scholarly journals Procedure and conditions of life executing punishment

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Viktor Konopelskyi ◽  
Valentyna Merkulova ◽  
Oksana Hrytenko ◽  
Kateryna Pogrebna ◽  
Harehyn Muradyan
Keyword(s):  
Legal Status ◽  
System Implementation ◽  
Special Significance ◽  
Life Imprisonment ◽  
Basic Principles ◽  
Legitimate Interests ◽  
The Law ◽  
Definition Of ◽  
Disciplinary System

The article is devoted to the consideration of essence and tendencies of reforming the criminal-executive legislation of Ukraine concerning the procedure and execution and serving life imprisonment conditions. Certain debatable provisions, both theoretical and legal, concerning procedure and conditions of life service executing punishment are considered. It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. General penitentiary provisions, which determine the initial legal status of persons sentenced to life imprisonment, provide a list and features of the rights, legitimate interests, responsibilities of convicts, ways (mechanism) to comply with safe conditions of detention, etc. General penitentiary provisions, which define the basic principles for implementation of changes in detention conditions during execution and serving a sentence (essence, tasks, forms, general requirements for material grounds for application, procedural issues of progressive system implementation, definition of disciplinary system).

THE IMPORTANCE OF THE LAW "ON OPERATIONAL INSPECTION ACTIVITIES" IN THE IMPLEMENTATION OF PREVENTION OF OFFENSES

2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Joint Work ◽  
Basic Principles ◽  
The Law ◽  
Causes Of Crime ◽  
Prevention Of Crime

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members

scholarly journals Administrative and legal support of the activity of customs entities in Ukraine

2020 ◽  
pp. 82-87
Author(s):  
V.O. Timashov ◽  
O.V. Mykhed
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Administrative Reform ◽  
The State ◽  
National Legislation ◽  
Educational Literature ◽  
Legitimate Interests ◽  
Legislative Changes ◽  
Definition Of

This article deals with the issue of administrative and legal support of the activity of customs entities in Ukraine. The views of scientists who have this issue have been researched and analyzed. The definition of customs business is determined in accordance with the norms of the Customs Code of Ukraine. Changes in customs legislation were also noticed. Accordingly, the concept of customs legal relations was formed. The historical development of the customs in Ukraine is investigated. Find out the names of the State Customs Service: 1991-1996 - State Customs Committee of Ukraine, 1996- 2012 - State Customs Service, 2012-2014 - Ministry of Revenue and Duties, 2014-2019 - State fiscal service, 2019 and until now - the State Customs Service. Attention was also payed to the changes in customs legislation that have occurred as a result of the reform of this field. The main legislative changes have been determined in accordance with the draft Law "On Amendments to the Customs Code of Ukraine and some other laws of Ukraine in connection with the administrative reform". On the basis of the researched norms of the current national legislation, its drawbacks regarding the administrative and legal support of the State Customs Service in Ukraine have been identified. Scientists' views on the classification of subjects of customs relations have been investigated. The essence and content of the administrative legal status of the subjects of customs relations are determined. Find out that in the scientific and educational literature is very common to find different concepts that characterize directly the participant of customs relations. Also, not less important, was the definition of customs entities according to the views of scientists on this issue. Therefore, customs entities are customs authorities and individuals and legal entities under their control who cross the customs border and move vehicles and goods through it, and carry out activities for the purpose of realizing rights, duties and legitimate interests in the field of public customs, while having certain rights and responsibilities.

scholarly journals LEGAL STATUS OF THE POLICYHOLDER IN THE COMPULSORY STATE SOCIAL INSURANCE AGAINST AN ACCIDENT AT WORK AND AN OCCUPATIONAL DISEASE

2020 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
Oleksii Soloviov ◽  
Keyword(s):  
Occupational Disease ◽  
Social Insurance ◽  
Legal Status ◽  
Civil Law ◽  
Insurance Premium ◽  
Material Loss ◽  
Social Contribution ◽  
The Law ◽  
Definition Of ◽  
Compulsory State

