Ґенеза розвитку інституту обґрунтованої підозри на українських територіях

Author(s): Mykola Misechko / Language(s): Ukrainian Issue: 11/2021

The article analyzes the historical development path of the institute of reasonable suspicion in criminal proceedings. It is established that reasonable suspicion as a procedural institution originates from the investigative form of justice. It is substantiated that the publication of the brief description of proceedings and litigation at the beginning of the XVIII century is the starting point for studying the history of this institution, which in one form or another has been enshrined in the essential sources of procedural law that have operated for the last three centuries in Ukraine.

ЂОРЂЕ ТАСИЋ И ‘ОНТОЛОШКИ РЕАЛИЗАМ’

Author(s): Miroljub Simić / Language(s): Serbian Issue: 32-33/1993

Scientific work of Mr. Djordje Tasic on law and slate is, in addition to other matters, a special reactian to "ontologic realism". Mr. Djordje Tasic warns against danger of fiction, apriorism, substantialism, static and dogmatic logic, according to which legal terms and principles are adequate with reality in an absolute way, and accordinqly, reality is to be completely encompassed and understood.On the example of the interpretation of law, legal person term and problem of the state as a higher sovereign person, the author poin ts out to Mr. Tasic s struggle against, ontologism as an essential feature of his work. It is that real dimension of Mr. Tasic s work that outlives those of his solutions in fundamental questions concerning state and law we do not agree with.

ЂОРЂЕВИЋ ЈОВАН: О САМОУПРАВНОМ И ОТВОРЕНОМ ДРУШТВУ; НОВИНСКА УСТАНОВА СЛУЖБЕНИ ЛИСТ СФРЈ; БЕОГРАД; 1971

Author(s): Dragan Stanimirovic / Language(s): Serbian Issue: 11/1972

ЄВРОПЕЙСЬКИЙ ДОСВІД УКЛАДЕННЯ ДОГОВОРУ ЗБЕРІГАННЯ НА ТОВАРНОМУ СКЛАДІ

Author(s): Anton Demchuk / Language(s): Ukrainian Issue: 27/2015

The article is devoted to the development of relations stored on the warehouse of origin from England to its development in Ukraine. This article analyzes the experience of warehousing in Europe and the legislative provision storage in Ukrainian law. We analyze the concluding a separate contract storage at the warehouse simultaneously with the transfer of warehouse receipts. The necessity of referring to the warehouse receipts securities. Analyzed the following types of warehouse receipts as a warehouse receipt, a simple warehouse certificate and double warehouse certificate. Definitely need to introduced species such securities market turnover.

Європейський досвід щодо митних спрощень економічним операторам при транзитних переміщеннях товарів

Author(s): Yuriy Konovalov / Language(s): Ukrainian Issue: 30/2016

In article concepts of the representative the consignor and authorized goods are opened recipient, are analyzed the European experience of providing customs simplifications to Authorized Economic Operators at the general procedure of transit, and also expediency of implementation of provisions of the legislation of the European Union to domestic the customs legislation is proved.At research of a question in work the following general scientific methods were used: the analysis (for understanding of essence of the representative the consignor and authorized consignee), synthesis and deduction (at first types of customs simplifications to economic operators of the EU, and then in detail types of customs simplifications to economic operators are analysed at the general procedure of transit), abstraction (separation of essential information from insignificant), classification (division and groups of participants of procedure of the general transit for certain signs) and a method of generalization by means of which it was made the general conclusions.In article need of adaptation of the international experience of customs simplifications under modern requirements is proved. It is substantiated that the implementation in activity of the Public fiscal service of Ukraine will allow to create transparent rules of implementation of foreign economic activity, simple, fast and open procedures of customs registration and control of movement of goods through customs border. Materials and practices of article can be used by specialists of State Fiscal Service of Ukraine for the account in work when carrying out merchandising examination.

