scholarly journals METHODOLOGY OF THE STUDY OF THE CONSTITUTIONAL AND LEGAL STATUS OF THE PROSECUTOR OF UKRAINE

2019 ◽  
pp. 33-38
Author(s):  
O. I. Skybenko
Keyword(s):  
Qualitative Analysis ◽  
Legal Status ◽  
Cognitive Activity ◽  
Scientific Research ◽  
Informed Choice ◽  
Scientific Methods ◽  
Historical Method ◽  
System Method ◽  
Conscious Choice ◽  
Definition Of

The article deals with the concept of methodology and types of methods of studying the constitutional and legal status of the Prosecutor’s Office of Ukraine. The works of such authors are analyzed: VS Babkova V.O. Bonyak, IV Vernidubova, L.P. Zhuk, A.E. Konversky, O.V. Krushelnytska, A.Yu. Oliynyk, O.F.Skakun, F.O. Chmilenko The philosophical, general theoretical, constitutional aspects of methodology and separate groups of methods are investigated. The specific types of methods of research of the constitutional and legal status of the Prosecutor’s Office of Ukraine are analyzed. In the framework of scientific research an analysis of the use of the following methods is carried out: 1) dialectic method; 2) system method; 3) historical method; 4) formal-logical methods of research. The application of these methods will provide a qualitative analysis of the study of the constitutional and legal status of the prosecutor’s office in Ukraine in the process of reforming it and will allow formulating qualitative conclusions, proposals and recommendations. The author’s definition of the methodology and methods of study of the constitutional and legal status of the Prosecutor’s Office of Ukraine is proposed. The methodology of the study of the constitutional and legal status of the Prosecutor’s Office of Ukraine in the context of its reform is the doctrine of scientific methods of knowing the constitutional and legal status of the prosecutor’s office of Ukraine, which includes a system of general approaches, principles, methods, methods and means of such knowledge, conditions and preconditions for cognitive activity, including philosophical-ideological and methodological analysis for the purpose of scientific research of the most informed choice. The signs of the methodology of the study of the constitutional and legal status of the Prosecutor’s Office of Ukraine in the conditions of its reform are: 1) the doctrine of scientific methods of knowledge of the constitutional and legal status of the Prosecutor’sOffice of Ukraine; 2) a system of general approaches, principles, methods, methods and means of knowing the constitutional and legalstatus of the Prosecutor’s Office of Ukraine; 3) the combination of knowledge and activities, as conditions and prerequisites for thecognitive activity of prosecutors, including philosophical and ideological and methodological analysis, transforming their activitiesinto means of conscious choice and scientific research. Conclusions and recommendations are given.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

scholarly journals Written Explanations of the Russian Tax Law

2019 ◽  
pp. 145-154
Author(s):  
Igor Dement’ev
Keyword(s):  
Legal Status ◽  
Functional Method ◽  
Theoretical Description ◽  
Tax Law ◽  
Instrumental Approach ◽  
Scientific Methods ◽  
Tax Legislation ◽  
New Knowledge ◽  
Definition Of ◽  
Written Explanations

The article is devoted to the theoretical description of the interpretation of the norms of the tax law and the definition of the legal status of written explanations of the tax legislation, their place in the mechanism of legal tax regulation. The purpose of the article is to confirm or refute the following hypothesis: written explanations of the tax legislation – an act of official interpretation of the norms of the tax law and mandatory for subjects of tax law enforcement. Methods: the methodological basis of the study was a set of methods of scientific knowledge. Genera l scientific (dia lectics, ana lysis and synthesis, abstraction and concretisation) and private scientific methods of research (formal-legal, comparative-legal, technical-legal) were used. To obtain new knowledge, the author also used the systemic and instrumental approach, empirical methods of description, comparison; methods of analogy, abstraction and the structural-functional method.

Methodological problems in developing a unified theory of the firm

2021 ◽  
Vol 20 (2) ◽  
pp. 379-392
Author(s):  
Tat'yana A. SUBTSEL'NAYA
Keyword(s):  
Complex Structure ◽  
Theory Of The Firm ◽  
Economic Science ◽  
Unified Theory ◽  
Social Functions ◽  
Scientific Methods ◽  
Historical Method ◽  
Theoretical Approaches ◽  
Deductive Method ◽  
Definition Of

Subject. The article addresses the transformations in the field of modern economic science. They have led to a number of changes in theoretical approaches to company analysis, which need to update the research methodology and revise the existing theories of the firm. Objectives. The aim of the study is to identify and analyze methodological difficulties, preventing the formation of a single theory, on the basis of existing approaches to understanding the nature of the firm. Methods. The study employs general scientific methods of cognition, like the inductive and deductive method, the method of scientific abstraction, methods of comparison and analogy, the historical method. Results. The paper reviews and systematizes the main theories of the firm. The review demonstrates that the firm is a complex structure. It is difficult to perform a meaningful analysis within one theory. Conclusions. The modern theories of the firm partly reflect the demands of the economic science and practice regarding the definition of the essence of the firm, its main objectives and social functions, however, there have been no trends in integrating the theories and creating a unified theory of the firm.

