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

{"title":"Problems of harmonization of national legislation to international legal standards","authors":"T. Harasymiv","doi":"10.23939/law2023.40.012","DOIUrl":"https://doi.org/10.23939/law2023.40.012","url":null,"abstract":"The article presents and analyzes the key theoretical and methodological problems and prospects for the harmonization of national legislation to international legal standards. Four stages of harmonization processes are distinguished: the stage of formation of the national legal mechanism (program) of harmonization of Ukrainian legislation with international legal standards. At this stage, it is necessary to: 1) outline issues that require updated legal regulation; 2) determine the range of international standards for which harmonization should be carried out; 3) create a material and technical base; the stage of comparative legal analysis and legal examination of norms of national legislation for their compliance with international legal standards; the stage of active modernization of national legislation taking into account international legal standards. At this stage, it is necessary to ensure the development and adoption of new normative legal acts, the introduction of changes in the current national legislation, which would maximally meet international legal standards and not violate the uniqueness and peculiarities of the national legal system; the stage of implementation of harmonization processes - implementation of harmonized acts is carried out, evaluation of the achieved results is carried out. It is concluded that without the introduction of active and effective measures, the process of bringing national legislation into line with the international standards of the UN, the Council of Europe, the EU will in fact remain at the level of declarations and wishes, and the accession of Ukraine to international legal acts that establish international standards will have a rather political, rather than international legal character.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"263 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139173220","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":"Administrative and legal guarantee of the rights and legitimate interests of ukrainian citizens in the field of public administration in Ukraine","authors":"Zoryana Dobosh","doi":"10.23939/law2023.40.077","DOIUrl":"https://doi.org/10.23939/law2023.40.077","url":null,"abstract":"The article is devoted to the problem of administrative-legal guarantee of the rights and legitimate interests of Ukrainian citizens in the sphere of public administration in Ukraine. Special attention is devoted to the analysis of the rights and legitimate interests of a person in the field of public administration as a subject of administrative and legal guarantees in Ukraine. It has been established that the source of guaranteeing individual rights in the field of public administration is the state. Other institutions of the state acting as subjects of administrative and legal guarantee of the rights of the individual in the field of public administration, broadcasting his will, endowed by the state with special competence, effective means of guaranteeing the rights of the individual. The article analyzes the peculiarities of the combination of public interest and private legitimate interests of individual individuals, the theory of the dualism of private and public interest within the framework of subjective public law, presents an analysis of the category \"public legitimate interests\", and the structure of subjective public rights. It was found that the category of subjective law in the public legal sphere is wider than the category of subjective public law. Particular attention is paid to the types of subjective public human rights, since their satisfaction is the most important subject of administrative and legal guarantee by the state, in particular through the mechanism of judicial control. Special attention is devoted to the analysis of public-civil, public-political, public-social rights. Positive and negative public, general and special rights in the researched area are singled out. It was noted that the practical implementation of administrative and legal guarantees of individual rights requires the involvement of a wide range of state institutions endowed with the necessary competence to create conditions, implement means aimed at guaranteeing the possibility of implementing individual rights and, if necessary, their protection. The features of guaranteeing the legal rights of a person, the system of such guarantees are characterized. It is emphasized that while guaranteeing a wide range of legal opportunities, the state should focus on developing a clear mechanism for countering the abuse of law in the field of public administration in wartime conditions.