scholarly journals Response of the official opponent to the dissertation of Babanina Victoria Viktorivna "Criminal legislation of Ukraine: the mechanism of creation and implementation"

2021 ◽  
Vol 1 (15) ◽  
pp. 276-292
Author(s):  
Viacheslav Ivanovych Borysov

The relevance of the topic of dissertation research of Babanina Victoria Viktorivna "Criminal legislation of Ukraine: the mechanism of creation and implementation" is considered. The degree of validity and reliability of scientific provisions, conclusions and recommendations formulated in the dissertation are highlighted. The scientific novelty and practical significance of the results obtained in the dissertation are established.

Author(s):  
Ihor Oheruk

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.


2018 ◽  
Vol 12 (2) ◽  
pp. 122-128 ◽  
Author(s):  
V. A. Baynov

In the current international environment — with fashion on international sanctions, in particular, limiting the possibilities of purchasing high-tech equipment from abroad and dependency of the exchange rate of the ruble against various political provocations — the Russian Federation has faced with the necessity of re-industrialization of the ‘raw’ model of the economy and stimulation of the development of its inner potential. It should be noted that, in accordance with the Plan for promoting import substitution in industry No. 1936-r of 30 September 2014, approved by the order of the Government of the Russian Federation, the Ministry of industry and trade of the Russian Federation has developed and is implementing 22 sectoral plans for import substitution in selected industries of the Russian Federation. In this regard, it is particularly important to study international experience in the field of import substitution policy. The validity and reliability of presented study are achieved by applying a systematic approach and scientific methods of analysis and synthesis, deduction and induction, as well as regulatory, empirical method, etc. As a result of the analysis of international experience, it was possible to identify measures that can improve the efficiency of the state policy of import substitution, including through the use of offset mechanisms in civilian industries and the development of the institution of public procurement, certification, and standardization. In conclusion, the author proposes measures that can improve the policy of import substitution. The practical significance of the article consists in the possibility of applying the results of the study in the elaboration of industrial development programs and further research.


Author(s):  
AnnRené Joseph

How does an entire state assess the arts in every school district at the elementary, middle, and high school levels with interrater validity and reliability? This chapter will summarize how Washington State’s Office of Superintendent of Public Instruction (OSPI) created, developed, designed, piloted, assessed, implemented, and reported arts classroom-based performance assessments (CBPAs), 2003–2016. The OSPI music CBPAs measure what educators value and teach, align with state arts learning standards regarding what all students should know and be able to do in music, and empower teachers to change their practice, resulting in practical significance. Developed by music educators, music CBPAs measure how individual students create, perform, and respond to real-life prompts. The CBPAs are formative and summative in design, and have become part of accountability instructional practices and state policy via annual district implementation verification reports. The vision for the initial CBPA design was: Curriculum + Instruction + Assessment for/ = Learning.


Author(s):  
Serhii Repetskyi

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".


Author(s):  
Yevhen Pysmenskyy

Purpose. While comparing the Criminal Code of Ukraine with the criminal legislation of Baltic States (Lithuania, Latvia, Estonia), the goal is to find the best options for further development of the criminal legislation of Ukraine on liability for offenses against morality, taking into consideration current aspirations to radically update the relevant legal framework. Methodology. The comparative method is the key one for the purposes of the research. Critical comparison of the criminal law provisions of the Baltic States and Ukraine on the grounds of liability for offenses against morality has been made with reference to this method. The research also used such methods of academic cognition as: historical-legal, system-structural analysis, formal-logical, modeling. Results. Based on the study of the advantages and disadvantages of the legal framework of the grounds of liability for criminal offenses (crimes and misdemeanors) against morality in accordance with the Criminal Codes of the Baltic States recommendations for optimizing and improving the effectiveness of such rules has been developed, while taking into consideration criminal law reform processes in Ukraine. Scientific novelty. The study has revealed a number of positive and progressive legislative decisions, reflected in the Criminal Codes of the Baltic States on liability for offenses against morality. It makes possible to carry out their potential adoption in the process of further rule-making activities in Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in law-making activities to improve criminal law of Ukraine in terms of combating encroachments upon morality, as well as in research and educational process as a basis for further comparative research on liability for offenses against morality in Ukraine and other countries.


2021 ◽  
Vol 15 (12) ◽  
pp. 3458-3461
Author(s):  
Polevoy G.G.

The aim set out in Article research is to find new of methodical approaches to improve the methods of development of coordination abilities of young players. Despite the proven efficacy of the differentiated approach in the preparation of sports reserve, no data found, taking into account the typological features of display properties of the nervous system of children involved in football. Methods and techniques. We used statistical methods to determine the validity and reliability of the results of scientific research. Statistical analysis was performed using a personal computer Pentium- 4 and using the Microsoft standard statistical software package Excel 2007. Correlation analysis was performed using the program Bio Stat 2016. Results. Identified and synthesized a new classification of specific coordination abilities in terms of their impact on mental processes of young football players. The new data that expand and deepen the modern theory and methodology of football with new knowledge about the coordination abilities, peculiarities of the relationship indicators conditional abilities and mental processes with the indicators of specific coordination abilities of the players with strong and weak nervous system. Scientific novelty. Demonstrated prospect for a differentiated approach based on a typology. The features of the relationship of coordination abilities indicators with indicators of conditional abilities and mental processes of the players of 11-12 years with a "strong" and "weak" the nervous system. Defined "leading" and "additional" specific types of coordination abilities in different groups of players. Practical significance. Accounting data obtained as a result of the correlation analysis, in the training process of young players can provide a significant increase in the efficiency of the development process -specific coordination abilities, level of mastery of the technical and tactical methods and competitive performance, as well as improve the performance of the mental processes of children involved in football. Keywords: differentiated approach, the properties of the nervous system, coordination abilities, psychical processes


