Some Legal Remedies of Prosecutor’s Supervision over the Legality of Procurement Activities

2021 ◽  
pp. 101-103
Author(s):  
Anna Yu. Marinicheva ◽  
Keyword(s):  
Distinctive Feature ◽  
Effective Means ◽  
The State ◽  
Criminal Prosecution ◽  
Fair Competition ◽  
Legal Relationship ◽  
Legal Remedies ◽  
Legitimate Interests ◽  
The Law ◽  
Administrative Proceedings

Legal remedies of prosecutor’s supervision should be understood as the powers of prosecutors provided for by law, as well as the procedure and form of their implementation. A distinctive feature of the legal remedies of prosecutor’s supervision is that, as a result of their application, there always arises a legal relationship between the prosecutor’s office and the supervised person. The legal remedies of prosecutor’s supervision over the legality of procurement activities are classified according to traditional criteria: remedies aimed at identifying violations in the field of procurement activities – the powers of the prosecutor provided for by Art. 22 of the Law on the Prosecutor’s Office; remedies aimed at eliminating violations of the law – protests and proposals; and remedies aimed at bringing the perpetrators to justice – decisions on the initiation of administrative proceedings and sending materials containing signs of a crime to the criminal prosecution body to resolve the issue of initiating a criminal case. Practice shows that the most frequently used and effective means is the prosecutor’s appeal to the court with a statement of claim. The judicial order is the most effective: it allows fully influencing the offender and ensuring the protection of the rights and legitimate interests of entrepreneurs or the state. The main objectives of the prosecutor’s participation in trials are to ensure efficiency in spending budget funds, broad participation in procurement activities of various entities, fair competition, transparency of procurement procedures, elimination of corruption-generating factors, prevention of violations in procurement activities by procurement participants.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals On Public Interest in a Criminal Procedure

Russian judge ◽  
2021 ◽  
Vol 1 ◽  
pp. 26-30
Author(s):  
Eduard S. Kaminskiy ◽  
Keyword(s):  
Public Interest ◽  
Criminal Procedure ◽  
The State ◽  
Social Needs ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Is Implementation ◽  
Progressive Development ◽  
Legitimate Interests

The article analyzes the concept and content of public interest in criminal proceedings. It is concluded that public interests are social needs recognized by the state and regulated by the norms of law, aimed at achieving public goods, the satisfaction of which ensures the integrity, stability and progressive development of society. The interests of society and the state are protected through a structured system of criminal proceedings, which is public in nature. The basis of public prosecution is criminal prosecution on behalf of the state. The content of public interest in criminal proceedings is: implementation of such a regime of investigation and resolution of criminal cases that allows to protect society from criminal attacks; protection of the rights and legitimate interests of persons involved in criminal procedure; refusal to apply excessive measures of responsibility to persons who have committed crimes, use of alternative methods of resolving criminal law conflicts.

14 Human Rights in Armed Conflict

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
The Individual

This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.

LEGAL SUPPORT OF DEVELOPMENT OF PUBLIC RELATIONS IN THE FIELD OF LABOR

2017 ◽  
Author(s):  
Liudmyla Mashkovska ◽  
◽  
Iryna Kovalenko -Chukina ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Labor Policy ◽  
The State ◽  
Entire System ◽  
The Social ◽  
Modern Business ◽  
Legitimate Interests ◽  
Business Conditions ◽  
The Law

