Analìtično-porìvnâlʹne pravoznavstvo最新文献

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Testimony of a witness in a criminal trial: concept, content, requirements 刑事审判中证人证言:概念、内容、要求
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.73
А. Habrelian, О. Chepel
{"title":"Testimony of a witness in a criminal trial: concept, content, requirements","authors":"А. Habrelian, О. Chepel","doi":"10.24144/2788-6018.2023.04.73","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.73","url":null,"abstract":"The article is devoted to he study of the peculiarities of witness testimony as a source of evidence in criminal proceedings. It has been established that the testimony of persons who have certain information about the circumstances of a criminal offense is the most important procedural means by which the establishment of the circumstances of the event is ensured. The issue of the location of witness testimony in a criminal trial has been revealed. The thesis is defended that the achievement of the objectives of criminal proceedings can only take place when it is based on high-quality evidential material, which means admissible, proper and reliable evidence, in compliance with all requirements for the evaluation of evidence. In turn, the very process of evaluating witness testimony should be complex in nature and include all the circumstances related to the witness and his testimony, as one of the most frequent types of evidence.The essential properties of the testimony of the witness, the totality of which forms the content and form of this type of evidence, are highlighted: the information is an oral or written message; the source of information is a person endowed with the procedural status of a witness; the information is important for this criminal proceeding; compliance with the requirements of the legislation is ensured when receiving and processing information.The proposed author’s definition of the term “testimony” is information provided orally or in writing to suspects, accused, witnesses, victims, and experts regarding the circumstances known to them in criminal proceedings, which are significant for this criminal proceeding, recorded in the proper order. It is concluded that this definition takes into account all the essential features of the testimony, including those provided by the witness.It has been established that statements often appear as a result of procedural actions that are not related to interrogations, and are recorded in the case materials as elements of various protocols of investigative (search) actions, minutes of a court session, etc. It is proposed to exclude from the legislative definition the mention of obtaining testimony only during interrogation; thus, the content of the norm is expanded, its perception and understanding is facilitated.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135488176","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}
引用次数: 1
Regulation of space activities during1958-1963 1958-1963年期间空间活动的管制
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.91
V.K. Marinich, M.I. Myklush, O.S. Yara
{"title":"Regulation of space activities during1958-1963","authors":"V.K. Marinich, M.I. Myklush, O.S. Yara","doi":"10.24144/2788-6018.2023.04.91","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.91","url":null,"abstract":"Stagnation in the development of the process of regulation of relations in outer space and on celestial bodies as well as a large number of gaps and contradictions in this area along with impressive technical progress in the field of space activities and the expansion of its subject composition have led to the need to reconsider existing approaches to regulating such relations.This article is the beginning of an extensive study of the process and results of the regulation of space activities from 1958 to the present day.The purpose of this study is a deep analysis of international documents adopted for the entire period of space activities, as well as an attempt to highlight the basic principles, concepts, models, and rules of space activities.The esults of this study will make it possible to understand the issues that remain unresolved and the gaps in the field of space law and also set new tasks for the development of space law and suggest ways to solve them.This article includes a review and analysis of international documents adopted at the first stage of the development of space activities (1958–1963), and also the goals and conditions for their adoption. As a result of this analysis, the article presents a list and description of the tasks that were formed by the international community at this stage along with the difficulties that arose at the stage of their formation and implementation. In addition, a new vision of the concepts that arose at this stage in connection with the need to regulate space activities is proposed.In the future, the results of this analysis will allow us to continue the study of space relationships to determine and describe the essence of the legal systems that regulate or may regulate space activities, as well as to identify (define, classify, and formulate) spatial-territorial jurisdictions and subject-object composition of participants in space activities.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913318","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}
引用次数: 1
Language competence as an element of professional competence of civil servants in Ukraine 语言能力是乌克兰公务员专业能力的一个要素
