Вісник Національного університету "Львівська політехніка"最新文献

{"title":"Microcosmos in natural and legal education: metapedagogical technologies","authors":"Yaroslav Turchyniak","doi":"10.23939/law2023.38.111","DOIUrl":"https://doi.org/10.23939/law2023.38.111","url":null,"abstract":"The scientific article discloses certain methodological aspects of the metaphysical pedagogy of natural and legal education of the microcosm. In particular, relevant pedagogical technologies of legal education, training and development of the microcosm in the micro-legal field, which is part of the macro-legal field, were investigated. It is outlined that the primary source and starting point of all processes that take place in the universe (macrocosm) is man, that is, the microcosm. The legal order in the universe depends on how intelligent, educated, and erudite a person is. That is why the process of research and development of meta-pedagogical technologies of education of the microcosm in the macro-legal field is becoming increasingly important, because it is aimed at achieving the common good. It has been established that man and freedom are inseparable concepts, because without freedom, conscious, volitional human behavior is impossible. The sense of freedom developed in a person is the key to building a prosperous society, because external freedom is the basis for building a legal system. It is noted that the main task of legal education of a person at an early age is to develop in him clear ideas about good and evil, by which he will be guided in the future as criteria for lawful and law-abiding behavior in society. Personal education should be carefully aimed at a person's awareness of the limits of his freedom and their correlation with the limits of the freedoms of other citizens, because without knowing himself and without understanding his own nature, a person cannot build a healthy society, which is the foundation of a legal state.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296315","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":"Legislative regulation of problems of gender-based, domestic and sexual violence","authors":"Alla Yosypov, Andriy Zhiravetskyi","doi":"10.23939/law2023.38.225","DOIUrl":"https://doi.org/10.23939/law2023.38.225","url":null,"abstract":"The article analyzes international and national legislation in the field of prevention and counteraction of gender-based violence, sexual and domestic violence. It has been established that the Istanbul Convention is the main source that contains the most comprehensive list of measures aimed at protecting persons affected by gender-based violence, as well as providing them with appropriate services. International documents have a clear emphasis on two types of violence - domestic violence and crimes in the name of so-called \"honor\" - the victims of which are mainly women, who, accordingly, suffer disproportionately compared to men. It was concluded that during the years 2018–2021, in Ukraine as a whole, the legislative framework in the field of prevention and counteraction of domestic violence and gender-based violence and the provision of medical, social, psychological, and legal assistance and services to the victims has been sufficiently developed, which includes about thirty normative legal acts and continues to develop.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296376","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":"Social determinants of the formation of individual criminal behavior","authors":"Oleksii Humin, Alla Yosypov","doi":"10.23939/law2023.38.209","DOIUrl":"https://doi.org/10.23939/law2023.38.209","url":null,"abstract":"The article analyzes the main reasons and circumstances that push citizens to commit crimes, as well as the conditions that arise in society and form certain reasons that lead to the commission of crimes. Given the criminogenicity of marginality and its dependence on the characteristics of each person, their qualities, the stability of views and beliefs, and the possible nature of the occurrence of socially harmful consequences, the probable theory of causality, in our opinion, is the most appropriate in determining the reasons for the appearance of marginality. The conditions of personality formation, upbringing, socialization, the influence of external factors during an individual's life affect the development of marginality and the associated social deformation of a person. It was concluded that since there are practically no social guidelines of proper behavior supported by the state in society today. Due to the fact that the state policy does not pay attention to the support of social values and guidelines of appropriate behavior, everyone determines its limits for themselves. In conditions of legal marginality, refusal to recognize legal prescriptions as basic, combined with consumer ideology, a person has no internal motives for refusing to commit an offense.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296380","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":"Differences in the criminal law regulations of liability for fraud in the legislation of some foreign countries","authors":"Oleksii Humin, Vladyslav Kozlov","doi":"10.23939/law2023.38.217","DOIUrl":"https://doi.org/10.23939/law2023.38.217","url":null,"abstract":"Abstract. During the last decade, there has been an interest in comparative legal studies concerning the science of criminal law. A significant change in the conditions of social life and the desire to adhere to the principles accepted by the peoples of developed countries require the study of foreign experience and sometimes taking information from international law. Comparative research makes it possible to reveal and take into account other people's mistakes and achievements when solving questions about criminality and the punishment of specific acts, helps to understand the role and significance of criminal law as a tool of social regulation. Recently, comparative legal studies of norms concerning property criminal offenses have appeared in science, but they pay unjustifiably little attention to the investigation of fraud. In this article, without pretending to be an exhaustive analysis, we will focus attention on the most significant differences in the criminal law regulation of liability for fraud in the legislation of some foreign countries. No society can exist without property, which, being the economic basis, largely determines political, moral, legal, and other relations. According to the modern idea of the system of social values, the right to property is regarded as the greatest of the social benefits of an individual. Therefore, encroachments on these benefits are encroachments on personality. Fraud occupies a special place among criminal offenses against property. Even though in quantitative terms, fraudulent crimes are inferior to theft and robbery, in terms of the growth rate of the number of registered cases of fraud, this type of criminal offense is significantly ahead of other crimes against property. A feature of foreign legislation is the presence, along with the general regulation concerning liability for fraud, of an extensive system of special regulations concerning liability for fraud in financial markets, in insurance, lending, and circulation of actual objects, goods, and services.