The article analyzes the issues of regularity of development of social relations in the field of labor, and its legal support, highlights the law to work as a subjective right of a person, which creates, first of all, a mechanism for implementing, protecting and protecting the entire system of workers' rights. Freedom of labor should include the possibility for a person to engage in or not to engage in work, and if engaged, to choose freely. Attention is paid to ensuring that everyone enters into labor relations without discrimination to realize their abilities, and regardless of the grounds of labor relations, the state is obliged to create effective organizational and legal mechanisms for labor relations at the level of law, and the absence of such mechanisms employee freedoms. All labor relations should be based on the principles of social protection and equality for all enterprises, institutions, organizations, regardless of ownership, type of activity and industry affiliation, as well as persons working under an employment contract, which, in particular, should be reflected in establishing an exhaustive list of conditions. and the grounds for termination of such relations. Since we are talking about the law to work as a subjective law, as well as legitimate interests arising from this law, the object of protection are subjective laws and legitimate interests enshrined in labor law, which reflect the diversity of labor activities of the parties to the employment relationship. This, in turn, creates a mechanism for the implementation, protection and defense of the entire system of laws of both employees and employers. It is their combination is the main content of the entire system of labor protection in the process of employment, in the process of employment and its termination. Modern conditions in which the state is recognized as social and democratic require that the social approach in law, including labor law, gradually become decisive. The personality of the employee in modern business conditions should play a significant role, relations in the field of hired labor should be reoriented in the social direction, in favor of the employee. Emphasis is placed on the fact that labor policy should be aimed at the active use of legal standards and their further development, taking into account the accumulated legal experience and modern business conditions, which, above all, should be focused on decent work and adequate pay.

scholarly journals The L.I. Petrazhitskiy’s Psychological Theory of State

2021 ◽  
Vol 1 ◽  
pp. 30-35
Author(s):  
Tatyana E. Gryaznova ◽  
Keyword(s):  
Social Group ◽  
State Power ◽  
Psychological Theory ◽  
The State ◽  
Political Organization ◽  
Emotional Experiences ◽  
Mass Behavior ◽  
Legitimate Interests ◽  
Human Psyche ◽  
The Law

According to L.I. Petrazhitsky, the doctrine of the state should be based on the method of introspection (self-observation), as only it allows us to study the emotional and intellectual processes of the human psyche that determine individual and mass behavior of people, including their association in unrelated independent social unions, that include the state. The author considers that the main feature of the state is the presence of power, which interpreted as an emotional projection of legal emotional and intellectual experiences of individuals. According to L.I. Petrazhitsky, the means of legitimation of state power is the unity of emotional experiences of subordinate subjects that form the peoples’ legal psyche. Under the state, L.I. Petrazhitsky means the power-political organization of an unrelated social group, which is an emotional projection of solidary imperative-attributive (legal) experiences of subordinate subjects in order to serve the Law. The significance of this concept lies in the formulation of the problem of the legitimacy of state power, the interpretation of everyday consciousness as a source of external authorities that often prevent the realization and the demonstration of the rights and legitimate interests of citizens, the idea of the official nature of state power in relation to the Law.

scholarly journals Prejudice in Administrative Proceedings

2020 ◽  
pp. 75-83
Author(s):  
Anna Barikova
Keyword(s):  
Common Good ◽  
Evaluation Criteria ◽  
Court Decision ◽  
Judicial Discretion ◽  
Discretionary Power ◽  
Legal Relationship ◽  
The Law ◽  
Compliance With The Law ◽  
Administrative Proceedings ◽  
Legal Fact

