scholarly journals About definition of the concept and essence of the criminal and executive policy of Ukraine

2021 ◽  
pp. 317-321
Author(s):  
D.О. Pylypenko
Keyword(s):  
State Policy ◽  
The State ◽  
Domestic Policy ◽  
Scientific Concepts ◽  
Scientific Thought ◽  
Enforcement Policy ◽  
State Coercion ◽  
Vector Of State ◽  
Definition Of ◽  
Mandatory Use

The article is devoted to the definition of the concept and essence of the criminal-executive policy of Ukraine. The article presents the views and positions of leading domestic scientists on this issue. Scientific concepts on the perception of penitentiary policy as one of the areas of domestic activities for the execution and serving of crim-inal sentences are analyzed. The focus is on the mandatory use of the term “criminal” when defining the concept of criminal enforcement policy, as it specifies the relevant vector of state activity. The etymology of this term as well as the term “punishment” is also studied and it is proved that the combination of these two terms is the most appropriate and correct when determining the relevant direction of domestic policy. The views of scholars on the perception of the essence of criminal-executive policy of the state as a set of key provisions, fundamental aspects that form the basic provisions of further implementation of domestic policy in the field of execution and serving of criminal sentences are analyzed. Additionally, the perception of the essence of penitentiary policy as a direction of development of scientific thought in the field of execution and serving of criminal punishments is analyzed. Based on the analyzed, the author’s approach to defining the concept and essence of criminal executive policy of Ukraine is proposed. The article considers the positions of scholars on the use of the definition of “policy in the field of execution of criminal penalties” as an alternative to the phrase “criminal-executive policy”. The key arguments of the authors regarding the assertion of this position are analyzed, in particular, the existence of state coercion as a mandatory element of state policy in this direction. The importance of the imperative method for settling le-gal relations in this area is emphasized. The author’s position is expressed that the mentioned definitions should be perceived as absolutely synonymous when defining the state policy in the sphere of execution and serving of criminal punishments.

scholarly journals SUBJECT FACTOR OF CRIMINAL EXECUTIVE POLICY OF UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 126-134
Author(s):  
Dmytro Pylypenko ◽  
Keyword(s):  
State Policy ◽  
Legal Status ◽  
Internal State ◽  
Religious Organizations ◽  
Domestic Policy ◽  
Enforcement Policy ◽  
Domestic Legislation ◽  
Regulation Of Activity ◽  
Subject Factor ◽  
Definition Of

The article is devoted to the definition of the subjects of formation and implementation of the criminalexecutive policy of Ukraine. The article presents the views and positions of domestic scientists on this issue. The article focuses on the subjective component of the national penitentiary policy of Ukraine. Theoretical positions on the definition of subjects of both the formation and implementation of this type of domestic policy are analyzed. The provisions of the domestic legislation on the definition of the subjects of criminal-executive policy on which both the function of formation and implementation of the specified policy is assigned are determined. The normative specifics of regulation of activity of these subjects in the direction of formation and realization of the specified kind of internal state policy are considered. The article expresses the author's position on the specifics of the activities of each of the subjects of formation and implementation of criminal enforcement policy. The legal status and peculiarities of normative regulation of specifics of activity of both state bodies and public, religious organizations, and private persons within the limits of formation and realization of criminal-executive policy are analyzed. Emphasis is placed on the importance of the perception of the subjects of this type of domestic policy only in the complex, taking into account the key and integral elements. These elements include both the category of «formation» and «implementation» of penitentiary policy. These entities are the only group that carries out comprehensive activities within the domestic penitentiary policy and these activities take into account both aspects of the formation and implementation of this policy. The article expresses the author’s position on determining the list of subjects of formation and implementation of the criminalexecutive policy of Ukraine, taking into account the legal status, legal affiliation and specifics of the activity.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

IMPROVEMENT OF MECHANISMS OF PUBLIC POLICY IMPLEMENTATION IN THE SOCIO-HUMANITARIAN SPHERE

2018 ◽  
Author(s):  
Andrii Moisiiakha ◽  
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Public Administration ◽  
State Policy ◽  
The State ◽  
Practical Implementation ◽  
Humanitarian Mission ◽  
Legal Nature ◽  
Public Policy Implementation ◽  
Definition Of

The article is devoted to the problems of finding ways to improve the mechanisms of implementation of state policy in the socio-humanitarian sphere. The purpose of this article is to identify areas for improvement of mechanisms for implementing public policy in the socio-humanitarian sphere, taking into account the needs of their unification within a single approach to the organization of social processes in the analyzed area. Achieving this goal has provided solutions to more practical problems: the development of goals, objectives, areas of state policy in the socio-humanitarian sphere, as well as organizational and legal support for its implementation. All this together will allow to introduce quite detailed algorithms and tools for managing the socio-humanitarian development of Ukraine and to quickly and effectively overcome the negative risks that arise in it. The content, essence and state-legal nature of mechanisms of public administration, as a set of ways and tools of practical realization of state policy are revealed. The analysis of modern approaches to understanding the essence of mechanisms of public administration is carried out. The author's definition of the mechanism of public administration in the socio-humanitarian sphere is offered. The content and essence of state policy in the socio-humanitarian sphere are revealed. The conclusion concerning the basic determinants and features of its development is made. Approaches to the formation of mechanisms for the implementation of state policy in the socio-humanitarian sphere are generalized. The need to further unify approaches to the implementation of such public policy in different sectors of the socio-humanitarian sphere has been proved. The main directions of improvement of mechanisms of its realization are allocated. The mechanism of state policy implementation in the socio-humanitarian sphere is defined as a set of nonlinear sets of tools and methods of state influence, which is implemented through appropriate management decisions (a set of measures as components of state policy) to develop the rights and interests of citizens and practical implementation. guarantees of the state in the fields of education, health care, social security, as well as others covered by the humanitarian mission of the state and able to influence the formation of productive forces, human, intellectual and social capital in society.

