scholarly journals FINANCIAL OFFENSES IN THE CIRCULATION OF MEDICINES IN THE CONTEXT OF GLOBALIZATION

2019 ◽  
Vol 4 (5) ◽  
pp. 140
Author(s):  
Oksana Kuzmenko ◽  
Tetiana Matselyk ◽  
Viktoriia Chorna
Keyword(s):  
Drug Trafficking ◽  
Legal Regulation ◽  
Pharmaceutical Market ◽  
Structural Method ◽  
Negative Effects ◽  
Legal Principles ◽  
Legal Method ◽  
State Of Affairs ◽  
Definition Of ◽  
Key Aspects

The aim of the article is to study theoretical legal principles of financial offenses in the circulation of medicines in the context of globalization. The subject of the study is financial offenses in the circulation of medicines in the context of globalization. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the challenges of the circulation of medicines in Ukraine. The comparative legal method enabled to compare doctrinal approaches to the differentiation of medicinal products in the pharmaceutical market in Ukraine and the EU as a whole. The system-structural method contributed to the consideration and identification of the most negative effects of the shadow circulation of medications on the Ukrainian economy. The methods of grouping and classifying were the basis for the author’s approach to the identification of types of trafficking in medicines in Ukraine. The technical legal method enabled to interrogate the state of affairs in the regulatory and legal regulation of the national system of the pharmaceutical market of Ukraine and highlight the problematic issues of drug trafficking in the pharmaceutical market of Ukraine, as well as the negative trends in increasing the total medication circulation in the shadow pharmaceutical market. The results of the study enabled to highlight the drivers of the prosperity of drug trafficking in the pharmaceutical market in Ukraine. Practical implications. In the study: first, the key aspects of the definition of the concept and types of financial offenses in the circulation of medicines are outlined; second, the challenges of detection of financial offenses in the circulation of medicines in Ukraine are underlined, and scientific approaches to certain financial and legal challenges of detection, available in the special literature, are analysed and compared; third, the author’s original perspective concerning potential solutions to the challenges of detection of financial offenses in the circulation of medicines in Ukraine is substantiated. Relevance/originality. The original author’s approach to the definition of the concept, types, and challenges of detection of financial offenses in the circulation of medicines is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals FINANCIAL AND ECONOMIC BASES OF THE FUNCTIONING OF STATE EXECUTIVE BODIES: PAST, PRESENT AND PROSPECTS OF IMPROVEMENT

2019 ◽  
Vol 5 (1) ◽  
pp. 126
Author(s):  
Oleksandr Mykolenko ◽  
Iryna Lychenko ◽  
Olena Klymiuk
Keyword(s):  
Executive Branch ◽  
Administrative Reform ◽  
Structural Method ◽  
Legal Regulations ◽  
Negative Effects ◽  
Scientific Methods ◽  
Legal Method ◽  
History Of ◽  
State Of Affairs ◽  
Definition Of

The aim of the article is to analyse legal regulations and perspectives available in the specialized literature concerning financial and economic bases of the functioning of state executive bodies, which should be strengthened and formed according to one of the areas of administrative reform in Ukraine. The subject of the study is financial and economic bases of the functioning of state executive bodies: past, present, and prospects of improvement. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to analyse the legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies. The comparative legal method was used to improve the system of executive bodies and their authorities’ exercise. The system-structural method enabled to consider and identify the most negative effects of the insufficient financing of executive branch activities and the exercise of their authorities. The methods of grouping and classifying were the basis for the author’s approach to the identification of forms of financing state executive bodies. The technical legal method enabled to interrogate the state of affairs in financial and economic bases of the functioning of state executive bodies. The results of the study enabled to highlight the drivers of the improvement of forms of financing state executive bodies. Practical implications. In the study, scientific sources and legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies are interrogated. The article highlights that strengthening and forming new financial and economic bases of the functioning of state executive bodies have been provided for by one of the areas of the Concepts of Administrative Reform, which nowadays is implemented both at the legislative and law enforcement levels. It was concluded that the formation of new financial and economic bases of the functioning of state executive bodies failed. There is only modelling of certain forms of financing of state executive bodies, familiar to the history of the origin and development of these bodies. Therefore, financial and economic bases of the functioning of state executive bodies should be interrogated by representatives of both administrative and financial law not only from a historical perspective or from a modern perspective but also with a view to the future. Relevance/originality. The original author’s approach to the definition of financial and economic bases of the functioning of state executive bodies is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals FINANCIAL CONTROL AS A MEANS OF COUNTERING ECONOMIC CORRUPTION IN UKRAINE

