Visegrad Journal on Human Rights最新文献

{"title":"Regulatory and legal support of tax policy in Transcarpathia in 1944-1946","authors":"Serhiy Boldyzhar","doi":"10.61345/1339-7915.2024.2.5","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.5","url":null,"abstract":"A study of normative legal acts adopted by the People’s Council of Transcarpathian Ukraine in the period 1944-1945 aimed at forming the tax system of Transcarpathian Ukraine was conducted. The structure of the financial and tax authorities of the region, their powers, the system of state and local taxation was studied, which allows us to draw certain conclusions about the state and legal direction of Transcarpathian Ukraine.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833508","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":"Enforcement of decisions of the Constitutional Court of Ukraine: issues of legal doctrine","authors":"M. Bielova, D. Byelov","doi":"10.61345/1339-7915.2024.2.2","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.2","url":null,"abstract":"It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant. \u0000The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research. \u0000In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 38","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832837","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 aspects of the application of Artificial Intelligence in jurisprudence: the experience of Ukraine","authors":"N. Kalyniuk, Kateryna Melnykova","doi":"10.61345/1339-7915.2024.2.11","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.11","url":null,"abstract":"The aim of the work is to study and analyze the role of artificial intelligence in jurisprudence in the context of the European integration of Ukraine. \u0000The methodological basis of the study is the dialectical method of scientific knowledge, since with its help the genesis of the development of artificial intelligence in society in general, including in jurisprudence, interaction with other elements of the legal system of Ukraine, prospects for development in domestic criminology, etc. was revealed. The anthropological approach helped reveal the importance of reforming domestic criminology in the context of international legal standards in the field of human rights. From the standpoint of the value approach, the role of artificial intelligence in modern criminology is investigated. The work uses such general scientific methods as: system analysis, going from the general to the specific, analogy, generalization, comparison. Special-legal methods, such as comparative-legal, formal-dogmatic, sociological-legal, cultural-legal. \u0000Results. The article found that artificial intelligence is popular in many areas of human activity, in particular in jurisprudence: for checking documents, conducting legal research, forming accounts for court costs, distributing court cases between judges, drawing up contracts, searching and highlighting the necessary information in the text legal document, detection and investigation of crimes, conducting forensic examinations, etc. It has been proven that the field of digital forensics covers the detection, recording, preliminary investigation and use of computer information, digital traces and means of processing them to solve tasks related to the detection, detection, investigation and prevention of crimes. \u0000Conclusions. Digital forensics focuses on the patterns of occurrence and use of digital traces, the development of technical means, techniques and methods for the detection, recording, extraction and study of digital information (evidence), as well as the development of techniques and methods for processing digital information. This is a branch of criminology that studies the means to uncover targets based on knowledge of these patterns, investigate and prevent crimes. During martial law, the possibilities of using artificial intelligence in Ukraine are implemented in three areas of criminal justice: preventive activities, pre-trial investigation activities, and trial activities.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 31","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832775","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":"Comparative legal analysis of the legal regulation of overuse in Ukraine and the Republic of Italy","authors":"I. Machuska, I.V. Argatiuk, S.B. Nedilchenko, V.V. Burliy","doi":"10.61345/1339-7915.2024.2.13","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.13","url":null,"abstract":"The article is devoted to the study of the legal regulation of subsoil use in Ukraine and the Republic of Italy. It has been studied that starting with Ukraine’s declaration of independence, a new stage of development of the subsoil use institute began, which was marked by the adoption of a wide range of laws in the specified area. \u0000It has been established that in the context of adapting legislation in the field of subsoil use to the requirements of the European Union, it seems appropriate to improve the norms of national legislation to international norms of environmental legislation. \u0000It is noted that the legal regulation of subsoil use in Ukraine is carried out in accordance with general normative acts that regulate the right of ownership, the right to use subsoil resources, the activities of mining enterprises, namely: the Code of Ukraine on Subsoil; The Mining Law of Ukraine, as well as special regulatory acts regulating the extraction of certain types of minerals – precious stones, precious metals, oil, gas. \u0000It has been investigated that despite the existing legal framework in the field of subsoil use, there are problems of legal regulation of mining of precious stones, including amber, in Ukraine. It is noted that in order to improve the legislation in the field of mining of precious stones, it seems appropriate to adopt a legislative act that will contain provisions on the specifics of mining, sale of precious stones and responsibility for its illegal mining. \u0000The article examines the historical and legal aspects of the formation of Italian legislation from the earliest times. The legislation of the Republic of Italy is analyzed. It has been established that legal regulation in the field of subsoil use is regulated by both general legislative acts and laws that carry out legal regulation of subsoil use in individual regions of Italy. \u0000The article analyzes the legal regulation of the mining police (Polizia Mineraria), whose activities are aimed at preventing offenses in the field of subsoil use. \u0000It was concluded that it is necessary to borrow the experience of the Republic of Italy in the field of subsoil use in the formation of a special unit of the mining police of Ukraine and the adoption of the Law of Ukraine “On the Mining Police of Ukraine”.