scholarly journals MISSION AND VALUES OF THE PROSECUTOR’S OFFICE IN UKRAINE: TO THE PROBLEM OF DEEP UNDERSTANDING

2021 ◽  
pp. 9-20
Author(s):  
O. Yu. Amelin
Keyword(s):  
Civil Rights ◽  
Social Life ◽  
Deep Understanding ◽  
Public Confidence ◽  
Public Authorities ◽  
Information Tools ◽  
Stage Of Development ◽  
European Standards ◽  
Definition Of ◽  
Commercial Organizations

The article is devoted to the study of the peculiarities of understanding the mission andvalues of the prosecutor’s office in Ukraine, the disclosure of the content of these conceptsat the present stage of development of the institution. Attention is focused on the analysis inthis part of the provisions of the Strategy for the Development of the Prosecutor’s Office for2021–2023.There is a tendency to spread the information tools of commercial organizations amongpublic authorities, in particular the prosecution authorities, and the replacement of previouslyused definitions of “role”, “principles”, “goals” by new borrowed definitions of “mission”,“values”, “vision” respectively.A cursory retrospective review of the formation of ideas about the content of thecategories of “mission” and “values” has been carried out. It has been found out that fromthe position of philosophy values are considered as specific social definitions of objects of thesurrounding world, which reveal their positive or negative significance for man and societyand are contained in the phenomena of social life and nature.Emphasis is placed on the need to unify the values (principles) common to all lawenforcement agencies, since most of them are the only or very close. Strategic documents ofthese bodies should reveal the provisions of the Constitution and the relevant legislation ofUkraine, to specify the latter and not contradict them.It is defined that the basic values for all public authorities, including law enforcementagencies, are: human and civil rights, the rule of law, responsibility and accountability, as wellas professionalism (or professional) and continuous improvement.It is proposed to treat the mission in a broad sense as an existential goal of the organization,an effective manifestation of its nature, sufficiently demonstrative and at the same timeunderstandable enough for the general public.The author’s definition of the mission of the prosecutor’s office, which meets therequirements of the time and takes into account its place in the mechanism of state power,the functional specificity of activity, the priority of approximation to European standards,ensuring openness and transparency, as well as strengthening of public confidence in it, wasformulated.The need for a number of changes in the Strategy for the Development of the Prosecutor’sOffice for 2021–2023 on a more clear and coherent presentation of its provisions on themission and values of the prosecution and details of some of them were noted.

scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

The Changing Law and Law Reform in Ghana

1971 ◽  
Vol 15 (2) ◽  
pp. 132-181 ◽  
Author(s):  
N. A. Ollennu
Keyword(s):  
Civil Rights ◽  
Social Life ◽  
The Body ◽  
Customary Law ◽  
Law Reform ◽  
Social Conduct ◽  
The Common ◽  
The Concept Of Law ◽  
Definition Of ◽  
Social Imperative

Many books and learned articles have been written on African Law within the last two or three decades. Almost every one of them has attempted a definition of law, custom and customary law, as a basis for its particular object. Among these definitions is Elias's adaptation of Goodhart's definition of law; this definition appeals to us as it serves many purposes. That adaptive definition is: “ ‘The law of a given community is the body of rules which are recognised as obligatory…’ This recognition must be in accordance with the principles of their social imperative, because operating in every community is a dynamic of social conduct, an accepted norm of behaviour which the vast majority of its members regard as absolutely necessary for the common weal. This determinant of the ethos of the community is its social imperative.” We would not of course include within the concept of law forms of social conduct which are concerned with the less important aspects of social life, which though well-established, yet pertain only to the sphere of social formalities and when violated, merely excite the displeasure or contempt of society; we are concerned with those norms the violation of which calls for the employment of “sanctions directly affecting the liberty, property, or status of the offender (such as imprisonment, fines or loss of civil rights)”. But we would include also those “concerned with serious business of society, the work that must be accomplished in order to secure and guarantee satisfactory conditions for collective life,” which Edgar Bodenheimer classifies as “customary law”.

scholarly journals European experience of legal regulation of anti-corruption issues in the public sector

2020 ◽  
Vol 5 (5) ◽  
pp. 236-244
Author(s):  
Nataliia Slotvinska
Keyword(s):  
Public Sector ◽  
Social Life ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Public Confidence ◽  
Public Authorities ◽  
The Public ◽  
Official Position ◽  
Course Of Action ◽  
The Right