2017 ◽  
Vol 13 (2) ◽  
pp. 10 ◽  
Author(s):  
Gennadii Alexandrov ◽  
Irina Vyakina ◽  
Galina Skvortsova

The paper suggests the author's method of analyzing the investment climate and assessing unsystematic investment risk. The authors propose an original non-traditional approach to the solution of two interrelated problems: investment climate diagnostics and investment risk level evaluation. The technique can be applied by both an investor for making an investment decision and an issuer for analyzing reasons of the low investment object attractiveness. It makes it possible to identify the barrier and restrictive factors determining a high risks and to develop measures to reduce them. The advanced algorithm, step-by-step methodology, and decision support system for assessing investment climate and unsystematic investment risk were described and formalized in the paper. Scientific and practical significance lies in the fact that the complex analysis and evaluation method proposed allows management decisions to be argued. the author’s technique will significantly reduce the role of the subjective factor caused by expert evaluation and uncertainty factors, improve the validity and reliability of the investment climate and risk assessments, and help to make an adequate decision about risk elimination.


2012 ◽  
Vol 166-169 ◽  
pp. 1663-1668
Author(s):  
Guo Ren Lu ◽  
Qing Biao Wang ◽  
Xiao Jing Li ◽  
Li Ge Wang

The anchorage force loss of the prestressed anchor rope results in reduction or loss of anchorage force, which poses an enormous threat to the project safety. In the conceptual design process, factors like the system , structure, spacing and tonnage of anchorage, and properties of rock and soil should be considered and measures should be taken to effectively control or reduce the effect of the anchorage force loss, which possesses great theoretical and practical significance on the design, construction , safety and social-economic benefits of the anchorage project. Finally, the validity and reliability of design measure was proved by an engineering example.


Author(s):  
Oleksandr Ostrohliad

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.


2018 ◽  
Vol 18 (2) ◽  
pp. 175-184 ◽  
Author(s):  
Miguel Ángel Vallejos-Flores ◽  
Anthony John Erik Copez-Lonzoy ◽  
Walter Capa-Luque

ResumenEl impacto de las redes sociales en la vida cotidiana se ha convertido complejo en el establecimiento de límites entre el uso normal y patológico que podría conllevar a un trastorno adictivo. El objetivo del presente estudio fue brindar evidencias de validez y fiabilidad de las puntuaciones de la escala BFAS en población de estudiantes universitarios. La evaluación de las evidencias de validez y fiabilidad se realizó en una muestra de 510 jóvenes universitarios. La edad promedio de los participantes fue de 20.74 años (DEedad=2.57) el 54,1% fueron mujeres, se presentaron ligeras diferencias a nivel de grupo (sexo) pero no a nivel de significancia práctica d=.18. Para medir la adicción al Facebook se utilizó la Bergen Facebook Addiction Scale (BFAS) y el cuestionario Fear of Missing Out (FoMO) como medida de contraste (r=.60) que representa el 36% de influencia de una variable sobre la otra. La estructura interna fue determinada bajo el análisis factorial confirmatorio (AFC) que replico la unidimensionalidad (CFI=.994, RMSEA=.061). Además fue evaluada la equivalencia de medición mediante modelos de análisis factorial multigrupo (AFC-MG) donde se comprobó diferentes niveles de invarianza según sexo, edad y afectación académica. Fue corroborado el uso pertinente del coeficiente alfa de Cronbach mediante la implementación de restricciones en modelos confirmatorios para evaluar tau-equivalencia y medidas paralelas, donde obtuvo resultados adecuados de α=.84. Esta versión en español del BFAS brinda evidencias de validez y fiabilidad, que son útiles para la investigación debida su necesidad de inclusión en baterías que evalúen adicciones a redes sociales.Palabras clave: adicción, equivalencia de medición, facebook, fiabilidad, análisis factorialAbstractThe impact of social networks on daily life has become complex in establishing limits between normal and pathological use that could lead to an addictive disorder. The objective of this study was to provide evidence of validity and reliability of the BFAS scale in the population of university students. The evaluation of the evidences of validity and reliability was carried out in a sample of 510 university students. The average age of the participants was 20.74 years (DE age = 2.57), 54.1% were women, there were slight differences at the group level (sex) but not at the practical significance level d = .18. To measure Facebook addiction, the Bergen Facebook Addiction Scale (BFAS) and the Fear of Missing Out (FoMO) questionnaire were used as a measure of contrast (r = .60), the level of influence of one variable over the other found was of 36% The internal structure was determined under the confirmatory factor analysis (CFA) that replicated the one-dimensionality (CFI = .994, RMSEA = .061). In addition, the equivalence of measurement was evaluated using multigroup factor analysis models (CFA-MG) where different levels of invariance were found according to sex. The relevant use of the Cronbach alpha coefficient was corroborated by the implementation of restrictions in confirmatory models to evaluate tau-equivalence and parallel measures, where it obtained an optimal results of α = .84. This version on spanish of the BFAS provides evidence of validity and reliability, which are useful for research due to its need to be included in batteries that assess addictions to social networks.Key words: addiction, equivalence measurement, Facebook, reliability, factor analysis


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