scholarly journals Security for a civil claim in criminal proceedings

2021 ◽  
Vol 7 (1) ◽  
pp. 417-422
Author(s):  
Dmitriy Aleksandrovich Ivanov ◽  
Sergey Vyacheslavovich Ermakov ◽  
Elmir Nizamievich Alimamedov ◽  
Alla Sergeevna Esina
Keyword(s):  
Criminal Policy ◽  
Criminal Proceedings ◽  
Local Authorities ◽  
Public Authorities ◽  
Civil Action ◽  
Effective Implementation ◽  
Other Information ◽  
History Of ◽  
The Right ◽  
Further Development

Currently, the criminal policy aims not only to convict the guilty party but also to guide them in the right direction to restore the rights of the victim. It also concerns the pre-investigation bodies and judges to take action to ensure the reparation of damage caused by the crime. The history of the development of civil action in criminal proceedings confirms its importance and the necessity to ensure its further development in the criminal procedure framework. However, to ensure the effective implementation of theoretical aspects of resolving a civil claim into the criminal proceedings practices, it is important to amend and complement the current legislation. According to the obtained results, the authors conclude that the victim, a civil party, or their representatives can gather evidence to confirm their claim through obtaining objects, documents, and other information; interviewing people with their consent; submitting a motion to the investigator on receiving certificates, references, and other documents from public authorities, local authorities, public associations, and other organizations.    

scholarly journals Essence and significance of legislation systematization in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 101-106
Author(s):  
Nataliya Obushenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Effective Means ◽  
Legal Education ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Effective Implementation ◽  
The Right ◽  
Further Development

The article highlights that the systematization of legislation is an essential measure on the path to European integration of our country, as well as that the systematization allows improving and streamlining legislation for ease of application and effective implementation in practice. The article reveals that the role of systematization of legislation is to create all the necessary conditions for its further development, to get rid of gaps and shortcomings in it and to ensure its internal unity. The article clarifies that the systematization of legislation creates opportunities to quickly find and correctly interpret all the necessary regulations, which provides a purposeful and effective legal education of society. Systematization of legislation becomes important in reviewing the sources of law, orientation in the system of legislation, for the adoption of new regulations by law enforcement agencies in coordination with all regulations, addressing obsolete acts and finding the most effective means of regulatory regulation of public relations. In the article, the systematization of legislation should be understood as a set of organizational and legal actions defined by the current legislation of Ukraine, which is carried out by authorized public authorities to bring existing regulations into a single internally coordinated system that improves overall efficiency. Systematization is a process of organizing individual elements, creating the right conditions for them to cooperate and interact with each other. Systematization is one of the main factors of purposeful and effective legal education (formation of legal awareness) and research in the field of student education.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

scholarly journals Stories (novellas) from Arabic chronicles of the 9th–10th cent.

2020 ◽  
Vol 3 (1) ◽  
pp. 160-188
Author(s):  
D. V. Mikulskiy
Keyword(s):  
Conflict Of Interest ◽  
Historical Narrative ◽  
Muslim Community ◽  
Chronological Order ◽  
Other Information ◽  
History Of ◽  
Belles Lettres ◽  
The Times ◽  
Further Development

The publication offers academic translations of fifteen stories from the major chronicles of the 9th–10th cent. AD written in Arabic and arranged after the ruling dynasties. These two centuries witnessed the genesis and further development of this very popular genre of historical narrative. The so-called “dynastic” chronicles display the events of the history of the Muslim Community by dividing it following the times of the rule of the Muslim sovereigns, the Caliphs. Such chronicles were authored by the Muslim as well as by the Christian authors. Concerning the composition of historical works, their texts can be described as “amalgamated” and comprise along with other information a certain type of stories, which are written in a “genre” of “belles-lettres”. They usually comprise dialogues and rather vivid descriptions of historical characters and their deeds. The chronicles, which these stories are extracted from are written by ad-Dinawari (d. 891), al-Ya‘kubi (d. 897), Eutichius (d. c. 940) and al-Muqaddasi (d. end X c.)2 . The translations are arranged in the chronological order and supplied with roman numerals. The publication is followed by a detailed commentary.The author declares that there is no conflict of interest.