The article considers the definition of the insured, which is contained in the Law of Ukraine «On collection and accounting of a single contribution to compulsory state social insurance» and based on this it is concluded that it includes only the persons and the main obligation of the insured – payment of insurance premium and does not establish additional or qualifying features that the insured must have. Given that the social security insurance mechanism was borrowed from civil law, the author examined the definition of the insurer from the standpoint of civil law and concluded that the presence of insurance interest is a prerequisite for determining a person as an insured and proposed his own definition of insurance interest – a certain property interest related to the need to suffer material loss in connection with damage to life, health and ability to work of the insured person as a result of an accident or occupational disease that occurs during the performance or in connection with the performance of certain work in the interests of the insured. The author emphasizes that the insurers in the relationship of social insurance against accidents at work and occupational diseases can be primarily employers. Based on the results of the analysis of the definition of the employer in various regulations, it was concluded that there is a certain inconsistency in science and legislation regarding this term, and therefore the legislative definition of the employer needs to be specified. This made it possible to develop proposals for making the necessary changes to certain regulations that contain this term. The concept and features of a single social contribution are researched. Peculiarities of insurance of persons performing works on the terms of civil law contracts are analyzed. Emphasis is placed on the unresolved issue of the customer - an individual who uses the work of other individuals under a civil contract, but without registering them as a business entity. It is believed that such persons should also act as payers of the single social contribution, and therefore it is necessary to amend the Law of Ukraine «On the collection and accounting of the single contribution to the obligatory state social insurance».

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

scholarly journals The Legal Definition of Railway Areas in Poland. The Limitations of Investment and Conducting Business Activity on the Railway Areas

2018 ◽  
Vol 8 ◽  
Author(s):  
Piotr Szulc
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Business Activity ◽  
Railway Transport ◽  
Legal Regime ◽  
Legal Definition ◽  
Administrative Courts ◽  
Definition Of

The paper analyses the legal definition of railway areas in Poland based on the Railway Transport Act. The author tries to find an answer to the question of what the legal status of railway areas in the Polish legal system is, with emphasis on the classification of railway areas to the wider group of special areas. Moreover, the paper describes the restrictions on investments on railway areas which are presented based on the previous judicature of the Polish administrative courts. Then other detailed obligations resulting from the special legal regime in this area are explained.

scholarly journals International cooperation in conducting procedural actions during the pre-trial investigation in the countries of the European Union and perspectives of its use in Ukraine

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Oleksandr I. Kozachenko ◽  
Volodymyr Zarosylo ◽  
Mykola O. Gelemei ◽  
Mykhailo I. Stankovych ◽  
Mykola M. Yatsun
Keyword(s):  
European Union ◽  
Legal Status ◽  
The European Union ◽  
Life Imprisonment ◽  
Law Enforcement Agencies ◽  
Content Ratio ◽  
European Arrest Warrant ◽  
Security Levels ◽  
The Eu

The article analyzes some areas of cooperation between law enforcement agencies of the European Union in the field of pre-trial investigation. Particular attention is paid to the European Arrest Warrant and its application. Ukraine aspiring to become a member of the EU must take into account all issues related to the issuance and execution of these warrants. Particular attention is paid to the analysis of more specific problems related to criminal-executive criteria for the perception of life imprisonment as subspecies of imprisonment for a certain period; systemic content ratio of general penitentiary norms, which determine the legal status of convicts sentenced to life imprisonment, and special ones, which should reproduce peculiarities of regime requirements of penitentiary institutions of different security levels (in particular, medium and maximum). It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. Moreover, the EU countries do not yet have the appropriate practice in the application of these warrants.

scholarly journals The concept infringement of subjective copyright: a theoretical aspect

2021 ◽  
pp. 15-23
Author(s):  
Olena Shtefan
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
Theoretical Aspect ◽  
Case Law ◽  
Copyright Infringement ◽  
Free Access ◽  
Unified Approach ◽  
Royalty Payment ◽  
Definition Of

Shtefan O. The concept infringement of subjective copyright: a theoreticalaspect. The article examines the problem of protection of subjective copyright at the doctrinal level. The source base analyzed in the article revealed the lack of a unified approach to the definition of copyright infringement, the criteria for classifying infringements and their characteristics. The author 's approach to the solution of the outlined problem is offered in the article.In particular, the proposed following definition of copyright infringement is a culpable, unlawful, punishable act (action or omission) that harms or infringes on the personal non-property and / or property rights of the copyright holders for which the legal liability arises. The basis of protection of rights is called by civil law “non-recognition of rights". Summarizing the existing definitions of this term in the doctrine, the author proposes to understand the non-recognition of rights as a passive denial of a person's copyright to a work, which does not directly harm the subjective right of the copyright subject, but creates uncertainty in the legal status of the holder. including in its relations with third parties regarding the use of the object of copyright.In the article, the author, based on the analysis of case law, examines the misuse of the work, as any use of copyright both within the contract and outside the contract, which violates the property rights and personal non-property rights of copyright subjects. The most common are non-contractual copyright infringements related to the illegal use of works. Such violations include, in particular: posting works on the Internet sites forfree (paid or free) access without the permission of the relevant subject, presentation of works in cafes, bars, restaurants for a fee or without them (without royalty payment), work or part of it in the memory of a mobile phone for a fee or without such, etc. The article concludes that, as a rule, intangible copyrights are infringed at the same time as property rights, is a derivative of infringement of property copyrights related to the useof the work. Therefore, copyright infringement is complex. The article concludes that copyright infringement is complex.Key words: copyright, infringement, classification of infringements, signs of infringement, infringement of subjective copyright.