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"25 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139173470","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":"Verification – as a form of legal support for the mobilization of ukrainian citizens under martial law","authors":"O. Ostapenko, Iryna Shulhan","doi":"10.23939/law2023.40.143","DOIUrl":"https://doi.org/10.23939/law2023.40.143","url":null,"abstract":"The protection of state sovereignty and territorial integrity of Ukraine is one of the constitutional duties of citizens. Under the legal regime of martial law, administrative and legal means of conducting a balanced State policy on mobilization, and creating an appropriate human resources potential for the protection of the State sovereignty and territorial value of Ukraine are of particular importance. The authors of the article state that verification of a citizen's identity documents is one of the means of clarifying and establishing the identity of a citizen by authorized officials of state authorities, local self-government and military administration, in particular, by the Territorial Centers for Recruitment and Social Support. Regulatory legal acts of Ukraine regulate the relations arising in the course of verification of citizens' identity and provide for supervision/control over compliance with the law by officials authorized to carry out the verification. The authors of the study aimed to identify the causes and conditions that lead to conflicts during the verification of documents under the legal regime of martial law by military officials of the Territorial Recruitment and Social Support Centers. The authors emphasize that the legal means of resolving conflicts arising during the verification should be enshrined in the substantive and procedural rules of administrative law. The author emphasizes that a compromise is a possibility of reaching a full agreement during the verification of an individual's documents. The author proposes a list of cases where a compromise may be reached between the parties to the document verification. It is noted that the use of physical force, special means or weapons is an extreme measure which is allowed in exceptional cases and in accordance with the procedure clearly defined by law.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"45 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174170","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":"Implementation of criminal justice by jury courts in Ukraine: current state and development prospects","authors":"Oleksiy Leskiv, Olena Kovalchuk","doi":"10.23939/law2023.40.324","DOIUrl":"https://doi.org/10.23939/law2023.40.324","url":null,"abstract":"Annotation. The article examines the problematic issues of the implementation of the institution of the jury trial in Ukraine, the current state of the implementation of criminal justice by the jury trial, the reasons for the ineffectiveness of the domestic legislative mechanism of the activity of the jury trial, ways of improving the national legal system within the limits of the implementation of justice by the jury trial, and the possibility of implementing foreign experience in reforming the judicial system in Ukraine. The foreign experience of the jury trial was analyzed, the peculiarities of the Anglo-American and European jury trial models were considered, and the experience of the United States of America was emphasized. Taking into account the need to build an effective jury court in Ukraine, it is proposed: to make a transition from the continental to the classic jury court model, including separating jurors from professional judges and making them independent in passing a verdict on the guilt or innocence of a person; to reduce the number of professional judges during the consideration of criminal proceedings by a jury from two to one, but to increase the number of jurors on the model of the US petit jury to 6-12 people; by increasing the list of criminal offenses that can be considered by a jury; reduce the minimum age from which you can become a juror; to form juror lists on the basis of a competition followed by candidates taking a course in legal studies; create appropriate conditions for the protection of jurors and compliance with their independence; develop mechanisms for appealing clearly illegal jury decisions; to provide coverage of the activity of the jury court in the mass media in order to popularize it.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"47 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176321","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":"Mediation as an alternative way of resolving family disputes","authors":"Yuliana Kuziv, Victoria Chornopyska","doi":"10.23939/law2023.40.206","DOIUrl":"https://doi.org/10.23939/law2023.40.206","url":null,"abstract":"The article examines and analyzes family conflicts and the importance of mediation as an alternative way to resolve them. The nature of family conflicts, the peculiarities of family relations and the importance of a constructive resolution of this type of conflict are considered. It was determined that family mediation allows to take into account the high emotionality of family conflicts and is therefore very effective in confusing life situations. The history of the emergence of family mediation, as well as its development in different countries, including Ukraine, is studied. The article examines the effectiveness of new legislation in this field in Ukraine. The principles and stages of family mediation are discussed in detail, including preparation for mediation, gathering information, finding solutions and concluding the procedure. The possibility of including children in the family mediation process and the feedback stage after the mediation is also considered. The advantages of mediation in comparison with other methods of conflict resolution are determined. Mediation helps to create constructive solutions and compromises, taking into account the interests of all parties to the conflict. An important aspect is the ability to take into account the opinion and needs of children in family conflicts. Also, mediation is less expensive and time-consuming compared to court proceedings. The introduction of mediation into the legal system contributes to the reform of justice, ensuring a more effective and peaceful resolution of family disputes, and the Law of Ukraine «On Mediation» creates a legal basis for regulating this process. Voluntary participation and the role of neutral mediators make mediation a promising and humane tool for conflict resolution.