Elimination, neutralization or restriction of the social preconditions of corruption requires systemic changes in the main spheres of social life, first of all in the functioning of public authorities. Because corruption is a phenomenon associated with the abuse of certain opportunities provided by certain posts or official position of persons authorized to perform state functions, it is traditionally believed that anti-corruption measures should be aimed primarily at such persons. Public confidence and public accountability play an important role in preventing corruption. Preventing and combating corruption cannot be effective without preventive measures in the public sector, an area where those authorized to represent the state perform their professional duties. UN anti-corruption standards in the public sphere provide for the implementation of a set of measures aimed at preventing the commission of corruption offenses. These are, first of all, the require-ments for public officials to carry out their activities on an ethical basis, which can be established in special codes of conduct that help persons performing public functions to choose the right course of action in a situation where there is a high risk of corruption.

scholarly journals TYPES OF MEASURES IMPLEMENTED BY THE NATIONAL POLICE AND THE PLACE OF ADMINISTRATIVE COERCION AMONG THEM

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 79-85
Author(s):  
В. П. Калашнік
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
The State ◽  
General Level ◽  
Public Confidence ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Definition Of ◽  
Justice Restoration ◽  
National Police

The relevance of the article is that the creation of the National Police of Ukraine has become a radically new stage in reforming the law enforcement sector of our state. This central executive body was called not only to ensure the protection and observance of human and civil rights and freedoms, but also to increase the general level of public confidence in the state in general and its law enforcement sector in particular. At the same time, in carrying out their activities, the police implement a number of measures, among which a special place belongs to administrative coercion. The latter, in turn, emphasize the legal relationship between the state and the law enforcement system. Therefore, establishing the place, role and importance of the National Police in the system of law enforcement agencies of the state is of great importance for their proper functioning and efficiency. The article, based on the analysis of scientific views of scientists and the norms of current legislation, identifies the types of measures implemented by the National Police of Ukraine. The content of some measures is revealed. It is stated that in the system of measures implemented by the National Police, one of the key places is given to administrative coercion. The author's definition of the concept of administrative and coercive measures implemented by the National Police of Ukraine is proposed. It is determined that administrative-coercive police measures occupy the main place in the administrative activity of the police, as they provide, in particular: unimpeded preventive measures to prevent offenses; protection of human rights, freedoms and interests, citizens and public order and public safety; cessation of committed offenses; gathering evidence; identification and detention of the offender; bringing perpetrators to justice; restoration of justice in society, etc. Therefore, the more effective the measures of administrative coercion that can be used by the National Police of Ukraine, the better the fight against crime and the more effective the process of crime prevention.

scholarly journals Territorial Public Self-Government as an Element of Political Infrastructure for Secure Development of Municipal Sections in the Conditions of Digitalization

2021 ◽  
pp. 156-163
Author(s):  
E. N. Shchegolev
Keyword(s):  
Political Institutions ◽  
Social Life ◽  
Direct Democracy ◽  
Political System ◽  
Political Process ◽  
The Political ◽  
Public Confidence ◽  
Territorial Development ◽  
Political Processes ◽  
Definition Of

The research is devoted to the topic of forming a political infrastructure for the safe development of municipalities, creating technologies for attracting political infrastructure participants to the development and assessment of alternatives for the optimal development of territories.We set ourselves the goal of showing territorial public self-government as a tool for increasing the openness of political decision-making and public confidence in the authorities, and identifying the transformational potential of digital technologies in the context of territorial public self-government.The methodological basis of the research was provided by such theories as: the information cybernetic model of the political system of K. Deutsch, the theory of the political system of D. Easton, the theory of deliberative democracy by J. Besset, the theory of direct democracy I. Blo, model of monitor (digital) democracy by J. Keane.The main results of this study are the following:1) the author’s definition of the concept of “digitalization” was introduced — this is a process of radical transformation of the interaction of people in all spheres of social life, the implementation of which became possible on the basis of replacing analog (physical) data collection and processing systems with new technological systems that generate, transmit and process a digital signal about your condition. This transformation presupposes the formation of a different outlook of citizens, the use of other methods of management;2) the author’s definition of the concept of “political infrastructure” is introduced — these are the types of connections between the elements of the political system. Different types of ties form various modifications of political institutions, they determine the contours of political communications carried out in the political space, including using various political technologies to influence the behavior of political forces.3) in the context of digitalization, interactive interaction of participants in the political process, the very configuration of the political infrastructure for the development of territories is changing, the political toolkit of dialogue between the authorities and society is changing, implying an increasingly widespread use of technologies to involve participants in political processes in the development and assessment of alternatives for optimal territorial development.