2018 ◽  
Vol 4 (4) ◽  
pp. 233-237
Author(s):  
Oksana Kuzmenko ◽  
Oleksii Drozd ◽  
Viktoriia Chorna
Keyword(s):  
Informal Economy ◽  
Legal Regulation ◽  
Financial Control ◽  
Structural Method ◽  
Legal Principles ◽  
Legal Method ◽  
Hidden Economy ◽  
Negative Impacts ◽  
Key Aspects ◽  
Original Approach

The aim of the article is to study the theoretical and legal principles of organization and implementation of financial control as a means of countering economic corruption in Ukraine. The subject of the study is financial control as a means of countering economic corruption in Ukraine. Methodology. The research is based on the use of general scientific and special scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the preconditions for the origin of corruption as a negative social phenomenon. The comparative and legal method was used to compare doctrinal approaches to the differentiation of types of financial control. The system-structural method contributed to the perception and identification of the most negative impacts of corruption on the country’s economy. The methods of grouping and classification were the basis for the author’s original approach to the distinction between the types of the shadow economy, such as the informal economy, hidden economy, and criminal economy. The technical legal method enabled to investigate corruption in Ukraine, to identify its shortcomings, gaps, contradictions, and miscalculations, as well as to develop recommendations aimed at their elimination. The results of the study revealed that the ineffectiveness of state financial control in Ukraine contributes to the blossoming of corruption in Ukraine, due to the lack of legal regulation of its implementation and coordination in the activities of various controlling bodies, the weakness of the legal and methodological basis of their activities. They define law-making, law-executing, and law-enforcement activities, coordinate the functioning of financial and legal regulation. Practical implications. In the research, first, the key aspects of the genesis of financial control as a means of countering economic corruption in Ukraine are outlined; second, scientific approaches to their classification in the special literature are analysed and compared; third, the author’s original differentiation is substantiated. Relevance/originality. The author’s original approach to the differentiation of financial control as a means of countering economic corruption in Ukraine is the basis for developing the most promising directions for the improvement of domestic legislation in this area.

scholarly journals DOCTRINAL CHARACTERISTIC OF PUBLIC PROCUREMENT OF MEDICINES AS A FUNDAMENTAL ELEMENT OF STATE FINANCIAL GUARANTEES FOR THE PHARMACEUTICAL SPHERE

2019 ◽  
Vol 4 (5) ◽  
pp. 338 ◽  
Author(s):  
Oksana Strelchenko ◽  
Iryna Lychenko ◽  
Liubov Shevchenko
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
Scientific Methods ◽  
Legal Method ◽  
Domestic Legislation ◽  
General Scientific ◽  
State Of Affairs ◽  
Key Aspects

The aim of the article is to study theoretical, methodological, and doctrinal approaches to public procurement of medicines and on this basis to determine ways to improve domestic legislation in this sphere. The subject of the study is public procurement of medicines. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the preconditions for public procurement of medicines as a fundamental element of state financial guarantees for the pharmaceutical sphere in Ukraine and in the world, as well as the development of scientific and theoretical views on the nature, problems, and methods of public procurement of medications. The comparative legal method enabled to compare doctrinal approaches to public procurement of medicinal products. The systemstructural method contributed to the consideration of public procurement of medications as a fundamental institutional and functional element of state financial guarantees for the pharmaceutical sector. The methods of grouping and classifying were the basis for the author’s approach to public procurement of medicines for the most important and practically significant criteria. The technical legal method enabled to interrogate the state of affairs in the statutory and legal regulation of the national system of public procurement of medications, to identify its disadvantages, gaps, contradictions and miscalculations, as well as to develop recommendations aimed at their elimination. The results of the study revealed that public procurement of medicines should be considered as an activity of a public administration or specialized agencies authorized by it, aimed at purchasing medicinal products by the procurer funded from taxpayer’s money and preserving the health of citizens via a transparent control by the state (via the Prozoro system). Practical implications. In the study: first, the key aspects of the genesis of public procurement of medicines are outlined; second, scientific approaches to their characteristics, available in the special literature, are analysed and compared; third, the author’s original perspective concerning legislative regulation and consolidation in the current legal regulations is substantiated. Relevance/originality. The original author’s approach to the doctrinal principles of public procurement of medications is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals TOPICAL ISSUES OF FINANCING ELECTRONIC LEGAL PROCEEDINGS IN UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 100
Author(s):  
Nataliia Kovalenko ◽  
Ian Bernaziuk
Keyword(s):  
Justice System ◽  
Practical Implementation ◽  
Structural Method ◽  
Court System ◽  
Negative Consequences ◽  
Legal Proceedings ◽  
Legal Method ◽  
Current State ◽  
State Of Affairs ◽  
Key Aspects

