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

{"title":"Modernization of the activities of law enforcement bodies of ukraine in modern conditions","authors":"Oleksiy Kuzminskyy","doi":"10.23939/law2023.40.317","DOIUrl":"https://doi.org/10.23939/law2023.40.317","url":null,"abstract":"Annotation. The current conditions of law enforcement agencies in Ukraine are extremely complex, which requires increased efficiency in this area. The purpose of this article was to highlight the main directions of modernization of law enforcement agencies of Ukraine. This study was carried out within the limits of the set goal using the following methods: information-analytical method, system approach method, anamnestic method, descriptive statistics method, descriptive analysis method, forecasting method. The specificity of law enforcement agencies' activities in modern conditions is determined by: the introduction of martial law and a change in the qualitative and quantitative composition of crime; globalization and European integration processes and universalization; digitization of law enforcement activities; establishing international cooperation in the fight against crime and ensuring national security. Proposals for improving law enforcement activities should be combined into one document, such as the Program for the Modernization of Law Enforcement Agencies of Ukraine, which will include the following areas: law enforcement agency activities under martial law; provision of socially oriented law enforcement activities; democratization and depoliticization of the law enforcement sphere; improvement of the legal framework of law enforcement activities based on international standards and foreign experience; ensuring the appropriate educational and qualification level of law enforcement officers; implementation of digital technologies and information systems; cooperation with governmental and non-governmental organizations and the public; international cooperation. This study cannot be considered exhaustive, but it opens perspectives in the development of research in this area. In particular, this concerns the establishment of cooperation with governmental and non-governmental organizations and citizens in ensuring national security in the conditions of martial law.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"9 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174510","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":"Imposition of arrests on property in criminal cases proceedings in Ukraine: problem issues","authors":"Oleg Lyuty, Olena Kovalchuk","doi":"10.23939/law2023.40.334","DOIUrl":"https://doi.org/10.23939/law2023.40.334","url":null,"abstract":"Annotation. The article deals with the topical issues of applying such a measure of securing criminal proceedings as seizure of property. Particular attention is paid to the legal status of the third party in relation to whose property the issue of seizure is being resolved, problematic issues that arise in the process of seizure of property and when criminal proceedings are closed during the pre-trial investigation and the issue of lifting the seizure of property has not been resolved are analyzed. Attention is also drawn to the fact that, in addition to the problems that arise during the seizure of property, no fewer issues arise during the cancellation of such seizures, especially if the seized property must be realized within the framework of other legal relations, for example, within the framework of a bankruptcy case or in within the scope of executive proceedings. Despite numerous changes regarding the regulation of property seizure, it is proposed to make changes to the current Criminal Procedure Code of Ukraine in terms of solving the following issues: regarding the property subject to seizure; certainty of the legal status of third parties whose property is subject to seizure, and bona fide purchasers; the composition of the participants in the court session regarding the seizure of property; which arise in case of closing of criminal proceedings or cancellation of arrest. It is proposed to supplement Article 175 of the Criminal Procedure Code of Ukraine with a detailed procedure for the execution of a decree on the seizure of property, as well as a record of this process.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"49 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175074","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 issue of regulatory and legal regulation of the activities of the President of Ukraine","authors":"Olena Kovalchuk","doi":"10.23939/law2023.40.086","DOIUrl":"https://doi.org/10.23939/law2023.40.086","url":null,"abstract":"Annotation. The article examines the issue of normative and legal regulation of the activities of the President of Ukraine, in particular, the definition of the powers of the President of Ukraine in the Constitution of Ukraine and the problems of normative and legal regulation of the implementation of the powers of the President of Ukraine at the legislative level. It is proposed to adopt the Law of Ukraine \"On the President of Ukraine\", the provisions of which include the following issues: powers of the President of Ukraine, guarantees of his activities, features of the powers of the President of Ukraine in relations with the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine and other authorities and their officials, acts of the President of Ukraine , the term of office of the President of Ukraine, the termination of the powers of the President of Ukraine, security guarantees of the President of Ukraine and his family members, the material support of the President of Ukraine, the creation and functioning of advisory, advisory and other auxiliary bodies and services under the President of Ukraine, and others. It is considered that a special place in the mentioned law should be defined for procedural issues of exercising the powers of the President of Ukraine, in order to avoid a double interpretation of the way of their implementation in the process of their implementation.