scholarly journals On the Application of Information Audit for the State Public Audit

2021 ◽  
Vol 11 (3) ◽  
pp. 36-46
Author(s):  
Ye. A. Chegrinets
Keyword(s):  
Public Management ◽  
Legal Status ◽  
Financial Control ◽  
Scientific Methods ◽  
The Public ◽  
Public Resources ◽  
General Scientific ◽  
Analytical Research ◽  
Basic Approaches ◽  
Definition Of

The paper analyzes methodological approaches to the implementation of information audit by public audit institutions. The aim of the research is to analyze instruments of the traditional information audit developed as a part of information management theory and to make propositions on its basis on the creation of methodology of information audit as a form of public audit. It is based on general scientific methods, including comparative analyzes. The article substantiates the necessity for public audit institutions to conduct information audit due to the key value of information and information resources for the legality and efficiency of the public resources' management. The authors analyze basic approaches to the definition of the traditional information audit and its instruments. Based on this the authors made a conclusion that such general approach could be used for the purposes of public audit with necessary amendments due to specific aims of this type of public financial control, legal status of public audit institutions and position of auditees in the public management system. The study defines basic stages of the information audit conducted by public audit institutions and unique characteristics of its aims due to their interrelations with the tasks of audits and analytical research performed by such bodies. The paper also proposes basic instruments for the data collection as well as a general approach to interaction between auditors conducting information audit, auditees and other stakeholders.The practical results of the research are relevant for the introduction of information audit instruments into the practice of public audit institutions and for the development of applicable methodological documents.

scholarly journals Financial law enforcement acts in Poland

2018 ◽  
Vol 2 (3) ◽  
pp. 19-28
Author(s):  
E. Ruskowski
Keyword(s):  
Public Finance ◽  
Law Enforcement ◽  
Scientific Methods ◽  
System Method ◽  
Starting Point ◽  
General Scientific ◽  
Administrative Courts ◽  
Definition Of ◽  
The Individual

The subject. The paper is devoted to the classification of financial law enforcement acts issued in Poland.The purpose of the paper is a typological analysis of the financial law enforcement acts in Poland depending on the subjects who issues such acts.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method made it possible to regularize a set of financial law enforcement acts, taking into account the subjects of law enforcement in Poland. The functional approach made it possible to identify the types of financial law enforcement acts, depending on their role in the system of law enforcement in Poland.The main results and scope of their application. The definition of the financial law enforcement act is proposed. Classification of subjects of financial law enforcement in Poland is carried out, their powers are covered and characteristics of the individual legal acts issued by them are al-located. The proposed qualitative analysis of law enforcement acts adopted in Poland may be-come a starting point for research in the field of financial law theory and comparative law.Conclusions. A financial law enforcement act is an act issued on the basis of the current rules of financial law by the authorized bodies, establishing or determining – in respect of an individual addressee – the rights and (or) obligations in a particular case in the field of public finance, or preparing their establishment or determination.The subjects applying the norms of financial law, can be divided into: bodies of financial ad-ministration, the courts (primarily administrative courts) and quasi-judicial bodies (e.g. the Commission, considering cases of violation of discipline of public finance). The first group of bodies issues decisions and orders (financial and legal acts), the bodies of the second group issue court decisions and court orders, the bodies of the third group issue decisions.The role of administrative courts in the financial law enforcement is significant. Significant number of financial cases, particularly concerning individual interpretations, in the total number of cases considered by such courts is an evidence.

On the improvement of pre-trial dispute settlement in the criminal procedure of the Republic of Kazakhstan

2021 ◽  
Vol 7 (3A) ◽  
pp. 608-615
Author(s):  
Baurzhan Smatlayev ◽  
Meiram Ayubaev ◽  
Svetlana Baimoldina ◽  
Indira Saktaganova ◽  
Sholpan Ormanova ◽  
...  
Keyword(s):  
Research Methods ◽  
Legal Status ◽  
Dispute Settlement ◽  
Scientific Research ◽  
Scientific Methods ◽  
Legal Study ◽  
Legal Proceedings ◽  
Legal Nature ◽  
Special Scientific ◽  
The Republic

This article presents a comprehensive theoretical and legal study of the legal nature, legal conditions, principles, the specifics of mediation, the legal status of a mediator in the Republic of Kazakhstan, and the specifics of criminal procedural norms regulating the activities of a mediator. Conducting the research, the authors applied the following general and special scientific methods of cognition: the analysis of legal acts regulating mediation, observation, systematic and logical approaches, as well as specific scientific research methods, formal legal and historical legal methods, the research of leading international and Kazakhstan scientists who have studied this issue. The authors proposed the following improvements: to consider the possibility of normative regulation of the reconciliation of the parties at the pre-trial stage; to develop a methodology for determining the voluntariness of the victim’s agreement; the prosecutor’s explanation of the application of the institution of parties’ reconciliation; and the participation of the lawyer in the recon-ciliation of the parties in the criminal legal proceedings.