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"46 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139172940","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":"Banking control in Ukraine: problems of implementation and adaptation to international standards","authors":"Mariia Mariia Antsyferova","doi":"10.23939/law2023.40.056","DOIUrl":"https://doi.org/10.23939/law2023.40.056","url":null,"abstract":"The article revealed that the current national legislation of Ukraine, unfortunately, does not have a legally regulated concept of \"banking control\". Scientific doctrine is multifaceted and contains diametrically different interpretations. Without pretending to the completeness and redundancy of the analysis of existing views on the nature of bank control, we will formulate the author's definition of \"bank control\". It is established that the domestic banking legislation is based on \"Basel I\" with the exception of the amendment regarding the inclusion of market risks from 1996. It was noted that the experience of foreign countries indicates a change in approaches to bank control. It is no longer just a control over compliance by banks with formal indicators, it is a transition to the principles of banking control defined in the international agreements \"Basel II\" and \"Basel III\", the introduction of a risk-oriented approach, quality control at the level of the banks themselves. It was concluded that the implementation of a number of Basel II and Basel III principles in Ukraine will only strengthen the Ukrainian banking sector as a whole due to a better understanding and quantitative assessment of risks, improving the quality of corporate governance and increasing business transparency.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174512","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":"Concepts and fundamentals of legal regulation of mediation institute: ukrainian and foreign experience","authors":"Solomia Vasyliv, Ivanna Dobrianska","doi":"10.23939/law2023.40.437","DOIUrl":"https://doi.org/10.23939/law2023.40.437","url":null,"abstract":"The article is devoted to the concept and legal regulation of the institution of mediation in Ukraine. The authors note that today mediation is one of the most effective ways to resolve conflicts, because the decision made as a result of negotiations or mutual agreement of the parties reflects the true interests of the parties. Modern mediation is one of the methods of out-of-court informal settlement of disputes, such as arbitration, conciliation, arbitration courts, expert evaluation. Mediation can be used both in family disputes and in disputes between large corporations or international disputes as not only an alternative method of conflict resolution, but as the most effective one. The authors, analyzing the concept of mediation, point out that the National legislation contains the definition of the concept of mediation in the Law of Ukraine \"On Mediation\". The authors note that despite certain differences in definitions, the following characteristic features are decisive for the concept of mediation: the involvement of a third, disinterested, independent person who helps to reach a consensus between the conflicting parties; voluntary participation in the mediation process; confidentiality of the dispute settlement procedure. Also, its non-judicial character is one of the characteristic features of mediation. In the article, the authors note that the adoption of the Law of Ukraine \"On Mediation\" has its positive consequences, namely: increasing public awareness of mediation as a way of resolving conflicts through negotiations; increasing trust in such an out-of-court method of dispute settlement, thanks to the legal certainty of the mediation procedure, the legal status of the mediator, the rights and obligations of the participants in the mediation procedure, and the outline of the main principles (principles) of its conduct; legalization of the profession of mediator and the corresponding type of activity; determining the mediator's status in interaction with courts, authorities in matters of the mediation procedure; not allowing the mediator to be questioned as a witness regarding the information that became known to him during the participation in the mediation procedure. Legislative regulation of mediation procedures, according to the authors, creates conditions for more active use of this method of conflict (dispute) settlement and their resolution","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175327","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":"Combating crimes in the financial sphere: current issues","authors":"I. Komarnytska, Evgenia Paliy","doi":"10.23939/law2023.40.092","DOIUrl":"https://doi.org/10.23939/law2023.40.092","url":null,"abstract":"The article analyzes the issue of combating crimes in the financial sphere and establishes the essence of financial responsibility as an institution of financial law. The establishment of Ukraine as a legal state involves the limitation of various forms of illegal behavior of subjects in the financial sphere and their administrative responsibility. This type of crime poses a significant threat to social relations, as it involves systematic encroachment on financial resources, which mostly ensure the stable, managed, orderly existence of people's lives in society. The concept of responsibility as a category of administrative law was considered and it was established that this concept is a much broader phenomenon, because, in addition to measures of legal responsibility, financial responsibility also includes measures of prevention, termination, and recovery. Also highlighted are the ideas that position the consideration of combating crimes in the financial sphere as a type of administrative responsibility. The issue of combating crimes in the financial sphere, as an important phenomenon for Ukrainian society, is highlighted.