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"234 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295816","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":"Methods of separation at the preparatory stage of criminal examination of material evidence","authors":"Volodymyr Baranyak","doi":"10.23939/law2023.38.195","DOIUrl":"https://doi.org/10.23939/law2023.38.195","url":null,"abstract":"In expert practice, questions often arise related to the separation (separation) of research objects from a mixture of dissimilar particles of solid materials, liquids of different densities, emulsions, two-phase media. During the study, physical and chemical separation methods are used. The choice of the separation method depends on the percentage composition and properties of the mixture and its constituent components. Expert research is carried out using various methods of separation: by mass (inertial), by size, electrical, magnetic, radiometric, photometric, etc. Chemical separation is its separate type. Analysis of expert practice indicates that separation is mainly applied during the forensic investigation of metals and alloys (solids), drugs (solids, liquid substances) and petroleum products (liquid substances). The article analyzes the methods of separation at the preparatory stage of the expert study of microparticles of precious metals and handicraft drugs. Forensic investigation of metal and alloy products is one of the most difficult, since the detection and separation of microparticles of the metal under study from other metal particles and their subsequent identification require the use of both chemical and instrumental research methods. The separation of the metal under study from the mixture of other metal particles was carried out by the method of mechanical and magnetic separation and chemical (selective dissolution) separation. During the expert study of acetylated opium using chromatographic methods, difficulties often arise associated with the separation of components due to the presence of a large amount of ballast substances (in particular, chlorophyll) extracted from poppy straw in acetylated opium. The use of an inertial separation method makes it possible to speed up the separation of an aqueous solution of a narcotic drug emulsion and an extracting organic solvent.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296313","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":"Features of crime prevention programs in the USA","authors":"Maria Koval","doi":"10.23939/law2023.38.231","DOIUrl":"https://doi.org/10.23939/law2023.38.231","url":null,"abstract":"It was found out that today in all developed countries of the world, in particular in the USA, large-scale work on preventive activities is carried out at the state level. The authorized bodies develop perspective programs and create specialized units that implement these projects in practice. World practice on crime prevention is implemented through practical application after being established in the relevant regulatory and legal acts. It was emphasized that in Ukraine, representatives of all types of law enforcement activities develop certain methods and measures to combat crime at the level of their own competence. Of course, there are national and regional programs, but specific bodies and their divisions have considerable freedom of action regarding the direction of professional implementation. This approach has positive points and some caveats. Guided by national programs, representatives of a specific law enforcement branch can determine on the ground the main \"risk zones\" and the contingent of citizens with whom it is expedient to work more intensively. The point of concern is that all services and units need to act in a coordinated manner so that preventive work is carried out in a planned manner and covers all areas of the population without gaps and duplication of measures. It is noted that the introduction of grant programs is a powerful factor for the full implementation of preventive measures to prevent crime. Each grant program provides for a specific direction of implementation of measures that will ensure work with the target audience based on a certain set of methods. Programs for work with minors are, as a rule, educational, those that cover the population in general - legal education, work with the elderly is aimed at familiarization with social guarantees and opportunities, in particular, with regard to inheritance law, lifetime maintenance contracts, etc. Attention is focused on the importance of conducting preventive work with persons released from prisons in the context of their resocialization. Such persons need psychological and material support in order not to commit crimes due to the rejection of them by society, because many of them claim that it is easier for them to be in places of deprivation of liberty than in a prejudiced environment, when it is difficult to get a job, to restore lost social connections ties, etc.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296384","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":"Protection of the rights and legal interests of children during the war in Ukraine","authors":"Ihor Koval","doi":"10.23939/law2023.38.066","DOIUrl":"https://doi.org/10.23939/law2023.38.066","url":null,"abstract":"It was found out that in Ukraine, the issue of protecting the rights and interests of children was given considerable attention even before the war. Starting from the formation of juvenile prevention to educational reforms - all measures were aimed at forming a complete personality of the future generation. It is important that, during their stay in difficult life circumstances, children feel comprehensive protection and that they are not left alone in the cruel realities of life. In territories where there are no active hostilities, it is necessary to ensure the educational process, if possible, the activities of groups and centers for social support of minors. A positive moment will be the joint social work of children with their parents (volunteering, socio-cultural events, legal education to fully inform parents and children about social guarantees and rights during martial law. It was emphasized that under the conditions, when certain rights of citizens are legally restricted during martial law, the problem of ensuring the rights and interests of children becomes actualized. This task is complicated by the large number of internally displaced persons, the increase in the number of children who have lost their parents and relatives, and other factors resulting from the war. The issue of maximum safety of children in all aspects (physical, psychological, social and household) is important for the preservation of a healthy future generation that will face the task of developing Ukraine. It is noted that legislative bodies should actively respond to the challenges of modern times by adopting normative legal acts, or introducing changes and additions to existing ones, in favor of ensuring the rights, freedoms and legitimate interests of children affected by war, relying on international legal experience countries that, unfortunately, were faced with the solution of such problems. Attention is focused on the problem of the safety of children who left Ukraine due to the war. Representatives of the international legal community help solve this problem. One of the main components of the state policy of Ukraine in the field of protection of children's rights is the improvement of the legal framework, including the implementation of the norms of European and international law.