The paper addresses the issues of judicial discretion in the application of appropriate preliminary categories for the fair and impartial consideration and settlement of disputes. The author focuses on the peculiarities of applying the prejudice to express contradictions and truth-falsehood, establishment of erroneousness and truth of assessment. The administrative court is to assess a prejudicial relationship between judicial decisions concerning an established legal fact or composition, the consequences or claims arising from the same legal relationship in the original proceedings. Such prejudice applies to the following cases: 1) emergence, change or termination of the main legal relationship in the primary process, affecting the use of prejudicial categories in derivative legal relations in the subsequent process; 2) emergence of a legal relationship not generated by the primary relationship, which contains interdependent substantive legal regulations; 3) recognition of a claim for a conviction due to confirmed preliminary categories by a primary court decision, etc. Direction of assessing the circumstances of the case are dealt with in the paper to establish the facts by comparing the judge’s rules of law and conduct of the parties on the basis of operational rules of law, taking into account «legal issues» (in material/primary and procedural/secondary components). Under the influence of the nature of reasoning, such effective evaluation criteria are formulated as observance of the principles of confidence in law, justice, honesty and morality; standards of reasonableness, impartiality, good faith; political goals of ensuring the common good, security of the state, public interests. Within the procedural discretion when using the preliminary categories, the judge is to fully and impartially investigate the «question of fact» regarding the modelling of scenarios and empirical knowledge of the truth on the levels of probability, conviction, absolute certainty. This subject of evaluation is dependent on previous decisions in the direction of «definitive» interpretation in order to make an unambiguous decision. The author adduces examples of legal positions of the Supreme Court and courts of previous instances on applying preliminary categories in administrative proceedings. It has been identified that the possibility of preliminary categories non-application in case of motivated judge’s disagreement in the way of the «recall» within the subject of consideration of the factual circumstances of the case is to be provided. Deviation from prejudice might be justified if there is a need for a «live» transition of judicial practice to interpretation, filling gaps and open «legitimate» completion of the law. Relevant changes are to be implemented in a natural, gradual and coordinated manner. Procedure for overcoming the legal force of the preliminary ruling of a court decision has been proposed. The universality of a court decision is conditional. The standard legitimate way to reject prejudice is to review court decisions. Such decisions might be reviewed for compliance with the law and validity in their adoption. Confirmation of a judicial error «cancels» the preliminary nature of such a decision. Moreover, if the draft decision contradicts the preliminary categories given in another court decision that has entered into force, it is necessary to review unacceptable legal facts and compositions. For example, these could be procedural abuses, artificial distortion (creation or forgery) of evidence, etc. Key words: discretion, judicial discretionary power, prejudice, falsity, truth, contradiction.

scholarly journals The Peculiarities of Interaction of the Prosecutor, with the Investigation Bodies and the Court in Pre-Trial Proceedings in a Criminal Case

Legal Concept ◽  
2021 ◽  
pp. 49-56
Author(s):  
Yuri Franciforov ◽  
Natalia Solovyova ◽  
Vladimir Shinkaruk
Keyword(s):  
Preliminary Investigation ◽  
Scientific Paper ◽  
The State ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
Interaction Efficiency ◽  
Mutual Relations ◽  
The Individual

Introduction: the paper reveals the peculiarities of the interaction of the court with the officials for the prosecution, who have authority at the stages of initiating a criminal case and preliminary investigation. The paper reveals the types of interaction, as well as the prerequisites for the interaction efficiency between the court and the parties to criminal proceedings on the part of the prosecution, which are based on such fundamental principles of the criminal process as legality, inviolability of the individual, respect for the honor and dignity of the individual and publicity. The interaction of parties to criminal proceedings on the part of the prosecution and the court is carried out through mutual relations conditioned by common tasks, which are based on the principle of publicity, caused by the interests of society and the state, in order to ensure the rights and legitimate interests of the individual, to some extent involved in the criminal proceedings. In this regard, the objectives of the study are: the recommendations for improving the interaction efficiency between individual participants of the prosecution and the court in pre-trial proceedings in a criminal case, the enhancing of cooperation between the subjects of the investigation, the prosecutor and the court, aimed at protecting the rights of persons who have suffered from a crime, as well as the ensuring of the rights of an individual who has been subjected to unjustified criminal prosecution. Methods: the methodological framework for the scientific paper is the methods of scientific cognition, and such general scientific research methods as dialectical, logical, system, structural and functional, and the specific scientific methods, the comparative legal and formal legal methods. Results: in the paper, the authors determine that the interaction of the court, the prosecutor and the investigator contains the following components: purpose, stage and form; sets the criteria for the forms of interaction, in the form of procedural status, purpose, share of responsibility and the nature of legal relations. The paper examines such terms as “relationship” and “interaction”, due to the need to determine their relationship. The authors establish that the relationship of interaction and relationships of parties to criminal proceedings can be characterized as part and general. The highest form of relationship between parties to criminal proceedings is procedural interaction, which forms their stable relationships, gives them the property of stability and productivity. Conclusions: the authors determine that the interaction of the preliminary investigation bodies, the prosecutor and the court is based on the tasks of collecting evidence in the course of criminal proceedings, due to: the need to obtain permission to conduct certain investigative actions and the measures of procedural coercion; the prosecutor’s supervision of the procedural activities of the bodies of inquiry and preliminary investigation; the powers of the court in pre-trial proceedings. The authors come to the conclusion that the main tasks of interaction are: ensuring the legality of the activities of the participants in the interaction; preparing an indictment, a charging document or a determination, for a full, comprehensive and objective judicial review; implementing the protection of the rights, freedoms and legitimate interests of a person and citizen, the interests of society and the state.