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832968","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 liability for violation of legislation in the field of volunteering","authors":"V. Gapon","doi":"10.61345/1339-7915.2024.2.7","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.7","url":null,"abstract":"The article analyzes the peculiarities of administrative liability for violating legislation in the field of volunteer activities. It is established that administrative liability is one of the forms of legal liability, providing for a negative response of the state, represented by its authorized bodies, to an administrative offense (misdemeanor), imposing an administrative penalty as determined by law on the guilty subject. The author examines the main grounds for administrative liability in the field of volunteer activities, and as a result, it is established that the Law “On Volunteer Activities” does not regulate this issue in detail, unlike the provisions of the Law “On Charitable Activities and Charitable Organizations”. \u0000The author establishes that the main administrative offenses in the field of volunteer activities are those enshrined in Chapter 12 of the Code of Administrative Offenses, i.e., those provided for in Articles 155-16628 of the Code of Administrative Offenses. Additionally, there are categories of administrative offenses in the field of taxation and financial reporting provided for in Articles 1551, 1631 and 16316 of the Code of Administrative Offenses. Furthermore, administrative liability of entities in the field of volunteer activities may also arise in case of violation of customs rules, as provided for in Article 472 of the Customs Code of Ukraine. \u0000Having analyzed the main statistical indicators of the detection of administrative offenses under Articles 155-16628 of the Code of Administrative Offenses, as well as the individuals who committed them, it was found that there is a tendency to increase their number. At the same time, the number of cases of administrative offenses under Article 472 of the CCU has significantly decreased since the beginning of the full-scale invasion, which may be due to the difficulty of detecting this category of offenses, especially in border regions.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141832846","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":"Policy of the European Union in relation to Ukraine","authors":"I. Dir","doi":"10.61345/1339-7915.2024.2.6","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.6","url":null,"abstract":"The aim of the work is comprehensive analysis of the state of bilateral relations between Ukraine and the European Union at the stage after the opening of the accession negotiation process. \u0000The methodological basis of the study official websites of specialized institutions in Ukraine and the European Union, laws, analytical reports, articles by other scientists, etc. \u0000Results. In April 2024, the European Commission issued a Proposal for a Council Implementing Decision on the approval of the assessment of the Ukraine Plan. This Plan, in addition to the provisions on the reconstruction of Ukraine and financial support, also contains other important provisions. Yet, the document contains a reform plan that must be implemented by Ukraine. In general, the Ukraine Plan proposes 69 reforms and 10 investments accounting for 146 qualitative and quantitative steps. These reforms are based on 15 key sectors, which also cover sectors of the EU acquis. Sectors in which it is necessary to attract investments are additionally selected. An important feature of this Plan is also the fact that the number of steps necessary for the implementation of these reforms is determined. \u0000An important feature of each of these reforms is that it takes into account the EU acquis. For example, the goal of the Public Administration reform cluster is strengthening the capacity and efficiency of the Ukrainian administration and the gradual alignment of the rules, standards, policies, and practices with the EU acquis. Accordingly, the introduction of certain reforms has a positive effect on Ukraine’s implementation of the EU acquis in domestic legislation. It was found that out of 33 clusters of the EU acquis, the implementation of reforms will have broad alignment with recommendations in the 2023 Enlargement Report for 14 clusters. Another 11 clusters will be partially approximated. \u0000Conclusions. As a result of the study, it was found that the European Union actively helps Ukraine in its European integration aspiration. Thus, in April 2024, the Proposal for a Council Implementing Decision on the approval of the assessment of the Ukraine Plan was presented. In addition to the provisions on the reconstruction of Ukraine, this report contains a reform plan that must be implemented by Ukraine in order to bring domestic legislation as close as possible to the EU acquis.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833523","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":"Subjects of attracting and using international military aid in Ukraine","authors":"N. Horobets","doi":"10.61345/1339-7915.2024.2.8","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.8","url":null,"abstract":"The article is devoted to clarifying the subject composition of the involvement and use of international military aid in Ukraine. It was determined that the relevance of studying this issue is due to the need to minimize corruption risks during the involvement and use of international military aid, as well as to ensure the transparency of these processes in order to build trusting legal relations between Ukraine and the countries that provide such aid. Given the lack of comprehensive research on this issue, the basis of the study is the legislative and by- laws of Ukraine, which define the powers of the entities that participate in the involvement and use of international military aid. It was found that until 2024, despite 2 years of war, the concept of “international military aid” was absent in the legislation of Ukraine, which made it possible and complicated to develop and approve the procedure for attracting and using international military aid. It was emphasized that with the adoption by the government of Resolution No. 168 on February 13, 2024, the powers and limits of responsibility of the subjects of the general (the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine) and special (the National Security and Defense Council, the Ministry of Defense of Ukraine, the Armed Forces Forces of Ukraine) competence in the field of attraction and use of international military aid. It was concluded that, in practice, the above-mentioned subjects’ implementation of their powers will contribute to the transparent receipt, distribution of such aid, its targeted use, and the preparation of appropriate reporting for partner countries.