scholarly journals The Constitution of Ukraine of 1710 and its place in the centuries-old history of nation-building

2020 ◽  
pp. 16-25
Author(s):  
Igor Boiko
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Nation Building ◽  
Electoral System ◽  
The State ◽  
Public Authorities ◽  
The Rule Of Law ◽  
French And English ◽  
History Of ◽  
Further Development

The article reveals the socio-political preconditions of the Constitution of Ukraine of 1710, analyzes its content and determinesits place in the centuries-old history of nation-building. It is noted that the Ukrainian Constitution of 1710 had an exceptional politicaland legal significance, as it was a regularity of the existence of the Ukrainian Cossack state and testified to the statehood of the Ukrai -nian nation. The Constitution of 1710 was a kind of social contract, the primary purpose of which is to ensure the rights and free deve -lopment of members of society. It enshrined the principle of separation of state power, established democratic and contractual principlesfor the formation of public authorities, the manner of their organization and interaction, determined their competence and functions.The Constitution of Ukraine of 1710 enshrined other important principles, including equality (Article 6 «equality of the Cossacks inpublic affairs»), the rule of law and the inviolability of natural human rights, which were the basis for preventing usurpation of power,violation of the integrity and sovereignty of the state. The competence of state authorities and officials was delimited and their constitutionalstatus was established. The Ukrainian Constitution of 1710 was focused on the establishment and development of the nationalidea, spiritual and moral values of peace, tolerance, goodness, and justice. During the period of the Ukrainian Cossack state, especiallyat the time of the adoption of its constitution in 1710, the formation of the national idea took place. The Constitution of Ukraine of 1710is important in the history of nation-building. Adopted during the Middle Ages, when predominantly absolutist monarchies ruled, itbecame the most advanced state act in European society at the time, defining Ukraine as a democratic Christian republic with an electedhetmanate. The Constitution of 1710 became the foundation for the further development of Ukrainian statehood. The first Ukrainianconstitution of 1710 was ahead of its time, it was adopted when the French and English educators had just begun to develop those cons -titutional ideas that were already laid down in it. As is typical of constitutions, it defined the state system, the order and principles offunctioning of representative, executive and judicial authorities, the electoral system, the rights and responsibilities of the state, societyand citizens. Given the above-analyzed basic provisions of the Constitution of 1710, it can rightly be considered the first written democraticconstitution in the world. Key words: constitution, state formation, republic, state, nation, Ukraine.

scholarly journals Institutions of the Judiciary in the Grand Duchy of Lithuania (XIV-XVI centuries): structure, classification, competence

2019 ◽  
pp. 151-163
Author(s):  
P. Zakharchenko
Keyword(s):  
Middle Ages ◽  
Rural Areas ◽  
State Courts ◽  
Criminal Proceedings ◽  
Government Officials ◽  
Criminal Cases ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
The Right ◽  
Grand Duchy

The article deals with the classification of the judiciary in the Grand Duchy of Lithuania (hereinafter referred to as the GDL), which included most Ukrainian lands during that period. The purpose of the work is to identify institutes of justice that were active during the Middle Ages in the GDL, to study their structure, to classify and competence each of them. Following the majority of researchers in the history of national law, the author shares the view that the three stages of the evolution of the organization of justice in the specified period. The periodicisation is based on the well-known principle of court ownership, distinguishing state and non-state courts. Characterization of each of the judicial institutions is carried out. It noted that state courts were under the direct jurisdiction of the Grand Duke and his government officials, while non-state courts were not subordinate to government officials, but their decisions were found to be legitimate. Such courts have arranged both the Grand Duke of Lithuania (the master) and the general population, since the former sought to relieve the courts, and the latter sought opportunities to resolve the dispute on the spot, without long journeys and the pecuniary expense of keeping the letter and spirit of the law. The author pays the most attention to land courts created on the basis of customary Ukrainian law. They originated in the fourteenth century. from the tradition of the Russian faithful courts. It is considered by public courts operating throughout Ukraine's ethnic territory, mostly in rural areas. Cities and towns that were not in Magdeburg law were also included in the land area. Representatives of various sections and strata of Ukrainian society participated in his work, starting with the peasantry and ending with the nobles-government. Attention is drawn to the jurisdiction of land courts in criminal proceedings. It has been proven that property crimes - theft, robbery, robbery, arson - were distinguished from criminal cases considered by land courts. Qualified death penalty was practiced, first of all hanging, burning, quartering. Initially, all the inhabitants of the land district (suburbs) came under the jurisdiction of the land courts, but subsequently the nobility was granted the right to sue the commercial court. The findings of the paper stated that despite the variety of judicial institutions, the competence of each court was sufficiently clearly defined.

