scholarly journals FOREIGN EXPERIENCE OF MILITARY COURT FUNCTIONING AS A CONDITION OF GUARANTEE OF THE CONSTITUTIONAL RIGHT OF MILITARY SERVICES

2019 ◽  
pp. 24-27
Author(s):  
B. M. Shamrai

The article examines the experience of military courts functioning in guaranteeing the right to judicial protection to military personnel in foreign countries of the world. The countries in which the military courts operate are highlighted and the activities of these courts are analyzed in countries such as: United States of America, United Kingdom and Federal Republic of Germany. It has been found out that the presence of military courts in foreign countries is conditioned by the fact that military personnel as persons with special legal status are subject to military law in addition to general law. It has been established that the protection of the rights and freedoms of servicemen in the leading countries of the world through judicial protection is becoming more and more universal, which is explained by the high degree of democratic trial and based on the principles of court independence, transparency and openness. The analysis of the national legislation, first of all, of the Constitution of Ukraine and the Law of Ukraine «On Judiciary and Status of Judges» of June 2, 2016 № 1402-VIII and considered the feasibility of functioning during a special period under the conditions of the operation of the United Forces in the system of judicial system of Ukraine military courts whose competence will be to hear cases in criminal proceedings concerning war crimes committed by military personnel, which will facilitate the practical implementation of the guarantees of the rights and freedoms of military personnel and maintaining law and order in the troops. It is established that for the effective implementation of the constitutional right of military personnel to judicial protection, especially during the special period and increasing the number of the Armed Forces of Ukraine and other military formations, the positive experience of the leading countries in which the judicial authorities act as a real guarantor of the protection of rights and freedoms is essential military personnel whose experience can be applied in Ukraine. On the basis of the conducted research the author emphasizes that military courts are a real guarantee of protection of the rights and freedoms of persons who pass military service and the possibility of applying foreign experience in Ukraine.

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Damir Kh. Valeev ◽  
Anas G. Nuriev ◽  
Rafael V. Shakirjanov

The implementation of the constitutional right to judicial protection is an important guarantee for participants in legal relations in case of violation of the rights of one of the parties or a threat of violation of the rights of participants in legal relations. Judicial protection is of particular relevance for the participants in legal relations, who do not speak the languages in which the administration of justice is carried out. Within the framework of this article, the authors analyze indicators that are designed to, on the one hand, signal on the current state and existing possibilities of implementing the constitutional right to judicial protection in the state languages of the subject of the Russian Federation (statistical function), and, on the other hand, determine growth drivers that can provide language guarantees for the territory of our state, which is defined as a democratic federal legal state according to Art. 1 of the Constitution of the Russian Federation. Within the framework of this article, three indicators are highlighted and analyzed: 1) existing legal potential for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 2) analysis of the practical implementation of the opportunities currently available for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 3) determination of growth points in the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation


2020 ◽  
pp. 118-127
Author(s):  
Oksana CHEBERAKO ◽  
Oksana HNATYUK

Introduction. Lack of direct investment has recently forced entrepreneurs to resort the other forms of investment, which makes it relevant to study one of these forms – leasing. The rapid development of leasing activities in foreign countries is due to the fact that it is an advanced method of logistical support of business activity. Due to its advantages, leasing gives wide access to advanced technologies and technologies to business entities. Influencing the macroeconomic dynamics in the country, it activates the process of investment and renewal of fixed assets, creates new jobs, promotes the development of the national economy. The purpose is to study the trends of leasing development in the world and to offer the basic directions of introduction of foreign experience in domestic practice. Methods. The historical, analytical, empirical, inductive-deductive, comparative research methods to implement the principle of objectivity of scientific presentation have been used. Results. The article examines foreign experience and legal support for the development of leasing services. Revealed, globalization, specialization, consolidation, the formation of strategic alliances are the modern tendencies of dynamic development of the world market of leasing services. Conclusions. Suggestions have been made on the need to introduce the foreign experience of leasing development in Ukraine through the improvement of the legislative base, its harmonization with international norms, the creation of infrastructure of the leasing services market, the development of the guarantees system and insurance. Leasing items, that increase banks’ interest through the system of long-term loans, are substantiated.