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833571","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 role of non-governmental organizations in the functioning of International Human Rights protection mechanisms","authors":"Andrii Ivanytskyi","doi":"10.61345/1339-7915.2024.2.10","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.10","url":null,"abstract":"Effective protection of fundamental human rights is one of the main features of a modern democratic state governed by the rule of law. Non-governmental human rights institutions are an important component of the international human rights protection mechanism, as they operate at the local, regional, national and international levels. The relevance of the study is due to several factors, including: increased attention to human rights in the international legal system, increasing cases of human rights violations in the world, and the lack of effectiveness of national human rights mechanisms. Among other things, the Russian-Ukrainian war is of particular relevance, as the level of human rights violations in the conflict zone is extremely high. In view of this, a comprehensive study of the role of international non-governmental organisations in international human rights mechanisms is clearly relevant. \u0000The aim of the work is defining the role of non-governmental organisations in the international human rights protection mechanism and determining the forms of participation of international non-governmental organisations in the protection of human rights at the international level. \u0000The methodological basis of the study. In order to achieve this goal, an integrated approach is applied, which determines the use of general and special scientific research methods. In particular, the functional method was used to determine the functions of international non-governmental organisations in the field of human rights protection. The formal legal method was used to analyse the provisions of international legal acts. The systemic-structural method was used to identify the main features of the participation of international non-governmental organisations in the mechanism of human rights protection at the international level. The methods of analysis, synthesis, induction, deduction, and analogy were also used to formulate conclusions and proposals. \u0000Results. The article examines the role of international non-governmental organisations in the international human rights mechanism. The study covers the results of the activities of international non-governmental organisations Amnesty International, Human Rights Watch, International Federation for Human Rights, Human Rights First, Interights and other non- governmental organisations that draw the attention of citizens and governments around the world to human rights violations. It is noted that the activities of non-governmental organisations in addressing the issue of human rights protection are effective and have an important impact on the resolution of human rights violations. It is emphasised that the role of international non- governmental organisations is growing in the current context, as their activities have an impact on addressing human rights violations in the context of the Russian-Ukrainian war.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833246","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":"Control in the field of banking activity: problems, prospects of development and legal regulation","authors":"A. Nakonechna","doi":"10.61345/1339-7915.2024.2.15","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.2.15","url":null,"abstract":"The aim of the work is to study the problems of control in the field of banking. During the writing of the work, the concept, essence and content of the concept of control in the field of banking activity are studied. By working through a large number of works of scientists on this issue and using the method of comparison and analysis, ways to overcome more significant shortcomings have been identified. The most effective ways to solve the problem, which consist in the integration and differentiation of banking legislation, have been found. The process of integration of banking legislation, in our opinion, consists in carrying out high-quality work on the creation of the Banking Code of Ukraine. The mechanism for creating a banking code should include the process of systematization of banking legislation, which includes incorporation and codification. The legal regulation of banking activity in foreign countries, which is characterized by the diversity of the legal nature of the sources of banking law, a highly developed system of normative acts on banks and banking activities, the thoroughness of their legal regulation and the penetration of a foreign element into the national banking legislation, has been studied. Therefore, in connection with Ukraine’s aspiration to join the European Union, considerable attention should be paid to the legal regulation of the principles of control in the field of banking activities in the EU.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":" 45","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141833373","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":"Use of forensic examination opportunities during the investigation of corruption criminal offenses committed by judges","authors":"E. Svoboda, Y.P. Tsipotan","doi":"10.61345/1339-7915.2024.1.18","DOIUrl":"https://doi.org/10.61345/1339-7915.2024.1.18","url":null,"abstract":"The article emphasizes the significant pre-trial importance of forensic examinations in investigating corrupt criminal offenses as one of the forms of utilizing specialized knowledge. The authors disclose the definition of forensic examination. Based on the works of criminologists, survey results from practitioners, and the study of verdicts from the Higher Anti-Corruption Court, it was established that forensic examinations are assigned to state specialized expert institutions but to various subjects of forensic activity. A list of forensic examinations types, primarily appointed in the investigation of criminal offenses committed by judges, is also identified. The most common types of forensic examinations in the investigation of corruption criminal offenses committed by judges are considered. The authors emphasize the importance of forensic criminalistic examination of audio and video materials, forensic document examination, forensic portrait examination, forensic handwriting examination, forensic computer-technical examination, forensic dactyloscopic examination, psychological examination, and forensic linguistic (semantic-textual) examination. It is outlined that conducting examinations in corruption-related proceedings is an effective means of determining the crime mechanism, identifying comparative sample and traces of the suspect, and the subject of the unlawful benefit. The main tasks set for the expert to solve during the investigation of corruption criminal offenses committed by judges are systematized. In the modern context, attention is focused on solving identification and diagnostic tasks. \u0000All these achievements are substantiated by statistical data results and interviews with practitioners, as well as through the analysis of criminal proceedings in the specified category of offenses.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"23 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141008065","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}