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295820","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":"Protection of computer software in the copyright system","authors":"Rimma Rymarchuk","doi":"10.23939/law2023.38.183","DOIUrl":"https://doi.org/10.23939/law2023.38.183","url":null,"abstract":"Software development in recent decades has demonstrated a pace of change not seen since the Industrial Revolution. Software affects almost every aspect of human life in all parts of the world. From an intellectual property rights perspective, discourse and debate focus not only on how software should be protected, but also on a host of issues that reflect the many aspects that software plays in the digital distribution of creative content. A further issue concerning the concept of “computer program” is whether the images generated on screens as a result of the operation of a program (for example, in the case of video games) may or should be regarded as parts of a “computer program”. It is possible to find certain views according to which an affirmative answer should be given to this question, and such views have been accepted exceptionally even at the level of national legislation, but the dominant opinion, as well as the dominant position under national laws, is that the images generated by a computer program in the form of screen display go beyond the concept of computer programs proper. The concept of “computer program” under Article 4 of the WCT also does not extend to the images generated by computer programs on screens. Until recently, unauthorized copying of software required the physical exchange of floppy disks, CDs, or other hard media. But software piracy has become much easier with the spread of the Internet, becoming faster and cheaper. The Internet allows products to move from computer to computer without transactions on hard media and with little risk of detection. Some piracy schemes may even involve computers without the owner's knowledge. Piracy that once required understanding complex computer codes can now be done with the click of a mouse on peer-to-peer networks, through mail-order and auction sites, newsgroups, or even as simple email attachments. Strong action at the local, national and international levels is needed to counter these dangerous trends.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The potential of public organizations in forming the legal ideology of Ukrainian society","authors":"Rostyslav Zhuravskyi","doi":"10.23939/law2023.38.043","DOIUrl":"https://doi.org/10.23939/law2023.38.043","url":null,"abstract":"The article reveals the potential of public organizations in shaping the legal ideology of Ukrainian society. Revealing the role of the activities of public organizations in the formation of the legal ideology of Ukrainian society, the following functions of them in this process are determined: civil and professional socialization; communication function; regulatory, organizational, oppositional, protective, educational and personnel functions. The article found out that among the most popular ways of forming the legal ideology of Ukrainian society, which are used by public organizations and are extremely significant in military conditions, the following should be singled out: volunteer and charitable activities, educational and scientific work, establishing international relations, providing support socially vulnerable citizens, internally displaced persons, victims of military operations, and military personnel and their families. The article emphasizes that the potential of public organizations in the formation of legal ideology lies primarily in achieving general social consensus, social compromise, on the basis of an established, integral vision of the role of law in the state and civil society, as well as in determining the main goals, methods and mechanisms of legal regulation. One of the obligations of the state in relation to public organizations is the regulatory and legal support of their activities and interaction with public authorities, in particular, the adoption of special laws that determine their legal status.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295892","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":"Aggression as a determining factor of illegal human behavior","authors":"Victoriya Chornopyska","doi":"10.23939/law2023.38.125","DOIUrl":"https://doi.org/10.23939/law2023.38.125","url":null,"abstract":"The article examines the essence of the nature of the phenomenon of aggression and characterizes it as a determining factor of illegal human behavior. Various definitions of the concept of aggression as one of the internal deep-psychological determinants of behavior are considered. It is substantiated that aggression, as a predetermined and socially determined behavior, is inextricably linked with the satisfaction of the basic life needs of an individual. It was established that social, personal and psychological factors play a decisive role in the aggressive behavior of an individual, but not each of them separately or their complex - they act in the context of a complete personality and are in direct connection with a specific life situation. Based on the analysis of scientific theories of aggressive behavior, it can be argued that aggression is the basis of behavioral disorders, including its illegal manifestations. Theoretical and legal aspects of the analysis of aggression point to the need to study the legal and socio-cultural discourse regarding the understanding of this phenomenon. Carrying out such an analysis definitely requires adherence to the principles of methodological pluralism, which reveals the contradictory nature of human aggression. This diversity made it possible to analyze that legal, social, cultural factors, as well as biological ones, are responsible for anthropological aggression. Such consideration reveals the essence of aggression as a phenomenon determined by various factors of human existence in the world. It was found that these factors impose responsibility both on the individual and on the legal and socio-cultural discourse of the society, which through civil processes and positive law «suppresses» and «cultivates» aggressive behavior and aggressive expression of will.","PeriodicalId":490087,"journal":{"name":"Вісник Національного університету \"Львівська політехніка\"","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295900","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}