806","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}