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176351","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":"Firearms as an object of joint common property of spouses during the distribution of property","authors":"Rimma Rymarchuk, Viktoriia Shmyhovska","doi":"10.23939/law2023.40.237","DOIUrl":"https://doi.org/10.23939/law2023.40.237","url":null,"abstract":"Ukraine is a democratic state governed by the rule of law, that is, one whose legislation should maximally respect the fundamental rights and freedoms of a person and a citizen. In any time, and especially as difficult as now, it is important to have effective functioning of all possible ways to protect and implement these fundamental rights. It is important in our time to observe the right to a fair trial. Yes, many cases are resolved in court, but recently cases about the distribution of property have become widespread. Family law cases involve many important legal issues such as divorce, legal separation, property and debt division, child custody and visitation, child and spousal support, business valuation, health and life insurance, tax implications, parenting and pensions . Problematic issues in cases about the distribution of property of spouses, acquired under the right of common co-ownership during the period of marriage, appear more and more often in modern judicial practice. Thus, a husband and wife who have expressed a desire to dissolve their marriage are not always able to voluntarily agree on the division of property on their own. Therefore, a large number of such cases are resolved in court, and quite often controversial issues arise that are not always regulated by current legislation. An interesting issue is the distribution of weapons acquired during marriage. In many of these situations, you may think that having the gun registered in your name is all that is needed to preserve ownership in a divorce. Unfortunately, this is not the case. Even if each of your firearms is registered in your name alone, this will not affect the final asset distribution decision made by the court. If the weapon was purchased during the marriage, it will be considered joint property regardless of the registration documents. Therefore, a weapon cannot be considered an object of individual use by one of the spouses, and therefore is not personal private property.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"215 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174229","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":"Structure of legal relations related to the circulation of virtual assets","authors":"Alexandr Pochynok","doi":"10.23939/law2023.40.219","DOIUrl":"https://doi.org/10.23939/law2023.40.219","url":null,"abstract":"The article discloses subjects and objects of legal relations that are related to the circulation of virtual assets on the virtual assets market of Ukraine. The relevance of the research is determined by the fact that the article analyzes the innovations of national legislation and in the context of the implementation of the basis of legal regulation of cryptocurrency exchanges as subjects of the virtual assets market. In particular, the provisions of the Law of Ukraine «On Virtual Assets» were considered as a future legal basis for the legalization of cryptocurrency exchanges and the virtual assets market as a whole. The article highlights the positive and problematic aspects of the regulation of the above-mentioned law. In particular, the presence of freedom of emission and decentralization can be attributed to the positive aspects. The absence of intermediaries in transactions leads to a decrease in costs. That is, virtual assets are available to a wide range of users and have a fairly high degree of protection. Negative points are manifested in the presence of the threat of illegal use of virtual assets for the purpose of financing terrorism, carrying out subversive activities, trading in prohibited goods and using them to launder the proceeds of crime. The purpose of the study was to consider and reveal the structure of legal relations related to the circulation of virtual assets in accordance with the current legislation of Ukraine. The following research methods were used during the research: general scientific research methods (deduction and induction, synthesis and analysis, scientific abstraction, systematic approach); special legal methods of knowledge (formally legal, comparative legal, retrospective, legal forecasting); methodological substantiation of the essence, structure and nature of the structure of legal relations in the field of circulation of virtual assets, which is the object of the study. The legal participants of the virtual assets market, the procedure for their registration, licensing of activities of service providers related to the circulation of virtual assets are characterized. Based on the analysis, it was emphasized the importance of determining the legal mechanisms of state regulation, supervision and monitoring of the activity of cryptocurrency exchanges, finalizing the provisions of the law, as well as the need for further research on this topic of the article. The conducted research summarizes the existing structure of new legal relations related to the circulation of virtual assets.