Формування ідеалу правової особистості

Author(s): V. Slipenchuk / Language(s): Ukrainian / Issue: 131/2015

Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding.Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948) Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as we believe, an opportunity to analyze the formation of the ideal of legal personality.Paper objective. Thus, the purpose of this article is analysis and systematization of philosophical views on the issue of forming the ideal of legal personality in Russian philosophy of law, limited by the late 19th - early 20th century During this period, leading philosophers and jurists come to the conclusion that the existence and development of the law governed state should be based on a legal personality.Taking into account the diversity of interpretations of liberal concepts, we begin with a brief description of the charms of liberal ideas, find out the core values that inspire these concepts and focus on the source of political programs and core values - individual autonomy.Paper main body. As it is known, liberalism is a dynamic system that responds to changes in social life and is transformed according to the new reality. Liberal concepts of the thinkers of that time give us the opportunity to realize what freedom, equality and human rights are inviolable condition for the individual existence of human being, laying the values and guidance in the legal consciousness of a person and promoting an individual’s recognition of law as the main regulator of social relations, aimed at protecting and strengthening the autonomy (which directly is an ideal basis for development of a legal personality).Conclusions of the research. Thus, the abovementioned allows us to understand the significance of liberal ideas for building a modern ideal model of legal personality, formed on a combination of the spiritual and legal ideals and values. The importance of the concepts of representatives of Russian liberalism is determined by existence of: 1) the idea of equality, which in turn becomes a conceptual basis in shaping of legal personality (after all, the basic values help to reveal the inner depth (essence) of the personality, thereby reducing it to the level of subject, on whose existence law is focused.); 2) the idea of the presence of appropriate freedoms in personality (freedom is revealed as the spiritual foundation of not only the personality, but also society) and natural rights. Rights in turn, act as a form of social relations and independent personalities, behavior and interaction of which is subject to the general rules. Independence of subjects in relation to each other and their joint subjecting to common standards define the content of the legal form of freedom.

Формування інституту електронних доказів у кримінальному процесі України

Author(s): A. V. Stolitnii,I. H. Kalancha / Language(s): Ukrainian / Issue: 146/2019

In this article, we investigate the phenomenon of "electronic evidence" in the criminal proceeding of Ukraine. We conducted an analysis of the statements of scientists and determined that there is no unity in the approaches to the definition of the phenomenon under study. In addition, scientists do not have a common position as to which place the "electronic evidence" takes in the system of procedural sources of evidence. We highlighted the actual problem, which consists in the artificial formation of the Institute of "electronic evidence" in the science of the criminal proceeding. We also express disagreement with the position of the economic procedural, civil procedural and administrative procedural legislation of Ukraine, which separate "electronic evidence". We substantiated our statement with the fact that scientists cannot apply such characteristics as the form of fixing information, the characteristics of the medium of the information or the way of reproduction of data, in order to separate a new source of the evidence. We have analyzed the criminal procedural legislation of European states. They shows the absence of a pan-European practice of legislative consolidation of the institute of "electronic evidence". We notes in the article that the source of information transformed into the evidence by addition to a particular criminal proceeding. This occurs through procedural fixation, in accordance with the CPC of Ukraine. Consequently, the final format of evidence, including the electronic, depends on the nature of the source of information, and on the procedural design, to the same extent. The four sources of evidence may have an electronic form, taking into account the current criminal procedural legislation and current conditions. We conclude that the term "electronic evidence" should be exclusively a theoretical category. We also argue that the institute of "electronic evidence" is artificial and it cannot substitute the electronic form of the fixation of the evidence. We have determined that because of the development of information technology, we can created the electronic information, which will give us the need to expand the sources of evidence - for example, add electronic ones. This will require that we make changes to the criminal procedural law, and that we make a clear distinction between the electronic sources of evidence and the fixation of the evidence in electronic format.