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.48
O.M. Shevchuk, M.S. Kovtun, V.O. Spasenko
{"title":"Language competence as an element of professional competence of civil servants in Ukraine","authors":"O.M. Shevchuk, M.S. Kovtun, V.O. Spasenko","doi":"10.24144/2788-6018.2023.04.48","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.48","url":null,"abstract":"The article is devoted to the study of language competence of civil servants as an important element of professional competence. In this context, the reform of the civil service institute, which is taking place under martial law, requires the training of a new generation of civil servants, the formation of a promising personnel reserve. We are talking about the creation of a highly professional public service corps - persons competent in a certain field, who possess the relevant knowledge and abilities that allow them to act effectively in the relevant field, and with the help of highly developed language competence - to expand the communicative space.On the basis of the studied material, it was established that the required level of professional competence of a civil servant is possible only if he has an appropriate level of linguistic and communicative competence, which is manifested in the fluent command of the state language.The influence of the state language policy on the formation of language competences of civil servants is of great importance. The reforms that are currently taking place in the state regarding the establishment at the legislative level of the use of the English language as the language of international communication, as a language whose knowledge is a mandatory condition for a significant number of civil service positions, indicate the direction of the formation of language competence of candidates for civil service positions. In Ukraine’s aspirations to become part of the European family, overcoming the language barrier is an important task. And therefore, the mandatory command of one of the official languages of the Council of Europe, especially English, as a requirement for persons applying for entry into the civil service, should be extended to positions of all categories of civil service, provided that such civil employees will at least periodically use this language in their official activities. It is also important to further improve the level of mastery of the English language and those officials who currently hold positions where knowledge of the language is a mandatory condition.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913452","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}
引用次数: 0
The peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act 对公开呼吁实施恐怖主义行为的个人免除惩罚的特殊性
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.55
V. Konopelskyi, I. Chekmaryova
{"title":"The peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act","authors":"V. Konopelskyi, I. Chekmaryova","doi":"10.24144/2788-6018.2023.04.55","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.55","url":null,"abstract":"The article is a study of the peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act. Specifically, it was established that a terrorist act involves violent activities or violence carried out with the intention to instill fear, panic, threaten lives, health, and safety of people, or to intimidate by using civilians as human shields or armed means. Terrorist acts are usually aimed at achieving political, religious, ideological, or social goals and can be perpetrated by individuals, groups, or organizations. The criminal responsibility for committing a terrorist act is governed by Article 258 of the Criminal Code of Ukraine.Furthermore, the article specifies that the crime defined in Article 258–2 of the Criminal Code of Ukraine, «Public Calls to Commit a Terrorist Act,» is characterized by the special intent of disseminating materials inciting terrorist acts. According to Article 258–2 of the Criminal Code of Ukraine, those who make public calls to commit a terrorist act may face not only imprisonment but also corrective labor or arrest.The study concludes that a systemic analysis of general types of exemption from criminal liability, as provided in Articles 45–49 of the Criminal Code of Ukraine, allows for their application to individuals who have committed terrorist offenses. Thus, the provisions for exemption from criminal liability based on personal surety (Article 47 of the Criminal Code of Ukraine) and exemption due to a change in circumstances (Article 48 of the Criminal Code of Ukraine) can be applied to individuals who have been involved in committing a terrorist act (Part 1 of Article 258–1 of the Criminal Code of Ukraine) and those who have made public calls to commit a terrorist act (Article 258–2 of the Criminal Code of Ukraine).Consequently, legislative compromise regarding terrorist offenses represents a special form of criminal law impact. Within the realm of criminal law regulation of specific forms of exemption from criminal liability for committing terrorist offenses, there are ongoing scientific discussions, which discern the rational basis of scientific assertions, enabling a more rational implementation of legislative compromise concerning these crimes.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913559","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}
引用次数: 0