Єдність судової практики як елемент правової визначеності: підхід Європейського суду з прав людини

Author(s): T.A. Tsuvina / Language(s): Ukrainian Issue: 146/2019

The article is devoted to the analysis of the consistency of judicial practice as an essential element of the legal certainty principle in terms of the evaluative interpretation of par. 1 art. 6 ECHR devoted to the right to a fair trial in civil procedure.The author describes an algorithm which is used by the ECtHR in order to confirm the violation of the right to a fair trial because of the lack of the consistency of judicial practice at national level. In order to identify whether conflicting decisions in similar cases violate the principle of legal certainty in terms of the par. 1 art. 6 ECHR, ECtHR has to find out: a) whether “profound and long-standing divergences” in the case-law exist; b) whether domestic law provides for a mechanism capable of removing the judicial inconsistency; and c) whether this mechanism was applied and, if so, what its effects were.Different types of the inconsistency of judicial practice can be distinguished, for example, inconsistency in practice of lower courts, inconsistency in case-law of the highest court, inconsistency in case-law of different highest courts which are not subordinated to each other. Different standards should be applied for such kinds of divergence: the ECtHR doesn’t analyze the divergence of case-law in the level of lower court, because it’s the higher court which should fix this inconsistency, the main attention should be paid to the divergence of the highest courts. There are two main types of such divergence: a) inconsistency of the case-law of the one and only highest court; b) inconsistency in case-law of several courts which are not subordinated one to another. In first situation the ECtHR applies stricter standards according to which the highest court at the national level should guarantee the consistent interpretation of the law avoiding divergence of interpretation. Nevertheless, in the second situation the ECtHR follows less strict approach according to which inconsistency of case-law of several independent can be tolerated.

ІМІДЖ ОРГАНІВ ДЕРЖАВНОЇ ВЛАДИ ЯК СИСТЕМНЕ ЯВИЩЕ

Author(s): I. Pantelejczuk / Language(s): English,Ukrainian Issue: 2/2014

state authorities The structural analyses of the state authorities image was made and the interconnection among its different elements was defined in the article. The peculiarities of the state authorities image formation issues were highlighted as well as the main directions of the state authorities’ image positive formation were scientifically proved in the article.

ІНСТИТУТ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ЯК ІНСТРУМЕНТ АДМІНІСТРАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ РАЦІОНАЛЬНОГО ВИКОРИСТАННЯ ТА ОХОРОНИ НАДР

Author(s): Y. V. Shulga / Language(s): English,Ukrainian Issue: 1/2013

The author of the scientific article examines the current state of environmental management and protection of natural resources with the needs of present and close future. The analysis of the institute administrative proceedings as a tool of administrative and legal rational use and protection of natural resources. The author proposed to consider that modern legal doctrine of administrative responsibility to some extent goes back to the Soviet concept of administrative law, preserving the number of obsolete provisions and the regulatory framework creates internal dissonance and distortion in its meaningful definition, and in law enforcement dimension (inadequate of qualification act and measure of influencing), which in turn contributes to poor social outcome powerful response to the offense.

Інститут конфіденційного співробітництва у США: організаційно-правовий аспект

Author(s): I. Musienko,Yevgen Grechin / Language(s): Ukrainian Issue: 131/2015

One of the most efficient measures of crime counteraction is timely reporting law enforcement agencies during which a special role is dedicated to persons (informants). They provide assistance to authorized subjects in the sphere of corruption counteraction by giving operative significant information.Thus the article is aimed at the analysis of law enforcement bodies and special services of the USA experience concerning work with confidential sources.The latest tendencies of the US police activities are concentrated on the attraction of citizens to cooperation with police. Such cooperation is efficient in prevention of most hard crimes due to informants' assistance, i.e. people who display desire to cooperate with police.Scientists D. Sunshine and T. Tyler consider that the nature of relations between police and publicity has a great influence on the efficiency of crime counteraction, local citizens' welfare. The authors draw attention to the importance of establishing benevolent relations between police and local population.The given article also reveals the USA law enforcement agencies experience of institute of confidential cooperation using. Using of operative sources of information remains the most efficient tools for detection, suspension, disclosure and investigation of crimes in the whole world.With the aim of achievement of accuracy in terminology it is conducted the identification of different kinds of informants depending on their role and law enforcement institution they collaborate with.Conclusions. Actions in favor of society are a important element of informationship as social institute. The results of conducted analysis testify that the modern understanding of institute of confidential cooperation in the USA is grounded on the following principles:- the object of message is information about any abuses, violations, immoral behavior that may cause significant violations of rights and duties of citizens, damage to society or separate citizens and other public interests;- the motive of moral informant is the protection of public interests durante absentia personal direct interest in the results of investigation of the claim he has made;- informant has to be sure in the truthfulness of information he provides;- the sphere of informationship activity has to be as public as private sphere if its activity can influence the rights and duties of citizens and public interests.Thus the promising trend of further scientific researches has to be analysis of experience of the given problem solving in the other leading countries of international community with the aim of its consideration in domestic practice.