ФОРМУВАННЯ НАЦІОНАЛЬНОЇ ІННОВАЦІЙНОЇ СИСТЕМИ - СТРАТЕГІЧНИЙ ПРІОРИТЕТ РОЗВИТКУ УКРАЇНСЬКОГО СУСПІЛЬСТВА

Author(s): Galina Pavlivna Klimova / Language(s): Ukrainian / Issue: 4/2018

The article analyzes the essence of an innovative society and the conditions for its formation. Varieties of innovative systems that exist at the macro, meso, micro, and local levels are considered. The content of the main theoretical and methodological approaches to understanding the essence of the national innovation system is discussed. The peculiarities of the national innovation system are analyzed. Consider the conditions of its origin and development. The role of the state in its formation is analyzed.Problem setting. One of the global characteristics of our time is the approval of innovative development as the dominant mode of social renewal, the formation of an innovative society that is not just open to innovation. It constantly generates innovations of various types and levels. Its functioning depends entirely on the speed of the introduction of new knowledge into all spheres of public life. Such a society is characterized by the growing dynamics of complex social transformations due to the intensity of development and widespread social progress. It deals with the continuous practical implementation of new ideas, inventions in the form of innovative products of labor or technologies for their creation, methods of organization and management of production to improve all qualitative and quantitative economic and other social indicators at both micro and macro levels.Recent research and publications analysis. In the scientific literature, the problems of the formation of the national innovation system are widely discussed. They are at the center of attention of well-known scholars (S. Glazyev, E. Bistritsky, I. Koval, S. Krylov, M. Mikhalchenko, L. Musina, A. Popovich, S. Prolyev, M. Rogoz, O. Starovoit, and others.). Paper objective - to provide theoretical and methodological analysis of the essence of the national innovation system, to consider the conditions of its origin and development, to analyze the role of the state in its formation.Paper main body. The formation of an innovative society is a long and complicated process, supported by the following factors: 1. consistent and long-term innovation policy of the state, with well-defined goals and objectives;2. rational use of existing innovative potential as a foundation for implementing innovation policy and the formation of an innovative society;3. strengthening cooperation between research, education and production sectors;4. targeted support of the most important areas of research and development;5. commercialization of innovations;6. attraction of foreign investments of transnational corporations;7. continuous study and implementation of best international experience in the innovative development of the economy of society as a whole As the experience of industrialized countries shows, the formation of an innovative society starts with the formation of a national innovation system geared towards obtaining and using new scientific knowledge, promoting the development of advanced technologies, research and development, and improving the quality of human capital. The Organization for Economic Cooperation and Development (OECD) defines an innovation system as a set of private and public sector institutions that individually and in collaboration provides the development and dissemination of new technologies Innovative systems are diverse. Summarizing the points of view in the scientific literature, one should highlight the innovative systems that exist at the macro, meso, micro, and local levels. At the macro level, we are talking about the global innovation system, international and transnational systems that are its components, as well as the national innovation system (NIS). On the meso-regional highlight regional innovation systems, at the micro-level - industry (cluster) innovation systems, and at the local level - the innovation system of a particular enterprise.National innovation systems of individual countries differ significantly from one another, which is manifested in the choice of priorities and objectives of innovation development, mechanisms of interaction between the private and public sectors, the importance of large and small businesses, the ratio of fundamental and applied research and development, the dynamics of development and the sectoral structure of innovation activity. Accordingly, in the world practice, several basic models of national innovation systems are distinguished: the European-American, Japanese, South-East Asian and alternative innovation system.As the world experience shows, the main role of the state in the formation of national innovation systems is to stimulate the activity of the entrepreneurial sector in the development of innovative products and the financing of innovation activities.Conclusions of the research. The most important direction of stimulation of innovative processes abroad is to provide tax privileges to scientific organizations, as well as enterprises and investors. This allows the state to stimulate innovation activity in priority sectors, to influence not only the structure and number of scientific organizations, but also the structure of production.