scholarly journals International experience in the functioning of anti-corruption judiciary

2021 ◽  
pp. 112-116
Author(s):  
V.V. Mirgorod-Karpova ◽  
D.V. Murach
Keyword(s):  
The Philippines ◽  
Public Confidence ◽  
Negative Consequences ◽  
Public Authorities ◽  
Corruption Perception Index ◽  
Foreign Countries ◽  
Corruption Perception ◽  
European Standards ◽  
The Relationship ◽  
Very High

The article highlights the experience of foreign countries in organizing anti-corruption proceedings. In particular, the experience of countries such as Croatia, Bulgaria, Indonesia, Uganda, the Philippines and Slovakia was studied. The key features of regulating the activities of anticorruption courts are analyzed and the shortcomings of their activities are presented. The problem of corruption in Ukrainian society and the negative consequences it can lead to are highlighted. Thus, as of 2020, Ukraine ranks 117th in the world in the corruption perception index. This characterizes Ukraine as one of the most corrupt countries in Europe, and, at the same time, points to the cause of the crisis in society today. In our study, we analyzed key errors in determining the jurisdiction and organization of anti-corruption courts in foreign countries, which are likely to be repeated in Ukraine. Emphasis is placed on the relationship between the rating of a country's corruption perception index and the presence of an anti-corruption court in its judicial system. Thus, the authors emphasize the expediency of introducing the Supreme Anti-Corruption Court in Ukraine as a way to introduce European standards in Ukraine. At the same time, the article emphasizes the need to implement ways to overcome such shortcomings. Based on the fact that such courts are the most responsible - they also have very high risks. Thus, we propose a way to eliminate all possible risks by deriving the most optimal aspects of the organization of anti-corruption proceedings in foreign countries. The paper pays special attention to the structural change of the domestic model of combating corruption offenses. The introduction of foreign experience in Ukraine will create an effective state mechanism for detecting and combating corruption, which, in turn, will significantly improve not only the financial and economic situation of Ukraine, but also restore public confidence in the domestic legal system and public authorities.

scholarly journals Scientific and theoretical aspects of the origin and development of the principles of the establishment and activities of the prosecutor's office of Ukraine as a law-enforcement agency

2021 ◽  
pp. 27-30
Author(s):  
Anna PRYSIAZHNA
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Legal Status ◽  
Public Authorities ◽  
Historical Aspect ◽  
Stage Of Development ◽  
Law Enforcement Agency ◽  
The Status ◽  
Basic Ideas ◽  
Current Stage

The current stage of development of the Ukrainian state is characterized by increased interest in the problems of public authorities. The organization and activities of all state bodies, including the prosecutor's office, are built in accordance with the principles that determine the specifics of the legal status of each of these bodies and thus allow to individualize the status of each of them. It is on their basis that the competence of the prosecutor's office, the powers of prosecutors are determined, and the legislation on the prosecutor's office is developed. In this regard, the principles (principles) are the basis, the foundation of the prosecutor's office and all areas of its activities. It is established that the study of the principles of organization and activity of the Ukrainian prosecutor's office is impossible without the scientific-historical aspect of the origin of these principles and their development at different historical stages. The dialectic of the development of social life is such that the present and the future do not exist without the past, without a definite history. The historical origins of the origin, formation of the concept and development of the system of principles of organization and activity of the prosecutor's office are studied. It is proved that the principles of organization and activity of the prosecutor's office in the conditions of its reform become extremely important both for science and for practice. The provision is substantiated that the knowledge of the principles as the basic ideas that became the basis for the reform of the prosecutor's office, allows not only to know the essence of this reform, but also to identify shortcomings and weaknesses of the reform. The origin and development of the principles (principles) of organization and activity of the Prosecutor's Office of Ukraine are studied; the meaning and content of the principles of organization and activity of the prosecutor's office are revealed. The principles of law are the criterion of legality and legitimacy of actions of citizens and officials and under certain conditions are of great importance for the growth of legal awareness of the population.