Historical origins of the institution of guardianship of children deprived of parental care before the declaration of Ukraine’s independence 乌克兰宣布独立前被剥夺父母照顾的儿童监护制度的历史渊源
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.2
V.V. Zaborovskyy, S.V. Zaborovska
{"title":"Historical origins of the institution of guardianship of children deprived of parental care before the declaration of Ukraine’s independence","authors":"V.V. Zaborovskyy, S.V. Zaborovska","doi":"10.24144/2788-6018.2023.04.2","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.2","url":null,"abstract":"This article reveals the essence of the institution of guardianship as one of the main forms of placement of orphans and children deprived of parental care through the prism of the study of the stages of its formation and development, in order to determine their main regularities, which is important in the conditions of our state’s stay in a complex socio-economic situation, due primarily to the armed aggression of the Russian FederationThe conducted research made it possible to highlight the following stages of the formation and development of the institution of guardianship of children deprived of parental care, namely: the period of the Ancient World and the Middle Ages, the period when Ukrainian lands were under the rule of the Russian Empire and the Soviet Union, the period associated with the declaration of independence of the Ukrainian state.The position is argued, according to which the institution of adoption and guardianship in Ukrainian lands originated in the period of paganism, and with the emergence of Kyivan Rus, the provisions relating to guardianship and care are already beginning to be mentioned. It is emphasized that during the Polish-Lithuanian rule, along with many other institutions, the institution of guardianship and care also developed (norms on the protection of the rights of orphans were contained in the Statutes of the Grand Duchy of Lithuania);It is concluded that the period of stay of the Ukrainian lands under the power of the Russian Empire and the Soviet Union was characterized by the legislative design of the system of guardianship and care institutions and their subsequent profiling. Social and economic problems, as a result of the First and Second World Wars, had a significant impact on the institution of guardianship during this period.To achieve the goal, the authors used methods characteristic of legal science. The research was conducted primarily using historical-legal, sociological, systemic-structural methods and the dialectical method of learning scientific reality.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"308 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913780","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}
引用次数: 0
Economic and legal prerequisites for the introduction of special economic regimes in the post-war period 战后时期实行特殊经济制度的经济和法律先决条件
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.33
S. Sieriebriak
{"title":"Economic and legal prerequisites for the introduction of special economic regimes in the post-war period","authors":"S. Sieriebriak","doi":"10.24144/2788-6018.2023.04.33","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.33","url":null,"abstract":"The article examines the essence of the process and the economic and legal grounds for the restoration of the post-war economic system. The place of special management regimes in the mechanism of economic recovery is emphasized. The specifics of economic recovery in the post-war period are determined using the example of other countries of the world. A historical retrospective of the mechanism of economic and legal economic growth is presented. The cost of damages from military actions and needs for the economic system of the state is assessed in detail in the economic and legal context. Legislation in the field of introduction of special management regimes in the post-war period was analyzed and evaluated. In particular, it is emphasized that the legal means that exist today cannot fully ensure the specified goals.The author notes that the criteria for determining enterprises, institutions and organizations that are important for the branches of the national economy are not clearly defined enough. Therefore, their practical application is doubtful. The article defines the main steps to create an effective economic and legal mechanism for the recovery of the economy of Ukraine in the post-war period.A number of directions aimed at improving state policy in the field of legal regulation of special modes of economic activity are proposed, taking into account the available European experience, the current situation in Ukraine, as well as the specifics of economic activity in conditions of full-scale war. The author of the article outlines the main directions of reforming legislation in the specified area. In particular, attention is focused on the need to introduce restrictions on trade (or any other types of economic activity) with counterparties from the aggressor country.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134914097","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}
引用次数: 0
Regional land resettlement organization: causes of creation and main consequences of its activity (1908–1918 years) 区域土地安置组织的产生原因及其活动的主要后果(1908—1918年)
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.6
D. Selikhov