Інститут медіації в Україні (національно-історичний аспект)

Author(s): R. O. Dеnysova / Language(s): English,Russian,Ukrainian Issue: 13/2018

The article attempts to comprehend the willingness of contemporary Ukrainian society to accept and use mediation in their everyday lives, or at least to do the first steps. Concerning the feasibility of introducing a mediation institute in Ukraine, one can briefly note the following: 1) the benefits of mediation for the state are:unloading of the judicial system; unloading of the executive service of court decisions; reduction of corruption; 2) the benefits of mediation for ordinary Ukrainians – saving time and money; the ability of the parties to control the process;opportunity to get a solution that satisfies everyone.Mediation on the path to its development in Ukraine has encountered a number of obstacles of moral, ethical, psychological, economic and legislative nature, the resolution and settlement of which requires some effort from the side of society and from the side of the state. But, analyzing the psychological portrait of Ukrainian society in the historical context, as well as the present realities, it is appropriate to conclude that the method of mediation of disputes has reason to fit into the modern life organically. It is the subjective influence of the institute of mediation, with all its various specific instruments, that can help to overcome the above-mentioned consequences of Soviet vitality, maybe even some adjust the national mentality, to familiarize Ukrainians with world-known and developed ways of alternative dispute resolution and in general help to make them aware of their meaning both in their own and in public life. Objectively, today there is an intensive formation of the normative base (both at the state and local levels) and the ten-year practice of mediation in many conflicts (disputes) is available

Інтерпретація специфіки голосування на основі пропорційної виборчої системи під час загальних виборів глави регіону в Індонезії

Author(s): Zulfikar Ardiwardana Wanda / Language(s): Ukrainian Issue: 12/2017

The journal purposes to examine The Interpretation of Specificity to Voting through Representative System in the General Election of the Head of Region. This study is a legal study conducted through library research, using conceptual and statute approach. The results of the study indicate that the collection conducted through the system of representation in the general election or the general election of the head of region based on customary law or customs and mutual agreement in Yahukimo Regency (Papua Province) and Bali Province is constitutional. With respect to voters exercising their voting right more than once or election represented in a vote based on mutual consent or agreement is constitutional and lawful given that the system or model of election has become a habit and there is Number element of compulsion from the Balinese people applied in The General Election or The General Election of The Head of Region. The General Election of The Head of Region conducted in the Province of Bali in which there are elections represented then it is permissible and legitimate and Numbert contrary to the constitution in accordance with the phrase of legal considerations from decision of the Constitutional Court which states against such things, because it is a habit And has been accepted by each party, as evidenced by the absence of objection from the voting place from each candidate pair. Based on the provision of Article 22E Paragraph (1) of the Implementation of General Election, including The General Election of The Head of Region after entering The General Election regime based on Law Number 22 of 2007 on the Organizer of The General Election and Law Number 12 2008 on Regional Government is implemented in a direct, public, free, secret, honest and fair every five years.

Інформаційно-правове забезпечення сфери агропромислового комплексу України

Author(s): H. S. Ivanova / Language(s): Ukrainian Issue: 38/2019

The article deals with the information and legal support of the agricultural sector of Ukraine. The legal acts regulating this area are analyzed, as well as scientific works on this issue. The author provides own proposals on the possibility of improving the information and legal support of the agroindustrial complex of Ukraine and unique definition of this category.

Історико-порівняльний метод М. М. Ковалевського у контексті структурно-функціонального аналізу