Towards Open Graphical Tool-Building Framework

2011 ◽  
Vol 43 (1) ◽  
pp. 80-87 ◽  
Author(s):  
Edgars Rencis ◽  
Janis Barzdins ◽  
Sergejs Kozlovics
Keyword(s):  
Deep Understanding ◽  
Easy Task ◽  
Domain Specific ◽  
Activity Diagrams ◽  
Graphical Tool ◽  
One Step ◽  
Uml Activity Diagrams ◽  
Definition Of ◽  
Tool Building

Towards Open Graphical Tool-Building Framework Nowadays, there are many frameworks for developing domain-specific tools. However, if we want to create a really sophisticated tool with specific functionality requirements, it is not always an easy task to do. Although tool-building platforms offer some means for extending the tool functionality and accessing it from external applications, it usually requires a deep understanding of various technical implementation details. In this paper we try to go one step closer to a really open graphical tool-building framework that would allow both to change the behavior of the tool and to access the tool from the outside easily. We start by defining a specialization of metamodels which is a great and powerful facility itself. Then we go on and show how this can be applied in the field of graphical domain-specific tool building. The approach is demonstrated on an example of a subset of UML activity diagrams. The benefits of the approach are also clearly indicated. These include a natural and intuitive definition of tools, a strict logic/presentation separation and the openness for extensions as well as for external applications.

Foto-Etnografi dalam Proses Penciptaan Karya Seni Fotografi

Panggung ◽  
2013 ◽  
Vol 23 (2) ◽  
Author(s):  
Arief Datoem
Keyword(s):  
Social Life ◽  
Systematic Approach ◽  
Deep Understanding ◽  
Digital Photography ◽  
Cultural Representation ◽  
Visual Anthropology ◽  
Artistic Creation ◽  
Ethnographic Approach ◽  
The Subject ◽  
Emotional Approach

ABSTRACT This article aims at deepening the possibility of utilizing the art of photography that is rich of sig- nificance of the socio-cultural representation. The visual ethnographic field or photo-ethnography, which is relatively new, can provide assistance and answer for this. Therefore, the author has tried a form of collaboration between the photo-ethnographic approach and the sense approach in doing his research on the subject in order to obtain the deep understanding and the truth significance attached to them. The method of digital photography art creation which is intuitively the basis of the art cre- ation in digital domain, then was tried to be formulated, based on heuristics research in the process of the art of digital photography. This concept was developed from the experience in the field of digital photography and visual anthropology, guided by the basic theories of creativity, quantum theory in art, and theory of artistic creation that has existed before. Through emotional approach as a method, along with the structured systematic approach of photo-ethnography and with the deep awareness of the environment and social life of the subject leads to the creation of the image that tends to be better and more meaningful, more productive in a social sense, and offers a credible empiric documentation. Keywords: photo-ethnography, photography art works  ABSTRAK Artikel ini dibuat dalam upaya melakukan pendalaman mengenai kemungkinan peman- faatan seni fotografi yang kaya makna representasi sosio-kultural. Bidang etnografi visual atau foto-etnografi yang relatif masih baru, dapat memberikan bantuan dan jawaban un- tuk hal ini. Oleh karena itu penulis mencoba suatu bentuk kolaborasi antara pendekatan foto-etnografi dengan pendekatan rasa ketika melakukan penelitian terhadap subjek agar diperoleh pemahaman mendalam serta makna kebenaran yang menyertainya. Metode penciptaan seni fotografi digital yang merupakan dasar dari penciptaan seni secara intu- itif dalam domain digital, kemudian dicoba dirumuskan, berdasarkan penelaahan heu- ristik dalam proses seni fotografi digital. Konsep ini dikembangkan dari pengalaman di bidang fotografi digital dan antropologi visual, dipandu oleh teori-teori dasar kreativitas, teori kuantum dalam seni, dan teori penciptaan seni yang telah ada sebelumnya. Melalui pendekatan emosional sebagai metode, disertai dengan pendekatan sistematis yang ter- struktur dari foto-etnografi dan dengan kesadaran yang mendalam mengenai lingkungan dan kehidupan sosial subjek mengarah pada penciptaan gambaran yang cenderung lebih baik dan lebih bermakna, lebih produktif dalam arti sosial, dan menawarkan dokumentasi empiris yang kredibel. Kata kunci: foto-etnografi, karya seni fotografi

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

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