{"title":"Regional land resettlement organization: causes of creation and main consequences of its activity (1908–1918 years)","authors":"D. Selikhov","doi":"10.24144/2788-6018.2023.04.6","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.6","url":null,"abstract":"The article is devoted to the agrarian migrations of Ukrainians, caused by the agrarian crisis at the end of the 19th century, the agrarian policy, which since April 1906 in the Russian Empire was entrusted to the new Prime Minister P. Stolypin. In order to prevent social conflicts, the local administration and self-governing bodies of the Ukrainian provinces of the Dnipro region offered his government their help in organizing mass migrations from the European part of the empire to the territory of the eastern outskirts of the empire, in particular to Siberia, the Far East and the steppes of Central Asia.It reviews the activities of the Regional Zemstvo resettlement organization in the field of peasant resettlement from Poltava and other provinces of the Dnipro region. Attention is drawn to the fact that, in addition to the regional resettlement organization created in June 1908, in fact, there are several other independent bodies dealing with resettlement issues, such as: peasant institutions represented by land chiefs; land management commissions; Zemstvo. Regional Zemstvo resettlement organization in 1911 p. was renamed the South Russian Regional Zemstvo Resettlement Organization. The resettlement policy of the Zemstvos is assessed as disappointing, if only because they had no administrative power, acting, as a rule, in the role of beggars. In the case of the Zemstvo participating in the organization of mass resettlement of Ukrainians, the situation in this area would be even worse, which gives grounds for a positive assessment of the desire of the Zemstvos, which were part of the Regional Zemstvo Resettlement Organization, to provide assistance, both on the road and, especially, in colonization areas.Emphasis is placed on the excessively high price that Ukrainians paid for the development of new lands at the beginning of the 20th century, because it turned out to be similar to the price of the industrialization of the USSR in the 30s of the 20th century, which was accompanied by millions of victims.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913310","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}
引用次数: 0
Types of measures regarding the implementation of decisions of the European Court of Human Rights in Ukraine 关于在乌克兰执行欧洲人权法院判决的措施类型
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.92
D. Minchenko
{"title":"Types of measures regarding the implementation of decisions of the European Court of Human Rights in Ukraine","authors":"D. Minchenko","doi":"10.24144/2788-6018.2023.04.92","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.92","url":null,"abstract":"The article is devoted to determining the peculiarities of application of various types of measures in the mechanism of execution of judgments of the European Court of Human Rights in Ukraine.Based on the analysis of international legal acts, provisions of Ukrainian legislation and case law, the author describes the procedure for applying individual measures and general measures in the process of enforcement of judgments of the European Court of Human Rights in Ukraine. The author distinguishes the difference between the procedure for enforcement of judgments of the European Court of Human Rights and the procedure for enforcement of judgments of foreign courts or international commercial arbitrations in Ukraine.It is argued that the viewpoint in the scientific literature that judicial review is not the main means of individual influence in the mechanism of enforcement of judgments of the European Court of Human Rights does not in any way negate its importance in situations where restitutio in integrum is possible only in this way.The author concludes that measures to enforce a judgment of the European Court of Human Rights are comprehensive in nature and are aimed at the fullest possible restoration of the violated right, elimination of the negative consequences of such a violation and prevention of similar violations in the future.The . The author concludes that individual measures are best suited to a particular legal situation. They are implemented both by virtue of the direct effect of the judgment of the European Court of Human Rights on the territory of Ukraine (in terms of payment of compensation to the victim) and by adopting decisions of state authorities based on the judgment of the European Court of Human Rights in accordance with the established procedure. For example, by reviewing decisions of national courts in exceptional circumstances.The author concludes that general measures have a systemic impact on the legal system of the State, serve the purpose of bringing national legislation closer to European standards and have a preventive effect on preventing future violations of the rights protected by the judgment of the European Court of Human Rights, not only in respect of the person in whose favour the judgment of the European Court of Human Rights was delivered, but also in respect of any other citizens of the relevant State.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913315","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}
引用次数: 0
International legal standards for the protection of a defender or a person’s representative from interference in their activities 保护辩护人或其代理人的活动不受干涉的国际法律标准
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.76
M.P. Klymchuk, B.V. Stecik