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

scholarly journals ON SOME FOREIGN AND DOMESTIC POLICY ISSUES OF MIDDLE ASSYRIAN EMPIRE

2018 ◽  
pp. 19-33
Author(s):  
RUSLAN TSAKANYAN
Keyword(s):  
State Policy ◽  
First Record ◽  
The State ◽  
Domestic Policy ◽  
Construction Work ◽  
Policy Issues ◽  
First Time

The article focused on the issues of the conquest of Assyria by the Kingdom of Mittani, and expressed an opinion that Mittanian supremacy over the Aššur was not long-lasting. Based on the construction work of Aššūr-bēl-nīšēšu (1407-1399 B.C.) and the fact of the treaty concluded between Karaindaš I, king of Babylon, it is evident that the king of Aššur was acting as an independent ruler. We assume that hardly being under the domination of the Kingdom of Mittani, he could have established diplo- matic relations with a third country and to the resolve border issues. Thus, proceeding from the above, it can be clearly stated that the chronological problems of Mittanian domination over Aššur need to be revised. And the Middle Assyrian Kingdom should be dated to the reign of Aššūr-bēl-nīšēšu. Among the Middle-Assyrian kings' well-known inscriptions the first record of deportation in the area of Assyria we meet during the reign of Arik-dēn-ili (1307-1296 B.C.), and then in the reign of his son Adad-nīrāri I (1295-1264 B.C.). Kings of the Middle Assyria, mostly destroyed and plundered of conquered territories. Only in the inscription of Aššūr-bēl- kala (1074-1057 B.C.) for the first time we meet one of the earliest manifestations of the king's use of deportation and resettlement. It should also be noted that before the reign of Tukultī-apil-Ešarra (Tiglath-pileser) III (745-727 B.C.) this policy was not included in the agenda of the state policy, so the taking and transfering prisoners to the land of Assyria or any other country cannot be regarded as a mass deportation.

scholarly journals THE CONCEPT AND SIGNS OF METHODS OF IMPLEMENTATION OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF FORMATION AND IMPLEMENTATION OF THE STATE WEAPONS POLICIES IN UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 175-182
Author(s):  
Т. А. Шумейко
Keyword(s):  
Law Enforcement ◽  
State Policy ◽  
Public Law ◽  
The State ◽  
Scientific Article ◽  
Mechanism Of Formation ◽  
The Public ◽  
Modern Methods ◽  
Definition Of ◽  
Legal Mechanism

The purpose of the scientific article is to clarify the essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. This goal can be achieved by performing the following tasks: 1) to clarify the approaches of lawyers-administrators to understand the concept of "methods"; 2) outline the special features of the studied methods; 3) to formulate the definition of the concept "methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine"; 4) summarize the results of the study. The article is devoted to clarifying the complex essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. The studied methods are interpreted as provided by law a set of volitional techniques (methods, means) used within the forms of implementation of the specified administrative and legal mechanism by its subjects (within their powers) to solve a set of tasks and achieve state policy of formation and implementation of state policies in the field of arms circulation in Ukraine. The opinion is substantiated, according to which the methods of realization of the administrative-legal mechanism of formation and realization of the state policy in the sphere of arms circulation are characterized by the fact that they: are special conscious ways (receptions, means) of achievement of the purpose, the decision of tasks and realization of functions of the administrative-legal mechanism. implementation of state policy in the field of arms circulation; are manifested in the forms of implementation of this administrative and legal mechanism through the subjects, objects of such a mechanism; reflect the public interest in the field of arms trafficking; apply to all participants (potential participants) of public-law relations on the formation and implementation of state policy in the field of arms circulation in the state, as well as to the personnel of the subjects of power; in essence, cover the methods of law enforcement and management methods (methods of persuasion, coercion, control and supervision). The conclusions to the article summarize the results of the study.

scholarly journals The Theoretical Aspects of Defining the Essence of Fiscal Instruments

2021 ◽  
Vol 7 (522) ◽  
pp. 228-233
Author(s):  
K. S. Shaposhnykov ◽  
◽  
D. V. Krylov ◽  
I. V. Yakushko ◽  
◽  
...  
Keyword(s):  
National Economy ◽  
State Regulation ◽  
The State ◽  
Scientific Concepts ◽  
State Budget ◽  
Fiscal System ◽  
Definition Of ◽  
Economic Instrument ◽  
Stimulation Of