scholarly journals Application of measures to ensure the claim in administrative proceedings

2021 ◽  
Vol 66 ◽  
pp. 168-172
Author(s):  
Т. О. Tour
Keyword(s):  
System Analysis ◽  
Security Measures ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Further Development

The article, based on the methodology of system analysis, considers the application of measures to ensure the claim in the administrative proceedings of Ukraine. Judicial protection includes various components, including procedures for reviewing decisions and actions or inaction of public authorities. The institute of securing a claim on an administrative claim, which was formed in administrative proceedings, is the result of a discussion on the formation of a European system of administrative justice in Ukraine. It is established that the mechanism of securing a lawsuit in an administrative lawsuit has a pronounced positive effect on achieving the key goal and objectives of administrative proceedings. This applies to ensuring legality and discipline in the system of public administration, elimination of violations by officials of public authorities. The applied mechanism promotes full realization of the right of subjects directly involved in public legal relations to judicial protection from illegal actions and decisions accepted by the public power and its officials, on realization of full and effective protection of the rights, freedoms and lawful interests of physical and legal persons. The institute of securing the claim can be considered as a logical conclusion of the procedure of establishing the public-law specialization of the procedural provision of the rights, freedoms and legitimate interests of the plaintiff. It is determined that the allocation of security of the claim as a special institution in the system of administrative proceedings is explained by the following factors: security measures, typical for the exercise of judicial power; the specifics of the legal environment, where the prerequisites for the existence of institutions of administrative law, for the emergence of public disputes, the further development of which occurs in the implementation of administrative powers of public authorities in relation to all other persons involved in administrative relations.

scholarly journals ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY

2020 ◽  
Vol 30 (6) ◽  
pp. 844-850
Author(s):  
V.I. Antonov ◽  
E.V. Antonov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Point Of View ◽  
Relevant Today ◽  
History Of ◽  
Criminal Legislation ◽  
Further Development

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.

scholarly journals Parasitic Myoma: A Very Rare Case Report aAnd Review of Literature

2019 ◽  
Vol 17 (1) ◽  
pp. 50-53
Author(s):  
Md Manir Hossain Khan ◽  
Jobaida Sultana
Keyword(s):  
Abdominal Wall ◽  
Blood Supply ◽  
Iliac Fossa ◽  
Abdominal Cavity ◽  
Low Grade ◽  
Review Of Literature ◽  
Rare Case Report ◽  
History Of ◽  
The Right ◽  
Further Development

A 32 years old unmarried women presented with periumbilical colickey abdominal pain which shiftted to the right iliac fossa with anorexia, vomiting and low grade fever. She had history of open myomectomy 4 years back for menorrhagia with multiple fibroids (myomas). On examination, the pointing sign, Rovsing's sign, McBurney's sign &Blumberg's sign were positive. Then she was diagnosed as a case of acute appendicitis. Ultrasonography revealed nothing significant. Appendicectomy was done through right Grid Iron incision. Appendix was found inflammed, swollen and there was collection of fluid in the peritoneal cavity. During closure, incidentally a solid mass about 5 ><4 ><2.5 cm was found exterior to the peritoneum near the incision at the abdominal wall. The mass was excised. Subsequently histopathotology confirmed a leiomyoma (Myoma or parasitic fibroid). The parasitic myoma may develop spontaneously as pedanculatedsubcerousmyomaloose their uterine blood supply or iatrogenically from retained fragment of myoma from previous myomectomy or hysterectomy and get blood supply from abdominal wall. Even small bits displaced into the abdominal cavity can result in parasitic fibroids. This case is reported here to give emphasis on the surveilence of parasitic myoma during myomectomy or hysterectomy for fibroid uterus and all tissue pieces that are morcellated should be delligently removed for the prevention of further development of parasitic myoma. Journal of Surgical Sciences (2013) Vol. 17 (1) : 50-53