{"title":"International legal standards for the protection of a defender or a person’s representative from interference in their activities","authors":"M.P. Klymchuk, B.V. Stecik","doi":"10.24144/2788-6018.2023.04.76","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.76","url":null,"abstract":"The article provides a scientific analysis of international legal standards for the protection of a defender or a person’s representative from interference in their activities. It is emphasized that the formation of an effective legal mechanism aimed at achieving compliance of domestic legislation with international standards is important for ensuring the process of bringing national legislation into compliance with the requirements of leading legal democracies. It was emphasized that the practice of the European Court of Human Rights serves as an additional tool for the effective implementation of the function of protecting a person and representing his interests in criminal proceedings. In view of numerous violations of the basic components of the right to professional legal assistance, as well as the rights of defenders and representatives of persons involved in criminal proceedings, it is emphasized to take into account the provisions of the European Convention on Human Rights and the conclusions set forth in the decisions of the European Court of Human Rights regarding related to the activities of a lawyer, a person’s representative in an adversarial criminal process. It was concluded that the international legal norms, which establish general requirements for the implementation of judicial proceedings, are not only a procedural guarantee of ensuring the right to qualified legal assistance at the national level, their implementation in terms of the protection of a defender or representative of a person involved in criminal proceedings from external interference is designed to create conditions for the fulfillment of their functions by the specified entities. The principles of criminal proceedings are highlighted, which reflect the main requirements for the unhindered activity of a defender or a person’s representative in criminal proceedings, such as: legality; Rule of Law; ensuring the right to protection; the right to a fair trial; the right to freedom and personal integrity; equality before the law and the court, etc. Attention is drawn to the fact that any form of obstruction to the legitimate activity of a defense attorney or a representative of a person providing legal assistance in criminal proceedings, as well as violations of statutory guarantees of their activity, defined in international legal acts, must be considered as illegal, criminally punishable acts, defined by Art. 397 of the Criminal Code of Ukraine.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913316","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}
引用次数: 0
Understanding the term "constitution" in the period of ancient Rome 理解古罗马时期“宪法”一词
Analìtično-porìvnâlʹne pravoznavstvo Pub Date : 2023-09-14 DOI: 10.24144/2788-6018.2023.04.8
D.M. Byelov, M.V. Bielova, I.Ye. Peresh
{"title":"Understanding the term \"constitution\" in the period of ancient Rome","authors":"D.M. Byelov, M.V. Bielova, I.Ye. Peresh","doi":"10.24144/2788-6018.2023.04.8","DOIUrl":"https://doi.org/10.24144/2788-6018.2023.04.8","url":null,"abstract":"It is indicated that the constitution in the modern state is the basis of the legal system, that is, it determines its normative component (legislation and other sources of law), as well as the system of state institutions, legal ideology, and legal consciousness. Thus, the Constitution defines the entire paradigm of constitutional and legal relations in one or another period of state development. At the same time, the transformation of ideas about the content of the constitution also reflects social and political processes.The article is devoted to the study of the process of formation and development of constitutionalism, the understanding of the term “constitution” and the idea that philosophers invested in this concept, looking for a better model of a stable political system of the state. The article analyzes the term “constitution” in historical retrospect and how it correlates with the understanding of constitutionalism in modern legal literature. The homeland of constitutionalism was the ancient Greek polis, and the main theoretician in this field was Aristotle, who, based on the study of the constitutions of the polis of his era, came to the conclusion that the best model of a constitution is a mixed constitution, since it is this model that guarantees a stable political system. An example of a mixed constitution was the constitution of Sparta. According to the opinion of Polybius and Cicero, the model of a mixed constitution was characteristic of Ancient Rome as well. The model of the mixed constitution was accepted by modern constitutionalism as a guide.The article concludes that the constitution in a narrow sense was understood as an institutional arrangement with an indication of who has access to governing bodies and can participate in decision making. Thus, it was about state management. The constitution, in a normative sense, was designed to adapt a just system of government to the nature and purpose of the community of citizens.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913440","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}
引用次数: 0
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