2020 ◽  
Vol 11 (1) ◽  
pp. 99
Author(s):  
Mikhail Evgenievich KOSOV ◽  
Aleksandr Victorovich SIGAREV ◽  
Sergey Yuryevich POPKOV ◽  
Ksenia Valerievna EKIMOVA ◽  
Alexander Mikhailovich FEDOTOV

Subject. State support for the country's economy, especially the support for its high-tech sector, is of great importance during a crisis. State guarantees are also one of the key instruments of state support for investment activity in Russia. Significant successful practice of using this instrument has been accumulated in Canada, Spain, the Netherlands, the USA, Turkey, Sweden, and Chile. The world experience indicates that the implementation of projects as public-private partnerships (PPP) leads to the completion of the project on time and in accordance with its budget more often than when implementing the project based on public funding only. Goals. The study is aimed at analysis of the mechanism of state guarantees in foreign countries, the conditions and consequences of their provision. Methods. The research methods include a review of the scientific literature in this area, synthesis and analysis of the information obtained, as well as comparison, formalization, and specification. Results. The practical implementation of state guarantees in foreign countries has been analyzed in the study. The specifics and the possibility of applying the best practices in Russia have been revealed. Conclusion. The fiscal legislation of Russia includes a developed system for regulating the provision of guarantees and establishes the requirements for the application and accounting of state guarantees that are very conservative in accordance with international standards. The application of the world practice in the creation of guarantee agencies in order to support small and medium-sized enterprises can have a positive effect on business activities. The need to diversify directions for the provision of state guarantees with a view to balanced economic development must also be noted.


2021 ◽  
Vol 7 (3) ◽  
pp. 149-162
Author(s):  
A. V. Agapova

In order to develop the "single window" mechanism in Russia, the article analyzes the foreign experience of its application. The analysis of foreign experience in the development and implementation of the "single window" mechanism has shown that the simplification of the customs control procedure not only in the EAEU, but also in many countries of the world, indicates the effectiveness of such a mechanism in terms of documentary control over goods and vehicles of international transportation. It is established that all authorized state regulatory bodies of foreign countries use a single platform for obtaining and processing data on goods and participants of foreign economic activity, which allows linking the work of such state bodies into an integrated system. Such platforms are DAKOSY (Germany), PortNet (Finland), UNI-PASS (Republic of Korea), TradeXchange (Singapore) and ORBUS (Senegal). It was noted that the introduction of the "single window" mechanism in all foreign countries was carried out in stages. In addition, significant funding was allocated from the public-private partnership to create such a mechanism. The problems hindering the development of the "single window" mechanism in the EAEU are identified. The directions of development of the "single window" mechanism are developed taking into account foreign experience. In particular, a model of information interaction within the framework of the "single window" of the Russian Federation is proposed.


Author(s):  
A. Bespalko ◽  
A. Shumeiko

The article discusses the content of the military-social work of the Ukraine Armed Forces as a moral and psychological support component. The functions, tasks and content of military-social work are revealed. The understanding of the military-social work content has been supplemented and expanded. A comparative analysis of the social workers and volunteer activities in the Ukraine Armed Forces and the foreign countries armies was carried out.The specialization of the social worker was marked as a complex of social-legal, economic and vigorous calls, conducted by the state, government bodies, commanders and headquarters of all regions, and all of them, member of the group of services. The military social work main tasks are highlighted: protection of social norms and guarantees of military personnel in accordance with existing legislation; implementation of measures to reduce the social tension of military collectives; research of social processes in military collectives; creation of prerequisites for the formation and maintenance of high combat activity of personnel; adaptation of military personnel to changing conditions, work with families of military personnel. The fact that in the Armed Forces of Ukraine military-social work is primarily informational, advisory in nature, rather than the practical implementation of measures to ensure the social protection of the state's military personnel, has been ascertained.


Author(s):  
Ihor Zhukevych

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.


2020 ◽  
Vol 10 (1) ◽  
pp. 113-127
Author(s):  
Mykola Dumenko ◽  
Dmytro Nosov ◽  
Vitaliy Murashko

This article examines and analyzes the basic directions of development and improvement of the system of manning of the Armed Forces of Ukraine with the sergeants (and other enlisted grades) , based on the experience gained and on analysis of manning systems of the leading countries of the world. In Ukraine, with the onset of the armed aggression of the Russian Federation, the tasks assigned to the personnel services and military commissariats required rapid response and aimed at implementing mobilization deployment of the Armed Forces of Ukraine. 126 To date, the main focus on staffing the Armed Forces of Ukraine is the priority of providing operational (tactical) grouping of troops to contracted military servicemen to accomplish tasks during the operation of the Joint Forces and further readiness of the troops (forces) to repel the armed aggression. At the same time, an important issue to resolve is the recruitment of a professional sergeant (and other enlisted grades) for the military service, with the encouragement of military personnel to prolong their military service. The article describes the reasons that may deter citizens from joining the military service and ways to resolve this issue. Particular attention in the article is devoted to the work of recruiting units, which provide selection for contracted military service using the latest selection technologies and techniques. The importance of the practical activity of the territorial recruitment and social support centers for the instructors of the recruiting and recruitment departments is also considered.