Current innovative issues of legal regulation of collection activities

2021 ◽  
pp. 124-128
Author(s):  
Maryna Semenova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Systematic Analysis ◽  
Legal Rules ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Long Time ◽  
The Law ◽  
First Time

Problem setting. At the present stage of development of the national legal system there are a number of conflicting issues and gaps in the legal regulation of collection companies. Prior to the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" the current legislation did not contain clear rules of conduct either for entities engaged in collection activities or mandatory uniform requirements to the ethical conduct and rules of interaction of such persons with the debtor in the settlement of overdue debt. This necessitates a comprehensive and comparative analysis of the legal regulation of economic activity of collectors, which is the purpose of this study. The object of the study is the legal relationship between entities engaged in collection activities and debtors. Analysis of recent researches and publications. Problems of legal regulation of collection activities in Ukraine and determining the nature of financial companies and the specifics of their activities have attracted the attention of researchers for a long time. So M. V. Fedik was engaged in research of this question at different times. [1, p. 107], S. B. Egoricheva [2, p. 117-119], M. I. Dancha [3, p. 52-55], N. V. Mentukh, O. R. Shevchuk [4, p. 58-62], A. G. Zaika [5, p. 169-176], O O. Savchuk, S. V Glibko [6, p. 132-137]. At the same time, the issue of settling the procedure for repaying bad debts by collectors by introducing clear legal rules for their activities and ensuring compliance with the rights of debtors requires further research. The target of research is to determine the changes in the state of collection entities during the settlement of overdue debt, which was proposed by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts". Article’s main body. For the first time a comprehensive analysis of the activities of collectors before the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" and prospects of their activities. On the basis of which conclusions were made on the prospects for the implementation of the law. The research is devoted to the analysis of the state of activity of collectors and changes in the legal settlement of legal relations arising during the settlement of overdue debt, which were introduced by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors debt ". Conclusions and prospects for the development. Thus, in general, a systematic analysis of Law № 1349-IX allows us to conclude that its provisions contain innovative provisions on the legal regulation of business activities of collection companies, which will have positive consequences for settling overdue debts and protect the rights of debtors.

ON THE MODERN UNDERSTANDING OF THE CONCEPTS OF «LEGAL REMEDIES OF PROSECUTORIAL SUPERVISION» AND «FORMS OF IMPLEMENTATION OF LEGAL REMEDIES OF PROSECUTORIAL SUPERVISION»

2021 ◽  
pp. 5-14
Author(s):  
Oleg V. Voronin ◽  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Lower Degree ◽  
Legal Assessment ◽  
Legal Remedies ◽  
Federal Laws ◽  
The Law ◽  
Statutory Regulation