ФОРМУВАННЯ ПРИРОДНИЧО-НАУКОВОГО СВІТОГЛЯДУ У МАЙБУТНІХ УЧИТЕЛІВ ХІМІЇ І БІОЛОГІЇ В КУРСІ ФІЗИКИ

Author(s): A. Sylwestr / Language(s): English,Ukrainian / Issue: 1/2015

The article discusses the concept of natural science and philosophy proves its formation at physics lessons for the future teachers of chemistry and biology. That’s the basic laws and phenomena which related to physics course there are some special disciplines, students studying non-physical specialties of pedagogical universities. Therefore, natural science worldview includes the most important achievements of various fields of science, which naturally integrated education in a single cycle of the fundamental disciplines, focused on interdisciplinary communication and united by a common objective function, the object of study and methodology of construction of the content.

Формування суддівського корпусу в Європейському Союзі: останні тенденції

Author(s): T. Komarova / Language(s): English,Russian,Ukrainian / Issue: 141/2018

The effectiveness of the functioning of the judiciary in the European Union depends on many factors,among which the way of formation of judicial office, namely the appointment of judges and Advocates General of the Court of Justice and of the General Court, should be highlighted. In this regard, the article explores the procedures of formation of the judicial office in the EU and the procedural innovations that have emerged after the Lisbon reform. Prior to the reform, judges and Advocates General were appointed by common agreement of the governments of the Member States and this process was of a closed nature,since the nomination of candidates belongs to the internal competence of the Member States. After the Lisbon changes, the appointment takes place only after consultation with a special panel that makes a conclusion on the suitability of the candidates. Despite the fact that the conclusions of the panels are of are commendatory character, the Member States follow them and, in the case of a negative opinion, remove the candidate from the ballot. Separately, the criteria for evaluating candidates are considered, of which the panel distinguishes six main ones: the candidate’s ability to legal analysis, professional experience, the ability to perform the duties of a judge, language abilities, the ability to work in a team in an international environment in which several legal systems are represented and concerning impartiality, fairness and honesty of the candidate. A new stage of consultation with the judicial selection panel has shaped the trend towards democratization of this process and bringing it closer to pan-European standards. This allowed the author to state that the process of forming the judicial office in the EU has become more transparent and fair, which serves as one of the institutional guarantees for proper legal protection in the Union.

Формування сучасної системи криміналістичних знань

Author(s): Victoria Yaremchuk / Language(s): Ukrainian / Issue: 146/2019

With the rapid development of various branches of science, one may come to the conclusion that we require a new approach to the system of Criminalistic knowledge. Although a few scholars have studied issues related to renovation of the system of Criminalistic knowledge (including R. S. Belkin, V. A. Zhuravel, N. I. Klymenko, V. Yu. Shepitko and others), however, currently there are little to no complex researches on the contemporary system of Criminalistic knowledge in Ukraine. Therefore, the purpose of our article is to provide insights into changes in the system of Criminalistics knowledge. Today, Criminalistics system is undergoing significant changes. In particular, modern scholars write about current trends in development of Criminalistics and suggest criteria for classification of Criminalistic knowledge. This article covers much debated issues relating to changes in the Criminalistics system including the addition of separate branches and subbranches. We have pointed out the differences in understanding of Criminalistics in Ukraine, Western Europe, the USA and the UK. In addition, we have discussed the practical value of incorporation of the latest scientific discoveries in Criminalistics into the Criminalistics structure, namely the use of DNA sequencing techniques in crime investigations and introduction of nuclear forensics, cyber criminology, philosophy of criminalistics, forensic chemistry etc.Thus, changes in the system of Criminalistic knowledge are connected with the development mechanisms of Criminalistics. Today, the hottest topics are limits on expanding Criminalistics knowledge and emergence of new branches and subbranches in the system of Criminalistic knowledge.