scholarly journals The peculiarities of teaching the language of learning to foreigners at the third level of higher education

2019 ◽  
Keyword(s):  
Higher Education ◽  
Foreign Students ◽  
Cognitive Activity ◽  
Scientific Research ◽  
Scientific Work ◽  
The Third ◽  
Oral Speech ◽  
Education Report ◽  
Communication Needs ◽  
Definition Of

The article highlights the peculiarities of teaching the language of learning to foreigners at the third level of higher education, which involves obtaining certain knowledge, skills, sufficient for conducting scientific research while taking a post graduate course. The communication needs and specificity of cognitive activity of graduate foreign students have been described. Teaching the language of foreign graduate students is based on the study of scientific speech, which serves the field of modern scientific activities and serves to convey objective information about the world around. The specificity of the scientific style of speech is determined by the peculiarities of the way of thinking under lying this functional style and the peculiarities of communication in the scientific sphere, the characteristics of which are objectivity, uniqueness, clarity, accuracy, logic, which can be the hallmarks of style at all its linguistic levels. Features of the scientific style of speech at the lexical and syntactic levels (deaganality, polyproposability, complexity of syntactic structures) have been considered. The genres of scientific speech (articles, dissertation, abstracts, abstract, annotations in written and oral speech speeh) and types of texts on the basis of which the training of the professional language of the specified contingent of students have been conducted. The place of abstract reading in the system of language teaching of post graduates have been considered. Abstract reading combines research and information activities and is the main type of reading while conducting scientific research, since it is directly implemented during the scholar's current state of the subject under study, the definition of a range of outstanding issues, and helps producing an informative message about the course of his own scientific work. The content for all education (report, participation in discussions) and written (writing informative and indicative abstracts, annotations, summaries, compilation of bibliographic description and list of literature) of speech at the third level of higher education have been described.

scholarly journals ОСОБЛИВОСТІ ТИПОЛОГІЇ ДОМАШНЬОГО ТЕКСТИЛЮ У ДИЗАЙНІ СУЧАСНОГО ІНТЕР’ЄРУ

2019 ◽  
pp. 95-106
Author(s):  
С. Г. Пашукова ◽  
М. В. Колосніченко ◽  
Н. В. Остапенко ◽  
О. О. Слітюк
Keyword(s):  
Analytical Methods ◽  
Information Sources ◽  
Scientific Methods ◽  
Historical Method ◽  
Cultural Approach ◽  
General Scientific ◽  
Balance Development ◽  
Definition Of ◽  
Textile Products

The article concerns the research of stylistic, artistic and compositional, constructive and decorative features of home textile elements (on an example of decorative pillows) in the context of a compositional balance development of modern interior. A complex of general scientific methods has been used. They include analytical methods for studying information sources; system-based structural ones for revealing the essence of home textile products, which contributed to the definition of its individual elements typology; complex historical method for studying the origins and process of forming decor objects; visual and analytical ones for the analysis of material and technical components of decorative pillows and cultural approach.

scholarly journals LEGAL STATUS OF THE COURT SESSION SECRETARY IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
pp. 55-66
Author(s):  
Kateryna Kutsenko ◽  
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Legal Protection ◽  
Civil Servants ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Impact

The scientific research is focused on the legal status of the court session secretary in civil and administrative proceedings. The purpose of the article is to determine specific features of the legal status of the court session secretary. The objective of the research is to develop recommendations for amending the current legislation to improve the legal status of the court session secretary. The methodological basis of the research constituted general scientific and special legal methods of cognition. The author has used the method of philosophical dialectics among the general scientific methods, which is revealed through the methods of analysis and synthesis, ascent from simple to complex, from abstract to concrete, modeling, abstraction, idealization and formalization. The special legal methods used in the research combine systemic, theoretical and legal, formal and dogmatic, comparative and legal methods of cognition, as well as the method of state and legal modeling. The norms of legislative acts and by-laws regulating the legal status of this official have been analyzed. The author has defined specific features of the legal status of the court session secretary related to the public service, belonging to the court administration, place and significance in civil and administrative proceedings. Specific features of the legal status of the court session secretaries are to apply the rights and responsibilities of civil servants to them; to appoint them to the position based on the results of the competition; the submission of a declaration of their property status for the previous year before the appointment; to apply restrictions of civil servants and anti-corruption restrictions for them. Remuneration, social and legal protection of the court session secretaries are determined in accordance with the legislation on public service; they exercise their powers within the internal labor regulations established for court staff, they comply with the rules of conduct for court employees and ethical requirements for civil servants in relations with court staff and visitors. Among specific features of the legal status we should name the existence of special grounds for bringing to disciplinary liability, the focus of powers on organizational provision of the case hearing by a judge, the impact of the nature of communication (interaction) of the court session secretary with the participants in the trial on the authority of the judicial power in society, the possibility to file the motion to recuse the court session secretary in civil and administrative proceedings. The author as a result of studying the researched problem has formulated own definition of the “legal status of the court session secretary”. It has been offered to amend the current legislation, which determines the legal status of the court session secretary.

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