The aim of the article is to interrogate and reveal the current issues of financing electronic legal proceedings in Ukraine. The subject of the study is the financing of electronic legal proceedings in Ukraine. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to examine the current state of affairs in introducing the system of e-justice, to reveal the concept of e-Court. The comparative legal method enabled to compare the doctrinal approaches to the functioning of the ordinary system of courts and the system of e-justice. The system-structural method contributed to the consideration and identification of the most negative consequences of the delayed implementation of the e-justice system in Ukraine. The methods of grouping and classification were the basis for the author’s approach to the identification of possible sources of funding for the e-justice system. The technical legal method enabled to interrogate the state of affairs in electronic legal proceedings in Ukraine and highlight the problematic issues of the practical implementation of this institute, as well as emphasize the need to increase funding for the e-justice system in Ukraine. The results of the study enabled to distinguish problematic issues and ways of their solution in relation to the financing of the e-justice system in Ukraine. Practical implications. In the study, first, the key aspects of introducing the e-justice system in Ukraine are outlined; second, the problems of the practical implementation of the system of e-Courts in Ukraine are highlighted; third, the author’s perspective for possible ways of functioning of the e-Court system in Ukraine is substantiated. Relevance/originality. The original author’s approach to the current state of affairs in electronic legal proceedings in Ukraine and the practical problems of implementing this institute is the basis for developing the most promising areas for the improvement of domestic legislation in this sphere.

scholarly journals MACROECONOMIC RISKS: CLASSIFIED FEATURES, METHODS OF MEASUREMENT, MITIGATION PATTERNS

2019 ◽  
Vol 5 (1) ◽  
pp. 81
Author(s):  
Andrii Kovalchuk ◽  
Valentyna Dudchenko
Keyword(s):  
Practical Implication ◽  
Time Correlation ◽  
Structural Method ◽  
Negative Effects ◽  
Macroeconomic Risk ◽  
Strategic Factor ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Macroeconomic Risks

The purpose of the article is to study the essence, factors, and ways for minimization of macroeconomic risks. The subject of the study is the macroeconomic risks. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method was used for the determination of the basic causes of macroeconomic risks. The logic-semantic method was utilized for definition of the content of such concepts as “macroeconomic risk”, “collateral systems”, “oversight”. Methods of analysis and synthesis helped us to study individual mechanisms of macroeconomic risks for their prevention and minimization. The comparative legal method was used to compare doctrinal approaches to this issue. The same method was used during the study of the positive experience of European countries in relation to this issue. The system-structural method was utilized during the analysis of the most common macroeconomic models to minimize macroeconomic risks. With the help of the legal modelling method, some proposals for the prevention and minimization of macroeconomic risks were developed. Practical implication. The study of the essence of macroeconomic risks, as well as an analysis of the principles and methods of their evaluation, helped to formulate conclusions on prevention and minimization of macroeconomic risks in accordance with the requirements of the new time. Correlation/originality. The most important tools for preventing macroeconomic risks are considered. It was proved that the strategic factor in reducing the negative effects of macroeconomic risks is the “new economy” or “economy of knowledge”. The principle of civilized regulation of systemic risks is formulated. The most characteristic factors that provoke macroeconomic risks in the sphere of money laundering were identified.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Systemic approach to the choice of optical methods of forensic examination of micro-objects

2021 ◽  
Vol 39 (69) ◽  
pp. 564-580
Author(s):  
Liudmyla Havryliuk ◽  
Valentyna Drozd ◽  
Olena Nenia ◽  
Anatolii Kyslyi ◽  
Andrii Niebytov
Keyword(s):  
Systematic Approach ◽  
Systemic Approach ◽  
Optical Methods ◽  
Structural Method ◽  
Systematic Analysis ◽  
Holistic View ◽  
Legal Method ◽  
Logical Method ◽  
Examination Methods ◽  
Definition Of

The aim of the article is to analyze theoretical and methodological provisions related to the definition of directions and principles of implementation of a systematic approach to the use of optical research methods, in particular micro-objects. Subject of research is substantiation and formulation of the classification characteristics of such systematic approach, considering the requirements of forensic techniques. Methodology: The study applies such methods of scientific knowledge as dialectical method, system and structural method, logic and legal method, methods of systematic analysis, logical method. Research results: The article studies the problematic issues of a systematic approach to the choice of scientific and technical methods and means for micro-object examination. Practical consequences: The authors argue that optical methods of the micro-object examination require classifying and systematizing to provide a holistic view of their potentials, as well as the nature of the information that can be obtained about the object being examined. Value / originality: The analysis of clarified classification characteristics and requirements for examination methods in forensic science enables to propose the algorithm of the systemic approach to the creation of the open system classification of methods of micro-object examination and to make justified conclusions.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

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