ФРАГМЕНТИ О ПРАВНИМ КЛИНИКАМА

Author(s): Miroslav Lazić / Language(s): Serbian / Issue: 40-41/2000

ФРАНЦУСКА ДЕКЛАРАЦИЈА ЉУДСКИХ ПРАВА

Author(s): Dragan Stojanović / Language(s): Serbian / Issue: 29/1989

ФРАНЦУСКА ДЕКЛАРАЦИЈА О ЉУДСКИМ ПРАВИМА И ПОЈАВА ТЕОРИЈЕ ПРИРОДНИХ ПРАВА ЧОВЕКА У СРБИЈИ

Author(s): Miroljub Simić / Language(s): Serbian / Issue: 29/1989

ФРАНЦУСКА РЕВОЛУЦИЈА 1789. И САВРЕМЕНОСТ

Author(s): Dragan Stanimirovic / Language(s): Serbian / Issue: 29/1989

ФРАНЦУСКА РЕВОЛУЦИЈА И МЕЂУНАРОДНА ЗАШТИТА ИНДУСТРИЈСКЕ СВОЈИНЕ

Author(s): Vladislav Đorđević / Language(s): Serbian / Issue: 29/1989

ФРАНЦУСКИ КРИВИЧНИ ЗАКОНИК ИЗ 1791. ГОДИНЕ

Author(s): Dragan Nikolić / Language(s): Serbian / Issue: 31/1991

L'auteur élabore ce thème en trois blocs dans son article. Dans la première partie sont relevées les caractéristiques dominantes du droit pénal français pré-ré- volutionnaire qui possédait tous les signes typiques du droit pénal féodal. Dans la deuxième partie sont donnés les traits essentiels du débat sur le Projet du Code pé¬nal dans la Constituante. La troisième partie englobe les solutions fondamentales du Code: les principes généraux, le système de la punition, les innovations législati¬ves représentant le début de la législation pénale européenne de la nouvelle épo¬que. Ces innovations influenceront (indirectement, par le Code pénal français de 1810) tous les codes pénaux européens du XIX siècle.L'auteur considère l'adoption du Code pénal de 1791 comme une contribu¬tion incontestable et durable de la Révolution française à la construction et à l'éla¬boration de principales notions juridiques et politiques, des idéals et principes des temps modernes. Ce Code se raccorde à la Déclaration des droits de l'homme et du citoyen de 1789 et se base sur la doctrine du droit naturel, ainsi que sur les plus hautes portées théoriques de la pensée juridique et politique de ce temps-là.

Фронтекс в контекста на съвременните миграционни процеси

Author(s): Vladimir Valev / Language(s): Bulgarian / Publication Year: 0

The article presents data and information on migration processes between 2014 and 2018. This period is considered, as this is the time when the migration to the "Old Continent" is the most significant, leading to the emergence of new security challenges across Europe. Attention is drawn to the objectives and tasks of the Frontex European Border and Coast Guard Agency.

ФУНКЦИИ НА КОЛЕКТИВНИЯ ТРУДОВ ДОГОВОР

Author(s): Radostina Ivanova / Language(s): Bulgarian / Issue: 1/2015

This article presents an analysis on the nature of the collective agreement as a legal agreement, which bargains more favourable conditions for one of the parties in accordance with the existing, directly connected labour and social relations. Attention is paid to its precautionary functions as principal form of protection for the employees’ interests. By concluding the agreement it is aimed to reduce the dependence on employer’s sole decisions, determining the labour conditions. The collective agreement also acts as a form of self-regulation on labour, directly associated non-occupation and social security relations. The article offers a further look into the alleviative function for the settlement of regulated relations between the parties as it provides definition of the specifics for the particular employer and economic function. The collective agreement has a very important conciliatory function as a settlement aiming to resolve or avoid a labour dispute between employer and workers, who are part of it.