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"329 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174805","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":"Shortcomings of \"humanitarian diplomacy\" in the field of the protection of prisoners of war","authors":"Yu.M. Helemey","doi":"10.23939/law2023.40.385","DOIUrl":"https://doi.org/10.23939/law2023.40.385","url":null,"abstract":"The article provides a generalized analysis of the shortcomings of the functioning of humanitarian diplomatic institutions in the field of protection of the rights and freedoms of prisoners of war. It was established that, in general, the problem of the war in Ukraine actualizes deep ideological and legal constructions about justice, dignity and universal human values in the conditions of the conflict and requires a comprehensive approach to its solution. At the same time, the situation in the conflict zone leaves human rights mechanisms with the challenge of ensuring effective protection. Ensuring the inalienable rights of prisoners of war requires not only legal regulation, but also the practical implementation of these norms in difficult conflict conditions. It is motivated that the protection of the life and health of prisoners of war belongs to the canonical imperatives of ethics, which are embodied in normative acts of international humanitarian law. This imperative obligation, based on the principle of inviolability of the individual, reflects the highest anthropological ideals. However, the modern reality shows the insufficient effectiveness of these normative principles in the context of armed conflicts. Unfortunately, violations of the rights of prisoners of war have become commonplace, which requires improvement and strengthening of their protection mechanisms. The main task of the humanitarian community and the state striving to stabilize the situation in the conflict zone is to ensure elementary, \"minimum\" standards of humanity during a military conflict, including in relation to prisoners of war, which includes the need for a comprehensive approach that includes not only the regulatory and legal framework, but also the active role of international organizations, the public and humanitarian organizations. One of the main directions is to ensure independent monitoring of conditions of detention and treatment of prisoners of war. The analysis of the practice of the functioning of international and national \"humanitarian diplomacy\" in the context of the modern war on the territory of Ukraine gave us the opportunity to single out a number of significant problems in the field of protecting the rights of prisoners of war, in particular: the limited accessibility of representatives of \"humanitarian diplomacy\" to specific areas or groups of prisoners of war, to the camps where they are held; possible financial limitations of missions due to the problem of limiting resources and means for providing humanitarian aid; political pressure and limitations of \"humanitarian missions\", which causes a violation of the principles of neutrality and independence of humanitarian aid; security problems for employees of institutions.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"54 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175359","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 Russian Federation’s footprint in the United Nations: the right of «veto»","authors":"Iryna Shulhan, Olesia Ivanova","doi":"10.23939/law2023.40.425","DOIUrl":"https://doi.org/10.23939/law2023.40.425","url":null,"abstract":"The article examines some aspects of the problems of reforming the United Nations, which is the largest international organization in the world, established after the end of World War II to maintain peace, develop friendly relations and intergovernmental cooperation among member states. The study focuses on the activities of the UN Security Council, which is one of the key organs of the international organization, as it performs the main function of the UN - ensuring international security. A significant feature of this body is that it is empowered to make decisions which are binding on all countries that are members of the organization. It is emphasized that the veto right of permanent member states should act as a stabilizer ensuring the collegial nature of the UN Security Council's activities and adoption of important decisions in the field of international security. It is pointed out that the veto power in the UN Security Council is provided for to avoid counteracting the interests of the founding members of the Organization, but given the global expansion of the United Nations in the second half of the twentieth century, it seems obvious that such a right may impede the achievement of justice and equality of member States. The attention is focused on the inadmissibility of using the veto power not in the interests of maintaining peace and security, but on the basis of the member states' own interests.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175427","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 electronic judicial system: to the question of the complexity of the components","authors":"Oleh Shymin","doi":"10.23939/law2023.40.179","DOIUrl":"https://doi.org/10.23939/law2023.40.179","url":null,"abstract":"This article examines the complexity of the electronic justice system by determining its main components and their importance for the administration of justice. The author states that electronic justice is an advanced method of administering justice, based on the use of modern information technologies. Electronic justice is extremely relevant in the judicial reform paradigm, which is characterized by the use of advanced information technologies for optimization and modernization. The progressive aspect transforms the traditional judicial process, giving it new possibilities of efficiency, transparency and openness. It opens the way to the creation of a highly