scholarly journals Enthusiastic Policy Implementation and its Aftermath: The Sudden Expansion and Contraction of China's Microfinance for Women Programme

2018 ◽  
Vol 234 ◽  
pp. 506-526 ◽  
Author(s):  
Yanhua Deng ◽  
Kevin J. O'Brien ◽  
Jiajian Chen
Keyword(s):  
Policy Implementation ◽  
Cost Sharing ◽  
Local Governments ◽  
Sudden Expansion ◽  
Local Authorities ◽  
Effective Implementation ◽  
Institutional Incentives ◽  
History Of ◽  
Local Officials

AbstractMany China scholars have explored shirking by local officials and “effective implementation,” but fewer have examined polices that are implemented with great enthusiasm. The Microfinance for Women Programme fits in this last category. Especially in Sichuan, targets for lending were set by the province, exceeded, raised by cities and counties, and then exceeded again. The immediate reason that lending took off in 2012 was the relaxation of collateral requirements that shifted the risk of defaults away from local authorities. But the surge in lending also had deeper roots in the policy's vagueness, institutional incentives, bureaucratic pressure, and local fiscal and organizational interests. Although enthusiastic implementation occurred (and generated much-needed revenues for local governments), the history of the programme also shows that it can be halted, as was the case when instability loomed and the authorities reversed bureaucratic pressure by calling for local cost-sharing and introducing uncertainty over whether interest subsidies would continue.

scholarly journals Bankruptcy of state-owned enterprises in the light of legislative reforms

1970 ◽  
pp. 216-220
Author(s):  
Maksym Hychun
Keyword(s):  
Positive Influence ◽  
Public Authorities ◽  
National Legislation ◽  
Occupied Territories ◽  
History Of ◽  
Points Of View ◽  
Bankruptcy Code ◽  
Legislative Reforms ◽  
Further Development ◽  
Legal Grounds

The article is devoted to the investigation of bankruptcy of state-owned enterprises, in particular after the Bankruptcy Code of Ukraine came into force on October 21, 2019. The opinions of scientists and their different points of view are presented, in particular that some insist that it is the first codified act on the settlement of insolvency (bankruptcy) in the whole history of Ukraine’s independence, which will give impetus for positive changes and raise the bankruptcy institute. scientists - quite rightly point to the gaps contained in the Bankruptcy Code of Ukraine and the irreversible consequences that can occur after it enters into force. The analysis of the national legislation in the part of bankruptcy of state-owned enterprises, as well as the practice of its application, considered the issues of bankruptcy of state-owned enterprises, namely in terms of approaches of the Bankruptcy Code of Ukraine to the bankruptcy of state-owned enterprises and the identification of conditions that improve them. Some aspects of the Bankruptcy Code of Ukraine, which have both positive and negative features, are investigated. The article states that the positive influence of the Bankruptcy Code of Ukraine on bankruptcy of state-owned enterprises and improvement of conditions for restoration of their solvency cannot be clearly stated. First and foremost, it is essential to amend the Bankruptcy Code of Ukraine as part of the opening of bankruptcy proceedings against public authorities, preventing abuse in this aspect, and to fully regulate the rehabilitation procedure, in particular regarding its duration, so as to prevent the enterprise from being captured. legal grounds, as well as to regulate the bankruptcy of enterprises located in the occupied territories of Crimea and parts of Donetsk and Luhansk regions. Bankruptcy Code of Ukraine needs further improvement in this part, and theoretical and scientific developments will give impetus for the further development of the bankruptcy institute.

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