Функции на конституционния съд при защита на демократичния конституционен ред

Author(s): Evgeni Tanchev / Language(s): English / Issue: 4/2014

Constitutional provisions and legislative norms attribute constitutional courts long lists of powers that are most often identified or regarded as functions. When constitutional court functions are identified with powers although, they vary considerably from country to country in addition to the constitutional review of laws, their jurisdiction might include controlling electoral processes and cancellation of the elections, guaranteeing the autonomy of municipalities, policing the constitutionality of political parties or resolving criminal proceedings against high government officials.

ФУНКЦИИ ПРАВА И ПРАВОВОЙ СИСТЕМЫ ОБЩЕСТВА

Author(s): Aydar Rushanovich Gubaidullin / Language(s): Russian / Issue: 4/2013

We consider the concept and attributes of the functions of a legal system and analyze their peculiarities. Great attention is paid to the integrative function of a legal system, regarded as the most important one since it ensures integrity of both legal system and society in general. We study regulatory and protective functions peculiar to both law and a legal system, as well as the function of legal socialization, the function of value orientation, and the information function of a legal system. We believe that an individual function of law may be included in the content of various functions of a legal system. The functions of a legal system and the functions of law depend on the peculiarities of legal family.

ФУНКЦИИ САМОРЕГУЛИРУЕМЫХ ОРГАНИЗАЦИЙ

Author(s): Liliya Azatovna Sungatullina / Language(s): Russian / Issue: 4/2014

The functional basis of self-regulatory organizations is viewed in the article. The necessity of clarifying and summarizing the statutory functions of SROs is proved. The possibility to consider the functions as a distinctive criterion and essential feature of self-regulatory organizations is shown. The author identifies the shortcomings of the current self-regulation system and points out the existence of institutions that perform functions similar to those of self-regulatory organizations.

Функционална компетентност на българската координационна служба за борба с измамите (АФКОС) в контекста на защитата на финансовите интереси на Европейския съюз

Author(s): Andon Tashukov / Language(s): Bulgarian / Publication Year: 0

Detrimental impact over the implementation of the EU policies and respectively, on the financial resources of the EU and Bulgaria, is caused by infringements of the law. These are the so called irregularities and frauds with EU funds. The report will review the historical reasons which lead to the enhancing of the protection of EU’s financial interests and analyses the functional competence of AFCOS in Bulgaria.

ФУНКЦИОНАЛНА КОМПЕТЕНТНОСТ НА СЛУЖБИТЕ ЗА АДМИНИСТРАТИВЕН КОНТРОЛ НА ЧУЖДЕНЦИ СПРЯМО ГРАЖДАНИТЕ НА ТРЕТИ СТРАНИ, ПРЕБИВАВАЩИ В РЕПУБЛИКА БЪЛГАРИЯ ЗА ЦЕЛИТЕ НА ТРУДОВАТА ЗАЕТОСТ

Author(s): Ivelina Mihova / Language(s): Bulgarian / Issue: 1/2019

The need for labour force necessitates the development of mechanisms for access to the labour market by third-country nationals, taking into account the potential threats of migration to the national security. In Bulgarian legislation the terms under which foreigners may reside in the country for the purposes of employment and the procedures through which they might be granted the respective permits are defined clearly. The role of the services for administrative control of foreigners is essential in this process due to the mandatory requirement for the migrant to have the required residence permit to conduct work. Тhe report looks into the procedures for issuance of different types of documents for residence of persons with the aim of providing access to the labour market, implemented by the Migration Directorate of the Ministry of Interior and the respective sections„Migration” in the regional directorates of the MoI.

Функционални характеристики на дискриминационното правосъзнание на извършителите на полови престъпления

Author(s): Marieta Vidulova / Language(s): Bulgarian / Publication Year: 0

The article is dedicated to the legal and sociological discourse of crimes with discriminatory motives, with the main focus being on the motivation and mechanisms of the executive acts of serious crimes against the personality. The functional characteristics of the discriminatory legal awareness of the perpetrators of gender crimes are examined