scholarly journals The Criminological Principles of Crime Prevention in the Field of Physical Culture and Sports of Ukraine

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-25
Author(s):  
Revista Dixi ◽  
Olexandr M. Dzhuzha ◽  
Vitaly V. Vasylevych ◽  
Bohdan M. Telefanko ◽  
Nataliіa E. Filipenko
Keyword(s):  
Crime Prevention ◽  
Spiritual Development ◽  
Preventive Measures ◽  
Legal Regulation ◽  
Physical Culture ◽  
Objective Data ◽  
Crime Commission ◽  
Empirical Information ◽  
Special Part ◽  
Almost All

The purpose of this paper is to examine to what extent the criminological foundation has been established by Ukraine in ensuring it's prevention in the domain of physical culture and sport. Crime commission has been always in the increase in every society even though with the existence of credible principles and sanctions. We all know that in the domain of physical culture and sport experience of all nature of crimes are encountered and this has affected the very existence of this discipline. There is no way we can have an effective recognition of this fields if appropriate measures and not taken in curbing the crime level in the areas. Crime in the field of physical culture and sports covers almost all types of crime of the Special Part of Criminology. The current lack of objective data on state statistics on issues of our interest, and the urgent need to study crimes in the field of physical culture and sports require the development of appropriate conceptual approaches to collecting and summarizing own empirical information, taking into account the tasks of this research and perspectives of implementing obtained results into practical activities of police units. The authors of the article have tried to develop criminological characteristics and prevention of crimes in the field of physical culture and sports. The authors have emphasized the high latency of this type of crime, as well as the methodology of research of this phenomenon; they have revealed the brief characteristics of the criminal’s personality in the field of physical culture and sports. Preventive measures against these crimes have been grounded. Propositions for improving the legal regulation of criminal and legal prevention of criminal encroachments within sports have been provided.tribute to improving the health, physical and spiritual development of the population. 

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

scholarly journals IDENTIFICATION DATA MANAGEMENT: LEGAL REGULATION AND CLASSIFICATION

10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko
Keyword(s):  
Information And Communication Technologies ◽  
Social Relations ◽  
Driving Forces ◽  
Personal Data ◽  
Legal Regulation ◽  
The Internet ◽  
Personal Data Protection ◽  
Protection Information ◽  
Use Of The Internet ◽  
Almost All

The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals REQUEST FOR INFORMATION ON CONNECTIONS BETWEEN SUBSCRIBERS AND (OR) SUBSCRIBER DEVICES

2019 ◽  
Vol 29 (6) ◽  
pp. 801-805
Author(s):  
E.A. Bagavieva
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Telecommunication Systems ◽  
The Russian Federation ◽  
Almost All

The investigative action is a request for information about the connections between subscribers and / or subscriber devices, provided for by Article 186.1 of the Code of Criminal Procedure of the Russian Federation, it is in demand in connection with the development of telecommunication systems and has been successfully applied in almost all categories of criminal cases. The author has analyzed the requirements for such a criminal procedure decision as the decision of the investigator (interrogator) to initiate before the court a motion to obtain information about connections between subscribers and (or) subscriber devices. Errors made by investigators (interrogators) in the preparation of this decision are indicated. The article discusses the procedure for obtaining a permission to conduct this investigative action, reveals the shortcomings of the legal regulation of obtaining information about connections between subscribers and (or) subscriber devices.

scholarly journals The Phenomenon of Digital Labour Platforms

2020 ◽  
Vol 27 (4) ◽  
pp. 217-229
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Trade Unions ◽  
New Technologies ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
Almost All

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FILM INDUSTRY IN UKRAINE AND ITS PROBLEMS

2019 ◽  
pp. 101-106
Author(s):  
K.R. Koroshchenko
Keyword(s):  
Spiritual Development ◽  
Significant Contribution ◽  
Film Industry ◽  
Legal Regulation ◽  
The State ◽  
Legal Assistance ◽  
High Quality ◽  
Quality Product ◽  
The Future ◽  
Global Perception

The article is devoted to the topic of cinema development in Ukraine and the role of state aid in the development of the film industry. Much effort is required to develop cinematography, mainly from the state in the form of material and legal assistance. In order for the film industry to start productive activities, it is beneficial for the Ukrainians who have something to look at, as well as for the state, which will have an income to the state budget. The film industry is an important component of the cultural sphere. Cinema helps the individual to escape from problems, to plunge into another reality. In the 21st century, cinema is not a way to have fun, but a source for the beginning of thinking, analysis, and cognition. The movie industry is a powerful lever for the country’s development. Much effort is required to develop cinematography, mainly from the state in the form of material and legal assistance. To date, the cinema industry in Ukraine needs to solve the existing problems. The main problem is concentrated in the structures that receive state financial aid and misuse it. It is impossible to say that the developed film industry is the lion’s share of the country’s budget. To produce high-quality tapes is beneficial not only for the economy but also for the global perception of Ukraine as a state that is able to move forward in all areas. The development of the film industry is a significant contribution to the spiritual development of the nation, as well as the opportunity for the future international recognition and perception of domestic cinema as another quality product from Ukraine. It is impossible to say that the developed film industry is the lion’s share of the country’s budget. To produce high-quality tapes is beneficial not only for the economy but also for the global perception of Ukraine is a state that is able to move forward in all areas. The development of the film industry is a significant contribution to the spiritual development of the nation, as well as the opportunity for the future international recognition and perception of domestic cinema as another quality product from Ukraine. Keywords: cinematography, film industry, administrative regulation, legal regulation, cinema product, financing.

scholarly journals ECONOMIC AND LEGAL ASPECT OF THE NEGATIVE IMPACT OF OIL AND GAS WELLS ON THE ENVIRONMENT

2020 ◽  
pp. 65-70
Author(s):  
E. Yu. Kamchatova ◽  
A. V. Sedova
Keyword(s):  
Oil And Gas ◽  
Negative Impact ◽  
Legal Aspect ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Existing Problems ◽  
Domestic Legislation ◽  
Abandoned Wells ◽  
Negative Impacts ◽  
Almost All

The negative impact on the environment is carried out from almost all oil and gas facilities. One of such objects are wells of any purpose. The causes of negative impacts on the environment from plugged and abandoned wells were identified in the course of the study. Existing methods and technologies of well liquidation and conservation have been analyzed in the article. Existing problems in the legal regulation of the issue of environmental safety of abandoned wells have been investigated. The result of comparison of the international and domestic legislation on this problem has been presented.

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