scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.


2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.


Author(s):  
Andrei V. Bezrukov ◽  
Andrey A. Kondrashev

The article raises the issue of state sovereignty in a federal state and reveals its legal nature. The authors draw attention to the diversity of approaches to the concept and essence of sovereignty, reveal its correlation with related categories, describe the concepts of unity and divisibility of state sovereignty. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusive possession of state sovereignty by the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the Russian constitutional model explicitly outlines the principle of solid and indivisible state sovereignty spreading throughout the whole territory of the Russian Federation. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation should possess in order for its sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which are the supremacy of federal law over the law of the subjects of the Federation, the inviolability of borders and territorial integrity, the unity of the economic space, fiscal, banking and monetary systems, common army (Armed Forces), the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision on the integrity of state sovereignty of the Russian Federation expressed the Constitution of the Russian Federation and by the Constitutional Court of the Russian Federation, this fundamental principle is not completely ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation that provide for the full state power of the constituent entities of the Russian Federation


Author(s):  
Pinto Mónica ◽  
Kotlik Marcos

This contribution examines the 2008 operation conducted by Colombia against a camp of the Revolutionary Armed Forces of Colombia (FARC) located in the territory of Ecuador. It sets out the facts, the legal positions of both countries, the reactions of other governments in the continent, and how the situation was addressed within the Organization of American States and the Rio Group. It then analyses the operation in light of discussions about the possible exercise of the right to self-defence against non-state actors. The closing section suggests that, although the political cost for Colombia was relatively low, this case contributes to a restrictive interpretation of the right, to self-defence based on the inviolability of territorial integrity.


Author(s):  
Igor Diorditsa

The article proposes to consider the author's results of determining the conceptual provisions for optimizing the areas of administrative and legal regulation of state cybersecurity policy. The content of the current state of state policy in the field of cybersecurity is considered. Theoretical and practical aspects of optimization of legal relations in the field of state cybersecurity policy are analyzed. The interpretation of the state cybersecurity policy of Ukraine is determined – the activity of state and legal institutions to manage real and potential cyber threats and dangers to meet the cyber needs of man and citizen, as well as the realization of national interests in this area. The own vision of directions of the state cybersecurity policy according to the maintenance of a number of regulatory legal acts is offered, namely: directions of the state cybersecurity policy according to the Law of Ukraine «About the basic principles of maintenance of cybersecurity of Ukraine»; directions of the state cybersecurity policy in accordance with the Law of Ukraine «On Fundamentals of National Security of Ukraine»; directions of the state cybersecurity policy in accordance with the Doctrine of Information Security of Ukraine. It is concluded that the priority areas for optimizing state policy to strengthen the administrative and legal regulation of cybersecurity of the state are the following reforming cyber law as a segment of information legislation of Ukraine, especially in terms of not only clearly defining current threats and threats to cyber security, but also mechanisms public policy, including symmetric cyber measures; research on the protection of critical infrastructure from cyberattacks; promoting the development of domestic innovative products that can be used to strengthen the cybersecurity of the state; completion of the implementation of the provisions of the Council of Europe Convention on Cybercrime into national law; optimization of the training system in the field of cybersecurity for the needs of the Armed Forces of Ukraine and other bodies of the security and defense sector of Ukraine; promoting a more active policy of state security institutions to inform the public about cyber threats; promoting the militarization of cyberspace; support for both existing multilateral training sessions on countering cyberattacks on the state information infrastructure, and initiating new types of such training sessions. Key words:cybersecurity, cyberspace, state policy, cybersecurity policy, cybercrime.


Author(s):  
Baurzhan ABZHANOV

The article examines the specifics of the activities of the state and military management bodies of the Republic of Kazakhstan to counter terrorism at the present stage. The necessity of using the Armed Forces in countering terrorism in the context of military security has been substantiated. The interaction of various state structures, power structures and civil society institutions is analyzed.


2020 ◽  
Vol 9 (1) ◽  
pp. 228
Author(s):  
Daria Piddubna ◽  
Illia Karakash

Every citizen has the right to safe natural resources. In Ukraine, this right is fixed at the level of the Constitution of Ukraine and special legal acts. The right to natural resources determines the citizen's right to: land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air. Ecological nature of natural resources is associated with the provision of various types of safety: environmental, energy, water, food, biological, genetic, and in aggregate - national. To implement the above, it is necessary to amend the regulatory framework in Ukraine  on the following positions: responsibility (both from the side of officials and from the side of economic entities); system verification of the state of natural resources; ban on burning stubble, forest strips; strengthening of responsibility for the destruction of water facilities, cutting of plant resources, for the introduction of pesticides, for the implementation of atmospheric emissions and discharges into water objects; introduction of organic farming. The main thing – the issue of environmental friendliness of natural resources is characteristic not only for Ukraine, but also for the whole world. From their status depends on the suitability of life for every inhabitant of the planet, as well as the state of the planet itself.  Keywords: natural resources, an ecological resource, the constitutional rights of citizens, land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air.  


Author(s):  
Konstantin Leonov

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.


2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.


2018 ◽  
Vol 11 (4) ◽  
pp. 109
Author(s):  
Shams El-Din Qassem Al-Khazaleh ◽  
Sayel Mofleh Momani

The implementation of the arbitral award is the final stage of the arbitration process, which is the substance of the arbitration agreement, since the control is based on the principle of the authority of the administration and as it is the focus of this research, the arbitration judgment, as well as the implementation of the arbitral award, will be discussed in addition to the terms of the enforceable judgment, as well as judicial control over the execution of the award to reach the result that the legislator was not successful in organizing methods of appeal by arbitration. The Jordanian legislator adopted the broad concept of executive bonds and then not limited to judgments and decisions, but included official and ordinary bonds and tradable commercial papers. The executive bonds are the documents specified in the law of enforcement or any other law and are the reason for establishing the right to implement execution and Article 6 of the Jordanian Enforcement Law referred to this. In addition, the Jordanian Arbitration Law No. 31 of 2001 approved the implementation of the arbitrators' judgments if the court ruled to uphold these provisions. The focus of our study was to implement the arbitral award as an executive bond and for its specificity as a judgment issued by natural persons with no jurisdiction. Only derive their task from the will of individuals. The parties to the dispute, but the reality that made the arbitration at the present time of the features that make it more acceptable by individuals to settle their disputes from resorting to the jurisdiction of the state, and respect for the legislator and his quest for stability and security made those decisions executive bonds under certain conditions are implemented through them. It is on this basis that this study is divided into sessions and we will address the concept of arbitral award. Then the implementation of the arbitration award and then we will discuss the terms of the arbitral award and enforceable judicial control over it and then move to the conclusion and its recommendations.


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