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"137 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174236","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":"Ethnic, educational and religious aspects in the state-forming ideology of ukrainian nationalists in the first half of the 20th century","authors":"Solomia Vasyliv, Danylo Bychovyi","doi":"10.23939/law2023.40.431","DOIUrl":"https://doi.org/10.23939/law2023.40.431","url":null,"abstract":"The article is devoted to issues of the ideology of the Organization of Ukrainian Nationalists (OUN) in the field of education, church and religion, issues of national minorities and peoples who lived on the territory of Ukraine in the first half of the 20th century. The authors note that in the interwar period, the OUN did not attach much importance to the issue of national minorities, and among some members of the OUN there was a somewhat critical attitude towards the Polish and Russian peoples. Such a situation with regard to the mentioned national groups was determined by historical realities, as well as by such factors as the deterioration of the attitude of the Polish authorities towards Ukrainians in Galicia, mass repressions and famines against Ukrainians in the territories controlled by the USSR. The position of representatives of the OUN towards national minorities was changing and brought its positive results, which is confirmed by the facts of the cooperation of the OUN and the UPA with representatives of various national minorities, including Russians, Poles, Jews and others. The article also analyzes the views of all OUN groups on the role of religion in the state, which evolved over time in the direction of democratic standards of religious pluralism and indifference. The role of the religious factor in the education of citizens was defined as paramount. The need to unify churches was put forward as a priority idea. It was the Christian religion that was recognized as the basis of morality and spiritual peace of the Ukrainian people, and the unification of Ukrainian Christian churches was considered a national necessity. Ukrainian nationalists were aware of the leading role of the educational sphere in the promotion of statist ideas, and therefore promoted absolute state control over the latter. As the authors note, the state ideology in the independent Ukrainian state was to be Ukrainian nationalism. In the concepts of the future Ukrainian state, considerable attention was also paid to the problem of the individual, his role in the life of society and the state. Nationalists argued that the rights of each person are directly proportional to the duties to the nation.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"37 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174068","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 regulation of the status of prisoners of war in accordance with the standards of international humanitarian law: historical and modern retrospective","authors":"Iryna Zharovska, Yaryna Shevchuk","doi":"10.23939/law2023.40.020","DOIUrl":"https://doi.org/10.23939/law2023.40.020","url":null,"abstract":"Annotation. The article is devoted to the study of the norms of international humanitarian law in force in Ukraine regarding prisoners of war and the history of their implementation in the Ukrainian legal field. A thorough analysis of the norms of international humanitarian law and their implementation in national legislation is carried out. The Third Geneva Convention clearly defines the concept of prisoners of war, which is particularly important for the issues under study, to whom both the personnel of the armed forces of one of the warring parties, as well as members of the resistance movement, as well as the population that defends its state from attack and is not reorganized in official armed formations. Ukraine has undertaken to fulfill all obligations regarding prisoners of war, which are prescribed in the Geneva Conventions, as well as additional protocols to the Geneva Conventions of June 8, 1977, which were ratified by Ukraine on August 18, 1989 and entered into force on July 25, 1990. Ukraine also undertakes to implement the UN Convention against Torture, which has been in force in Ukraine since November 5, 1998. The lack of proper legal regulation of the status of prisoners of war, their legal understanding and a defined set of guarantees was noted. Attention is focused on the declarative nature of norms. In general, despite the state of war in Ukraine, the situation of enemy prisoners of war who are in captivity of the state of Ukraine is based solely on Ukraine's adherence to the norms of IHL and international conventions for the protection of these rights, it is necessary to state the real observance of human rights, respect for the dignity of the person and the rule of law . Along with this, the urgent problem is the status of prisoners of war in the aggressor state, the impossibility of obtaining access to information about them in accordance with international and national institutions, cruel and inhumane treatment - this is a colossal pain of our society. The perspective of further research is defined as the issue of forming military law into a complex branch of national legislation, determining the guarantees of prisoners of war, the issue of their exchange, etc.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"53 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139172754","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}