Actual and legal limitations of the right to public information against the background of native legislation

2019 ◽  
Vol 2 (XIX) ◽  
pp. 193-208
Author(s):  
Aleksander Kwaśniak
Keyword(s):  
Public Information ◽  
Sensu Stricto ◽  
Specific Situation ◽  
The Law ◽  
Definition Of ◽  
The Right

In this article the author presents the range of limitations of the right to public information, which are included in the law on access to public information. At the beginning the author formulates a definition of limitation. At the end of this article, the author try to make a classification of limitations on actual limitations and legal limitations, depending on the reason of limitation in a specific situation. The author also evokes views of doctrine too, where we find the split into limitations sensu stricto and sensu largo. The last think is the analysis of legal means, which are entitled to applicants for a given limitation.

scholarly journals A Synergetic Theory of Information

Information ◽  
2019 ◽  
Vol 10 (4) ◽  
pp. 142 ◽  
Author(s):  
Viktor Vyatkin
Keyword(s):  
Average Length ◽  
Structural Characteristics ◽  
Discrete Systems ◽  
Information Law ◽  
Finite Set ◽  
The Law ◽  
Definition Of ◽  
Synergetic Theory ◽  
First Time

A new approach is presented to defining the amount of information, in which information is understood as the data about a finite set as a whole, whereas the average length of an integrative code of elements serves as a measure of information. In the framework of this approach, the formula for the syntropy of a reflection was obtained for the first time, that is, the information which two intersecting finite sets reflect (reproduce) about each other. Features of a reflection of discrete systems through a set of their parts are considered and it is shown that reproducible information about the system (the additive syntropy of reflection) and non-reproducible information (the entropy of reflection) are, respectively, measures of the structural order and the chaos. At that, the general classification of discrete systems is given by the ratio of the order and the chaos. Three information laws have been established: The law of conservation of the sum of chaos and order; the information law of reflection; and the law of conservation and transformation of information. An assessment of the structural organization and the level of development of discrete systems is presented. It is shown that various measures of information are structural characteristics of integrative codes of elements of discrete systems. A conclusion is made that, from the information-genetic positions, the synergetic approach to the definition of the quantity of information is primary in relation to the approaches of Hartley and Shannon.

scholarly journals On the Principles of Design of Transport Nodes

2022 ◽  
Vol 19 (4) ◽  
pp. 6-12
Author(s):  
P. A. Kozlov ◽  
S. P. Vakulenko ◽  
V. P. Kozlova ◽  
N. Yu. Evreenova
Keyword(s):  
Rational Design ◽  
Systemic Approach ◽  
Transport Systems ◽  
Natural Form ◽  
Basic Principles ◽  
Main Method ◽  
Principles Of Design ◽  
The One ◽  
Definition Of

The methodology developed by the authors refers to designing, calculating, and optimising transport nodes based on the original systemic approach as a main method. The use of the methodology will make it possible to design transport nodes more rationally and to evaluate their development projects more correctly.A «system» is understood as a general natural form of structuring organised substance, which enables it to function stably in a changeable environment. The basic principles are formulated as follows: the system consists of elements, each of which is also a system; active self-maintenance is developed in the system, that is, active actions are counteracting external adverse influences; it is shown that self-maintenance is provided by adaptability, and in transport systems the self-maintenance is particularly provided by adaptive technology.A contradiction (a dialectical one) arises: on the one hand, the elements are independent systems that have their own system parameters and mechanisms for their active maintenance, and on the other hand, they are subordinate creatures capable of flexibly changing their work to maintain the parameters of the supersystem. It is necessary to find harmony between the levels of development of these opposite properties. Transport nodes are also considered from these systemic positions. Exposition of several definitions of nodes by leading national scientists is followed by a statement showing that they all contradict the new systemic approach.Suggested system definition of a node describes it as a set of stations. The authors also propose a new classification of transport nodes, formulate criteria for their rational design depending on the classes, and propose correct design and optimisation principles. 

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