The concepts of "legal remedies of prosecutorial supervision" and "forms of implementa-tion of legal remedies of prosecutorial supervision" have independent content despite the slight crossing. The legal remedies of prosecutorial supervision include the powers of the prosecutor, acts of prosecutorial supervision, as well as the procedure for their implementa-tion, which represents the method for their application. The powers of the prosecutor are understood to be the totality of rights and responsibili-ties of the prosecutor, granted to him by the Law on Prosecutor's Office and other federal laws to perform the functions assigned to the prosecutor's office and to achieve its objectives and tasks. Traditionally, all the powers of the prosecutor are divided into two main groups: general, which are implemented in all directions and special, applied in separate areas of prosecutorial activities. The Acts of the prosecutor's response are documented law enforcement decisions of the prosecutor, containing a legal assessment of the state of the law in each case, as well as the prosecutor’s requests, arising from his authority to ensure the lawful state of the supervised environment. Acts of the prosecutor's response separate acts of prosecutorial supervision, which serve as a form of implementation of exclusively the supervisory function of the prose-cutor's office including protest, presentation and warning. The forms of implementation of legal means are the ways and methods of implementation of legal remedies (powers and acts), as well as the nature of their application. Unlike the legal remedies of prosecutorial supervision, they are characterized by a lower degree of statutory regulation and a more simplified content of the basic elements. There are two forms of implementation of legal remedies – a common and a proactive one. The general form represents such an order where the existence of information about the violation of the law (cause) and objectively existing signs of violation of the law (grounds) is necessary for exercising the powers of the prosecutor and/or to render acts. The proactive form means to exercise the prosecutor's powers and to render acts of the prosecutor's response, regardless of the presence of signals or reports of wrongdoings.

Legal Remedies of Prosecutor’s Supervision in Places of Forced Isolation from Society

2021 ◽  
pp. 93-100
Author(s):  
Oleg V. Voronin ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Prosecution ◽  
Legal Remedies ◽  
Traditional Remedies ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
High Degree ◽  
Goals And Objectives

The concept “legal remedies of prosecutor’s supervision” includes the powers of the prosecutor, acts of prosecutor’s supervision, as well as the procedure for their implementation, which is the methods of their application. The legal remedies of prosecutor’s supervision have a high degree of normative regulation and a more complex content of the main elements. Their implementation is regulated by both the Law on the Prosecutor’s Office and other specific laws. While superficially similar to the traditional remedies of prosecutor’s supervision, they are designed for immediate execution and serve as a form of implementation of the prosecutor’s powers, including the administrative ones. The prosecutor’s powers are understood as the totality of the rights and duties of the prosecutor granted to them by the Law on the Prosecutor’s Office and other federal laws for the implementation of the functions and for the achievement of the goals and objectives assigned to the prosecutor’s office. Traditionally, all powers of the prosecutor are divided into two main groups: general (exercised in all areas) and special (used in certain areas of prosecutor’s activities). Acts of the prosecutor’s response are documented law enforcement decisions of the prosecutor; they contain a legal assessment of the state of legality in each specific case, as well as the requirements of the prosecutor arising from their powers and aimed at ensuring the legal state of the supervised environment. From the acts of the prosecutor’s response, acts of prosecutor’s supervision are separately distinguished; they serve as a form of implementation of the exclusively supervisory function of the prosecutor’s office: protest, presentation and warning. Article 33 of the Law on the Prosecutor’s Office establishes that when exercising prosecutor’s supervision over the legality of compulsory isolation, the prosecutor makes protests and proposals, orders for release, and initiates proceedings on administrative offenses. If signs of a crime are found, the prosecutor sends the investigative jurisdiction materials to decide on the criminal prosecution of the perpetrators. The issuance of special acts of the prosecutor’s response when exercising supervision over the legality of forced isolation is provided for by the Code of Criminal Procedure of the Russian Federation, the Penal Code of the Russian Federation, and the Law on Detention. Special acts include the prosecutor’s resolutions on release from places of compulsory isolation, on exemption from serving illegally imposed disciplinary sanctions, consents and sanctions. In addition, within the framework of these activities, the prosecutor is also guided by the general provisions of the Law on the Prosecutor’s Office and has the right to issue other acts of prosecutor’s supervision and response if there are appropriate grounds.

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