The main aim of this article is to research the existing scientific concepts for considering the essence of the category of «fiscal instrument» and substantiate the essence of this definition. It is noted that there is an urgent issue of deepening the provisions formed and also developing further provisions in the field of functioning of the fiscal system, searching for the optimal model when developing such a system. Thus, there is a need for the implementation of new researches in this sphere to deepen the theoretical aspects of the functioning of the fiscal system, including the need to substantiate the content of certain scientific categories and specify existing ones. The article considers the essence of the category of «economic instrument», analyzes the existing concepts of research of this definition. It is determined that this type of instruments is an integral part of the whole mechanism of the State regulation of the national economy, stimulation of the development of certain sectors of the economy, management of the State property. This allowed us to continue to study the role of various types of economic instruments in ensuring the efficient functioning of the national economy, in particular fiscal ones. It is also determined that in the vast majority of cases, using the category of «fiscal instrument», scientists often identify it with the definition of «tax instrument». In a significant number of works when considering derivative scientific concepts from the word «fiscal», it is also not enough attention to specify the content of fiscal instruments. Thus, the article proposes to consider the content of the category of «fiscal instrument» as follows: fiscal instrument – a means used to save financial resources of economic entities in order to generate the State budget revenues.

Investment Security as a Factor of Steady Economic Development

2010 ◽  
pp. 16-25
Author(s):  
S. Naryshkin
Keyword(s):  
Economic Development ◽  
National Economy ◽  
State Policy ◽  
Economic Security ◽  
The State ◽  
Security Requirements ◽  
Russian Economy ◽  
Definition Of ◽  
Stable Development

The article argues for the growing role of economic security factors in the situation of post-crisis development. The paper is focused on the problem of investment security of the national economy. The article contains the definition of investment security and its basic criteria. The author designates major directions and tools of the state policy directed at maintenance of investment security requirements as a condition of stable development and modernization of the Russian economy.

scholarly journals State national security policy and intellectual property issues

2021 ◽  
pp. 19-33
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
National Security ◽  
State Policy ◽  
Security Policy ◽  
The State ◽  
Destabilizing Factors ◽  
Definition Of ◽  
Political Economic ◽  
The Impact ◽  
Further Development

Keywords: state policy, national security, intellectual property National security (“NS”) of Ukraine is achieved through a balancedstate policy in accordance with accepted doctrines, strategies, concepts and programsin such areas as political, economic, social, military, environmental, scientific andtechnological, information, etc.However, many theoretical and practical issues concerning the definition of thecontent, challenges, tasks and mechanisms of implementation of effective functions ofpublic policy and management decisions for the further development of social processesstill remain insufficiently studied. Therefore, the main tasks of the NS system subjectsare constant monitoring of the impact on NS of processes taking place in variousfields (including intellectual property), forecasting, identifying and assessing possiblethreats, destabilizing factors and conflicts, their causes and occurrence consequences.In particular, the impact on NS (especially on defence capabilities) of the significantdevelopment of intellectual property and the full use of intellectual property rights isnot taken into account at all.State NS policy should include measures to prevent the emergence and neutralizationof sources of threats to NS under the influence of the development of intellectualproperty.Theoretical aspects of the state policy of National Security and Defence of Ukraine(“NSDU”) development are considered. The necessity of current problems definition inthis sphere and the inclusion of intellectual property questions in these processes isinvestigated. It is determined that the effective implementation of the state NS policyis impossible without a comprehensive analysis of intellectual property issues impacton the sphere of the NSDU. The importance of further research on the development ofa unified approach to improving the protection of intellectual property and its determinationas a component of NSDU, the development of appropriate recommendationsto address issues of intellectual property in this area and to neutralize sources ofthreats under the influence of intellectual property in the structure of NSDU.

Moral-Philosophical Expertise as a Tool of Evolution of Law (A Case Study of Program-Strategic Documents)

2019 ◽  
pp. 21-26
Author(s):  
O. S. Ladeinova
Keyword(s):  
Alcohol Abuse ◽  
Russian Federation ◽  
State Policy ◽  
Legal Status ◽  
Senior Citizens ◽  
The State ◽  
Consistent System ◽  
The Russian Federation ◽  
Definition Of

The article deals with the balance between morality and law. The author raises the issue of the need to increase the authority of law by means of moral and philosophical expertise. The paper focuses on the question of the need to develop the technology of moral and philosophical expertise. An attempt is made to conduct a moral and philosophical expertise on the basis of program and strategic documents, namely: «Strategy for action in t he interests of senior citizens in the Russian Federation 2025» and «The Concept of Implementation of the State Policy on Reduction of Alcohol Abuse and Prevention of Alcoholism among the Population of the Russian Federation for the Period up to 2020.» On the basis of the analysis of these documents the conclusion is made about the necessity of carrying out moral and philosophical examination in order to increase the efficiency of implementation of program-strategic documents. In addition, the author highlights the lack of the definition of the legal status of program and strategic documents at the legislative level, as well as the order and consistent system of adoption of such documents, which results in their ineffectiveness.

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