Author(s): D. Shygal / Language(s): Ukrainian Issue: 131/2015

Problem setting: Recent trends of the science of history of state and law development are convincing evidence of the urgent need to improve and put in order all the methodological arsenal that is used. Sometimes the question is raised more radically: historical and legal science immediately needs its own means of scientific knowledge. This is due to the fact that in modern research on historical and legal subject-matter, that is extremely complex, a scientist needs a qualitative methodological tools acting primarily as a guideline in the vast historical and legal space. Comparative historical and legal method is able to be one of those guidelines which main difference from other comparative means of scientific knowledge is a flexible combination of comparative, historical and legal approaches. Despite the fact that this method is qualitatively different from the comparative and historical, and comparative and legal ones they have development history in common. M. M. Kovalevsky is considered to be the scientist who made the most weighty contribution to the working out of that methodological tendency of legal science. The work of this pre-revolutionary researcher in the field of legal comparative study is so fruitful that still remains a subject of attention of various legal disciplines, including the history of state and law science. Recent research and publications analysis: A lot of prominent history scientists and lawyers have repeatedly focused on M. M. Kovalevsky’s historical and comparative method. Furthermore, M. A. Damirli, V. T. Zonov, O. V. Kresin, M. N. Marchenko, N. Nikolaenko, A. H. Saidov, A. O. Tille, E. O. Skrypilyov, I. M. Sytar, G. V. Shvekov and others are among them. At the same time, despite the coverage of the individual elements of M. M. Kovalevsky’s comparative method in the scientific literature, the holistic view of its structure and functions of each of its components is not formed yet. Appropriate research using structural and functional approach is required. Paper objective: The purpose of this scientific paper is the structural and functional analysis of M. M. Kovalevsky’s historical and comparative method by isolating its elements such as the theory, methodology and research technique. As a result, this should allow to debate about the importance of this way of knowledge for the development of law comparative study as the subject matter at hand. Paper main body: In his work «Historical and comparative method in jurisprudence and ways of studying the history of law» M. M. Kovalevsky seeks not only to prove the importance of comparative way of knowledge for research in the field of law, but also provides initial theoretical and methodological reasoning of the new method. In the context of structural and functional approach to the content of M. M. Kovalevsky’s historical and comparative method it is already possible to single out its necessary elements such as the theory, methods and research technique, indicating the scientist’s attempts to develop a certain concept of use of this means of knowledge. In particular, he reveals the theory of his method by setting tasks of building the history of progressive forms development for living together and studying the history of law of one nation or another and also through historical and comparative approaches to their solution. In M. M. Kovalevsky’s work we can also find the principles of the research objectives use which are the basis of his method theory. Methods and technique of historical and comparative analysis subject to the requirement to compare the largest possible number of objects, in the form of legislation, that should belong to peoples which are close in their social development, and are specified in the appropriate practical recommendations. In addition, M. M. Kovalevsky directly indicates the possibility for involving other methodological ways during the comparative analysis to obtain new facts. Conclusions of the research: Estimating the M. M. Kovalevsky’s efforts in the methodology of historical and legal comparative study it should be noted that the attitude to his method in the scientific community is controversial. While agreeing, in general, with a positive appreciation of the M. M. Kovalevsky’s scientific heritage it should be pointed that the scientist first qualitatively tried to develop theoretical and methodological basis for the historical and comparative method in the domestic comparative study. Despite the fact that while theoretically reasoning his own method, M. M. Kovalevsky lacked modern structural and functional approach, but in most cases he was able to aptly describe the individual elements of the theory, methods and technique of the new means of special and scientific knowledge.

Історико-правові засади формування та розвитку законодавства щодо охорони і відтворення об’єктів рослинного світу, занесених до Зеленої книги України

Author(s): A. Kim / Language(s): Ukrainian Issue: 128/2015

This article is devoted to the study of issues related to the study of formation, status and trends of legal support of relations that arise out of protection, use, and reproduction of flora objects listed in the Green Book of Ukraine for the period from 1990 till the present day.

Історичний розвиток та сучасна структура судової системи Німеччини

Author(s): I. Nazarov / Language(s): English,Russian,Ukrainian Issue: 134/2016

In article are analyzed the history of development and formation of modern structure of judicial system of Federal Republic Germany, the factors which have affected kinds of specialisation of courts of Germany, an order of interaction of courts with other state bodies. The historical stages of development in German law and their influence on the formation of the judicial system and the types of ships on Our projects today.Paid the attention to mechanisms of reduction of judicial system of Germany in conformity to uniform European standards and possibility of application of positive experience of the country during judicial reform in Ukraine.

ІСТОРИЧНІ АСПЕКТИ РОЗВИТКУ МЕДИЧНОГО ПРАВА

Author(s): Svyatoslava Yurnyuk,Alla Tkach,Svitlana Savka / Language(s): Ukrainian Issue: 2/2017

