scholarly journals A Review of a Monograph Anti-Corruption Security Measures: monograph / E.A. Akunchenko, S.P. Basalaeva, M.A. Volkova et al.; edited by N.V. Schedrin, I.A. Damm. Krasnoyarsk, 2020. 430 s.

2020 ◽  
Vol 12 ◽  
pp. 35-39
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Security Measures ◽  
Current State ◽  
Scientific Ideas ◽  
Rule Making

The collective monograph ‘Anti-corruption security measures’ is being reviewed. It is noted that the study was carried out on the basis of the current state of legal regulation of the fight against corruption, the tasks of anti-corruption security were determined, well-founded conclusions and recommendations were formulated for creating a system of measures for such security. The study of anti-corruption security measures is relevant for the development of the science of criminal law and criminology, as well as the sciences of related fields of knowledge. Scientific ideas, analysis of legislation and law enforcement practice can be useful for further scientific research on anti-corruption measures, in rule-making activities in order to prevent corruption in the life of society and the state.

scholarly journals The history of the formation of notariat in Kostroma land

2019 ◽  
pp. 210-213
Author(s):  
Ivan N. Mel'nikov ◽  
Ol'ga A. Smirnova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Local History ◽  
The State ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Current State ◽  
History Of ◽  
History Of Law ◽  
State Archives

The article is devoted to the study of the process of formation of the institution of notaries in Kostroma land. The work identifi es the main stages of the development of the institution of notaries in the development of the state and the sources of legal regulation of this area of law enforcement. In the process of the historical and legal analysis, the peculiarities of the practical activity of notaries, refl ected in the documents which are stored in the holdings of the State Archives of Kostroma Region, are revealed. Particular attention is paid to the implementation of the judicial reform of 1864 and its role in the formation of the Russian notariat. The main purpose of the work was to assess the infl uence of historical experience on the current state of the institution of notaries, as well as to identify lost traditions in this area of jurisprudence. The results of this study may be of interest to specialists in the fi eld of history of law and local history.

scholarly journals Promising directions of scientific research on the issues of operational-search combatting mercenary and violent crimes in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 256-263
Author(s):  
Maryna Voloshyna
Keyword(s):  
Criminal Law ◽  
Scientific Research ◽  
Legal Regulation ◽  
Scientific Development ◽  
Search Activity ◽  
Violent Crimes ◽  
Current State ◽  
Points Of View ◽  
National Police ◽  
Personal Research

The article deals with issues of scientific elaboration of the problems of counteracting mercenary and violent crimes in Ukraine and the main directions of their scientific research. The article analyzes the main provisions of modern scientific developments in the field of criminal law, criminology, criminalistics, the theory of operational-search activity. The author, based on the analysis of existing points of view, the results of personal research, expresses his attitude to the aforementioned issue and proposes qualitatively new approaches to defining promising areas of scientific research on the issues of operational-search counteraction to mercenary and violent crimes in Ukraine. It is determined that the purpose of the article is to analyze the current state of scientific development of problems of operational and investigative counteraction to mercenary and violent crimes in Ukraine and outline promising areas of research on operational and investigative counteraction to mercenary and violent crimes in Ukraine in modern conditions. In the article the author analyzes in detail the scientific works of domestic scientists of different times on various aspects of combating mercenary and violent crime. In particular, issues of criminal law, criminology, forensic, criminal procedure and operational and investigative nature are studied. It is noted that in the territory of independent Ukraine a large number of scientists have studied the problematic issues of operational and investigative counteraction to mercenary and violent crimes both at the level of dissertations and at the level of scientific articles and textbooks. The author argues that the study of dissertations and monographs in recent years indicates a lack of general theoretical and organizational and tactical issues of operational and investigative counteraction to mercenary and violent crimes in Ukraine. Today remain: undefined and undeveloped: issues of normative-legal regulation of operative-search counteraction to mercenary-violent crimes; determining the features of operational and investigative characteristics of mercenary and violent crimes in Ukraine; content and direc-tions of improvement of information-analytical support of operative-search counteraction to mercenary-violent crimes; directions of internal and external cooperation of the National Police units in combating mercenary and violent crimes in Ukraine; tactical features of operational and investigative measures to combat mercenary and violent crimes in Ukraine, etc.

scholarly journals The features of the ensure the security of people involved in criminal proceedings in Ukraine

2020 ◽  
pp. 68-72
Author(s):  
O.I. Romtsiv
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
Professional Training ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Security Assurance ◽  
Current State ◽  
Legal Mechanism