2021 ◽  
pp. 38-53
Author(s):  
Maria RIPPA ◽  
Tetiana TUCHAK

Introduction. In a market economy, the taxation system, determined by tax policy, has a significant impact on the socio-economic processes in the state. In the West, the development of public finance problems has long risen to a height that is unmatched in the world. Modernizing the tax system of Ukraine without Western practice, without comprehension, perception, use of such a unique scientific potential and practical experience is indispensable. At the same time, it is necessary to take into account the real conditions, national interests, historical features of our country and the creative heritage of Ukrainian scientists, the experience of domestic tax practice. The purpose of the article is to study the processes of tax regulation of socio-economic processes in countries with developed market economies, instruments of regulating the influence of the main budget-forming taxes: income tax, value added tax, excise tax and personal income tax in the context of borrowing and adapting foreign experience to Ukrainian realities. Results. The study of foreign experience in tax regulation of socio-economic processes has shown that the EU member states apply regulatory tax instruments, guided by harmonized principles and principles of fiscal solidarity. In European countries, it is permissible to provide VAT exemptions without refunding the tax credit. In the EU, VAT exemptions for small businesses are significant. At the community level, excise tax incentives for energy, alcohol and alcoholic beverages have been defined. Most countries apply them in the form of layoffs, but some in the form of reduced rates. In addition, at the discretion of the government of an EU member state, not all potential preferences may be introduced, so the list of benefits differs significantly from country to country. The unresolved problem of harmonizing the system of income taxation of legal entities does not mean that there is no opportunity to borrow the experience of tax regulation of individual countries. The policy of the governments of foreign countries (especially European ones) demonstrates the desire to exclude as much as possible exemption from income tax, however, the toolkit of investment tax credit and investment discounts, tax holidays, accelerated depreciation, tax-free funds (reserves) and differentiation of rates that have on the development of investment processes and serve to maintain a stable financial condition of economic entities. It is important to emphasize that most countries that differentiate tax rates based on profit margins use a progressive scale. In Europe, there is a tendency to socialize taxation through the introduction of a system of "family" taxation of personal income based on the differentiation of taxpayers by marital status and their actual ability to pay. Conclusions. The analysis of foreign experience of tax regulation of socio-economic development and the possibility of its adaptation to Ukrainian realities is carried out. A significant similarity of the main taxes in European countries that have common political and economic interests, historically interacting in solving global development issues, has been revealed. The mechanisms of the regulatory influence on the social and economic development of foreign countries of such taxes as VAT, excise taxes, income tax, tax on personal income have been investigated. The advantages and disadvantages of using in the world practice of taxation of various tax benefits and preferences, principles of taxation are determined. It has been substantiated due to what regulatory potential of taxes is achieved not only the fiscal efficiency of their collection, but also the leveling of the socio-economic situation of the population and the country as a whole.


All countries of the world, without any exception, are concerned about the existence and the proliferation of such a destructive phenomenon as corruption, which harms the activities of public authorities, weighed down the economy and distorts society's consciousness. In this context, each country introduces its own anti-corruption program, strategy or conducts appropriate policies. In this article, the corruption prevention measures applied by individual foreign countries are considered directly in order to ascertain the possibility of borrowing such experience for Ukraine. The article analyzes the anti-corruption activities of three countries - Finland, Denmark and Sweden. This choice is due to the low level of corruption in the proposed countries. Analyzed the experience of Finland, Denmark and Sweden, we made conclusion that the measures of prevention of corruption implemented in the studied countries, in the majority, coincide with the anti-corruption’s measures in Ukraine. Such measures include, inter alia, the adoption of anti-corruption legislation, the ratification of international treaties, the introduction of public control, the establishment of stricter penalties for the commission of corrupt acts, etc. However, in the studied countries there is a certain feature that decrease the level of corruption - this is the openness of the activities of authority, moral and psychological citizens' denial of corruption , increased transparency and facilitating the involvement of population to the implementation of anti-corruption measures, namely using a number of ethical (for employees) and moral (for the whole of society) principles that stop citizens to commit corruption's acts. It could also be concluded one of the priority basic can influence the reduction of corruption is citizens’ moral and ethical education which Ukraine should strive for.


1986 ◽  
Vol 25 (4) ◽  
pp. 631-647
Author(s):  
Peter Pintz

After the first oil-price shock of 1973, a search for new energy policies was started all over the world. Changing one fundamental concept - that relating to the general development of energy supply and consumption - was, however, out of the question. The pre-1973 trend of development was maintained. The energy elasticities did not change. The old forecasts were still held to be valid and were considered now, as earlier, to be the objectives which a successful energy policy had to achieve. This was considered a prerequisite for high growth rates of GNP and improvements in living conditions, and energy consumption was regarded as an indicator of the level of economic development. Therefore, the focus was shifted to an enlargement of the supply of indigenous energy resources as a substitute for imported energy, so that dependence on foreign countries could be minimized.


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