efficient and modern judicial system that meets the requirements of the modern legal environment and high standards of judicial practice. It is emphasized that electronic justice in the context of war plays an important role in ensuring justice and law and order. Key aspects in wartime include quick and effective access to justice, transparency and openness, preservation and analysis of evidence, security and privacy, and the ability to conduct trials in remote space. Thus, e-justice plays a key role in ensuring law and order and justice in the conditions of military conflict, providing effective and reliable tools to ensure the rights and interests of citizens. It is proven that its components include electronic court systems that automate judicial proceedings and optimize the processes of case consideration; electronic files that structure and provide access to court data and documents; electronic communication, which facilitates interaction between participants in the legal process through electronic channels; and electronic monitoring that analyzes and monitors aspects of judicial activity. Electronic justice and its components contribute to improving the efficiency and transparency of the judicial system, providing better access to information and facilitating the execution of court decisions. They are necessary tools for a modern legal system aimed at ensuring fairness, efficiency and openness.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174655","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":"Meta-anthropological cognization \"transcedental exchange\" in legal communication","authors":"A. Tokarska","doi":"10.23939/law2023.40.043","DOIUrl":"https://doi.org/10.23939/law2023.40.043","url":null,"abstract":"Abstract. The problems of meta-anthropological consistency of \"transcendental exchange\" in legal communication are considered. Emphasis is placed on the results of activities, their driving force, which can be an equally powerful means of both constructive and correlative action. A summary of the meta-anthropological approach to methods of overcoming aggression, impatience, conflict expression is highlighted. Transcendental exchange is based on showing sincere interest in the fate of a person, restraining emotions in conflict communication. It was established that the goal of the anthropological model of communicative interaction is equally extended to various spheres of activity: politics, economics, morality and law, etc. Its main functional role was noted: to ensure the effective interaction of legal subjects, their effective efforts to establish effective contacts that do not violate human rights and basic freedoms. The meta-anthropological interpretation of the exchange of opinions in legal communication is based on a complex socio-psycho-linguistic process. What actualizes the universalism of various models of social practices in communication. The concept of law as communication at the level of the sectoral legal goal of discourse is confirmed.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"48 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174852","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 the administrative and legal status of judicial bodies as subjects of protection of the citizens right of an environment safe for life and health in Ukraine","authors":"Uliana Kostiuk","doi":"10.23939/law2023.40.103","DOIUrl":"https://doi.org/10.23939/law2023.40.103","url":null,"abstract":"The article is devoted to the problem of determining the peculiarities of the administrative and legal status of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine. Particular attention is devoted to defining the specifics of the target, structural-organizational and competence blocks of this status. It was established that the specifics of the target block of the administrative-legal status of judicial bodies as subjects of protection of citizens' right to an environment safe for life and health in Ukraine are determined by the specifics of the purpose, tasks, functions, and principles of judicial bodies' activity in the environmental sphere. Having identified a wide list of components of the target block of the administrative-legal status of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine, their main features were determined. The peculiarities of the structural and organizational block of the administrative and legal status of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine have been established. It was established that they are determined by the specifics of the procedure for the formation and liquidation of judicial bodies, the organization of their activities, special forms of their work, financial, informational and logistical support of activities, etc. It has been established that the specifics of the competence block of the studied administrative-legal status are formed in view of the specifics of the procedure for the administration of justice, the implementation of judicial control and the responsibility of judicial bodies. Particular attention is paid to the specificity of the competence block of the studied administrative and legal status. It is characterized by a clear definition of the substantive and functional competence of the court in the current legislation, orientation towards the implementation of justice, the formation of conditions under which the environmental rights of every member of society can be protected, coordination of the powers of various judicial bodies within the framework of the definition of their substantive competence in the legislation, etc.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"51 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139172856","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}