Intensification of public relations development stipulates the necessity of legal settlement of various spheres of life and emergence of newest branches of law in the Ukrainian legislation system. An independent branch of medical law available is an important thing both for the whole society and medical workers and patients themselves. The reality of the recent 10-15 years has stipulated the possibility and necessity to isolate it as an independent branch of law. It was promoted by social-economical transformations in our state (concerning public health), theoretical-legislative guidelines (essential attributes available and possibility of medical law existence). In recent decades considerable changes have occurred in medical law in Ukraine. Nowadays during economic and social changes caused by transition from the previous system to socially regulated market economy new kinds of social relations appear requiring legal regulation and their investigation. Thus, the human right for health care and medical aid is guaranteed by the Constitution. Correspondingly, an issue is set in front of our Government to create a separate comprehensive branch of medical law. The issues of juridical support of medical activity in Ukraine have become of a special topicality. Undoubtedly, it is connected with the development of private medical practice, elaboration of normative-legal bases concerning the introduction of general compulsory state social medical insurance, application of advanced medical scientific technology and improvement of management in public health care. The article focuses its attention on the development of the na- tional legal system and formation of a new branch of law in Ukraine – medical law. Scientific-theoretical substantiation of the medical law development and introduction of a separate branch – medical law in Ukraine. Medical law is a branch of science associated with investigation of a number of juridical issues in medical work. This scientific subject should be defined as a package of legal, medical and other postulates revealing the main principles and values of medical law.

ІСТОРИЧНІ ВІХИ СТАНОВЛЕННЯ СТУДЕНТСЬКОГО САМОВРЯДУВАННЯ У БДМУ

Author(s): Nina Zoriy,Alisa Zhukovska / Language(s): Ukrainian Issue: 4/2017

The article explores the socio-pedagogical prerequisites and the main stages in the development of student self-government as a socio-cultural phenomenon and as a special form of initiative, independent public activity of students aimed at solving important issues of life activity of the university, developing social activity, supporting civic initiatives of student youth. During the research a number of general scientific methods were used: historical, descriptive and comparative. With the help of the historical method, the main stages of the development of student self-government, the features of its transformation in the educational space, were analyzed. The descriptive method made it possible to single out and systematize the features of the functioning of bodies of student government at all stages of its development. The application of the comparative method helped to identify the main differences and general characteristics in the structures of student self-government and procedurally provided a comparison of the implementation of the rights and competencies of student self-government bodies. Scientific novelty. For the first time, the main stages of the formation and development of student self-government in the Higher State Educational Establishment of Ukraine «Bukovinian State Medical University» are systematically presented, the understanding of the essence and functions of student self-government in the higher educational institution was deepened, and ideas for attracting students as competent, active and constructive partners in creation and formation of the European Higher Education Area. Conclusions. It is proved that student self-government is a form of self-organization of students, a mechanism for representation and assertion of one's rights, the possibility of self-realization. It is student self-management that is called upon to protect the rights of students and be their representative in the administrations of universities. Student self-government is determined by the law and the real ability of the student community to independently resolve issues within the framework of the current legislation and the university statute. The authors analyzed the development of student self-government in the historical aspect, which made it possible to determine the direct relationship between the essential features of its development and socio-political tendencies in the state.

Історіографія та джерела дослідження правової культури литовсько-польського періоду (XIV – XVI ст.)

Author(s): Olena Malozhon / Language(s): Ukrainian Issue: 4/2011

The article analyzes the historiography and spring base study of legal culture of the PolishLithuanian period (XIV - XVI).

ЈАВНЕ ИЛИ ОПШТЕ ДРУШТВЕНЕ ПОТРЕБЕ

Author(s): Srđan Golubović / Language(s): Serbian Issue: 32-33/1993

Public or general social needs take important place in the structure of human needs. Those are needs the satisfying of which secures normal functioning of state organs, that is those activities the "products" of which appear as object of the general social standard. Goods by which those needs are met are accessible to every member of the social sommunity (classical general needs) or to wider set of users (accepted needs) independent of their abilityto pay.One of the conditions of the adequate meeting public needs is establishing consistent system of social financing. Starting from the concept of public needs in developed market economies, in Yugoslavia at the beginnngof 1990's there has begun the process of establishing public needs system which is to de adaptable to market economy conditions.

Януш Kорчак – класик на европейската педагогика на детството, предвестник на правата на детето

Author(s): Barbara Smolińska-Theiss / Language(s): Bulgarian Issue: 9/2018

Children`s rights are not only with a legal but also with a pedagogical character. They take into account not only children`s specifics but they also bear educational messages. Janusz Korczak who is considered as a herald of the children`s rights has special merits in this respect. His idea regarding the children and childhood, which was exposed almost one hundred years ago, is reinvented again today and it is decoded as “pedagogical spirit” of the Convention of the rights of the child.