The article analyzes institute of the security assurance for people involved in criminal proceedings. It is established that despite the significant contribution made to solve important issues of this institute, the legal regulation of the process of security assurance for participants in criminal proceedings, as well as the mechanism of such assurance practically need immediate improvement, modernization, and further comprehensive research. Based on the analysis of the current state of security of participants in criminal proceedings, the reasons that affect the efficiency of such activities and measures to eliminate them, namely: financing of programs to ensure the security for people involved in criminal proceedings (creating a separate state fund through financial penalties for damages caused by crimes and funds that criminals make on bail); organizational support (establishment of appropriate terms of security measures, professional training of law enforcement officers who carry out security measures); establishing proper interaction between entities that protect such persons, etc. By analyzing these problems, we can conclude that they mainly lie in three major areas: legal, economic and organizational. The drawbacks in the legal mechanism for security ensuring for people involved in criminal proceedings in Ukraine are highlighted; the necessity and ways of improvement of the legislation in this area taking into account the world standards are substantiated. In this regard, we propose to at least supplement the CPC of Ukraine with a separate Chapter 10-1, setting it out as follows: “Application of procedural and special measures for the security of people involved in criminal proceedings”. It is also proposed that to ensure the security of people involved in criminal proceedings, it is necessary to create a special structural unit in the law enforcement system of Ukraine.

Окремі проблеми визначення ефективності правового регулювання та ефективності його механізму з урахуванням їх проявів у сфері прикордонної безпеки України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. Б. Ганьба
Keyword(s):  
Law Enforcement ◽  
Regulatory Mechanism ◽  
Legal Regulation ◽  
The State ◽  
Border Security ◽  
Legal Consciousness ◽  
Right Wing ◽  
Public Authorities ◽  
Current State

The article analyzes the approaches of various scholars to determine the effectiveness of legal regulation and its mechanism as general theoretical categories and manifestations of their effectiveness in the field of border security of Ukraine.The author points out that most scientists limit their coverage to the effectiveness of legal regulation as a whole, bypassing the problem of the effectiveness of its mechanism. Attention is also drawn to the fact that some researchers in their scientific works generally ignore the coverage of both the effectiveness of legal regulation and the effectiveness of its mechanism.The paper proposes factors to determine the effectiveness of legal regulation and its mechanism by various scholars. At the same time, the factors that reduce such efficiency are listed. Among them, the author calls, first of all, the following: backlog of rulemaking from new challenges and threats that take place in the field of Ukrainian border security; the complexity and multifaceted application of the rules of law in the field; the state of legal consciousness and legal culture of the subjects of right-wing activity, as well as the current state of economic, political and law-enforcement development of society and the state as a whole; quality of staffing of the legal and regulatory activity of public authorities, etc.It is argued that the categories of “regulatory effectiveness” and “regulatory mechanism effectiveness” are not identical, and the author proposes five positions to delineate the investigated efficiencies.Finally, the paper emphasizes that proving the lack of an identity between the effectiveness of legal regulation and the effectiveness of the regulatory mechanism will allow the further use of these valuation concepts as different, though closely related.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals Methods of interaction of the state border service of Ukraine with other law enforcement authorities

2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Universal Method ◽  
Coordination Control ◽  
Illegal Migration ◽  
Law Enforcement Agencies ◽  
Economic Methods ◽  
Forecasting Method

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.

scholarly journals Legal Basis of State Support for Creating Innovative Medicinal Products

2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev
Keyword(s):  
Pharmaceutical Industry ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
State Support ◽  
Public And Private ◽  
Development Fund ◽  
Private Partnership ◽  
The Creation

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.

scholarly journals Implementation of conciliation procedures in socio-cultural and legal dimensions

2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik
Keyword(s):  
Law Enforcement ◽  
Objective Assessment ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Systematic Method ◽  
Legal Method ◽  
The Russian Federation ◽  
Dialectical Analysis ◽  
Rule Making

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.

The current state and prospects of development of legal support of hydraulic land reclamation

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
Keyword(s):  
Public Relations ◽  
Agricultural Land ◽  
Land Reclamation ◽  
Effective Interaction ◽  
Weather Conditions ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Current State ◽  
Adverse Weather

The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands

7 The Supreme Court and Northern Ireland

2019 ◽  
Author(s):  
Dickson Brice
Keyword(s):  
Law Enforcement ◽  
Northern Ireland ◽  
Supreme Court ◽  
Criminal Law ◽  
The State ◽  
Good Friday ◽  
The Supreme Court ◽  
Good Friday Agreement

This chapter begins by considering the arms trial in the early 1970s and outlines the gist of the Sunningdale Agreement in 1973 before considering the challenge to that Agreement dealt with by the Supreme Court in the Boland case. There follows an examination of the Court’s views on the constitutional status of Northern Ireland in McGimpsey v Ireland, decided in the wake of the Anglo-Irish Agreement of 1985, and on the constitutionality of the Belfast (Good Friday) Agreement in the Riordan case. There is an analysis of Law Enforcement Commission’s report and of the Court’s views on resulting Criminal Law (Jurisdiction) Bill 1975. The focus next moves to the shifting views of the Supreme Court on when it is appropriate to extradite suspected terrorists to Northern Ireland. Cases concerning Dominic McGlinchey, Séamus Shannon, Robert Russell, Dermot Finucane and Owen Carron are examined, as is the state of extradition law today.

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