scholarly journals PROBLEMAL ISSUES ON THE APPOINTMENT AND CONDUCT OF FORENSIC EXAMINATION in COMMERCIAL LITIGATION

2019 ◽  
Vol 20 (2) ◽  
pp. 190-206
Author(s):  
I. Popovich ◽  
A. Sviderskyi
Keyword(s):  
Forensic Science ◽  
Legal Status ◽  
Modern Society ◽  
State Institution ◽  
Legal Regulation ◽  
Scientific Development ◽  
Forensic Examination ◽  
Legitimate Interests ◽  
Legal Mechanism ◽  
Use Of Knowledge

One of the main conditions for the construction and functioning of the rule of law is the legal regulation of all spheres of human activity, the creation of a reliable effective legal mechanism of state protection of all natural and acquired human rights, in accordance with their legal status. The rapid growth of the needs of modern society in the use of knowledge from various fields of science, technology, art, crafts does not go around such a public sphere as the sphere of legal proceedings, and understanding the importance of special knowledge to establish the truth in economic affairs gives reason to consider forensic science as an independent institution for protecting rights and the legitimate interests of citizens, legal entities and the interests of the state as a whole. In any branch of law, there are branch institutes. In those cases when a particular institution combines the norms of two or more branches of law, it is considered intersectoral. A separate legal institution is a set of rules governing a certain group of legal relations, which are personified by virtue of their specificity. The integration of the achievements of various sciences into the practice of proof is a natural and traditionally studied phenomenon for economic proceedings. But the constant development of all social processes and relations determines the dynamic processes in the sphere of their legal regulation, which are reflected in the changes in the relevant regulatory legal acts. Due to the intensification of legislative activity in Ukraine, which has been manifested in recent years, there is not only inconsistency of the provisions of certain legal acts among themselves, but also contradictions to constitutional principles, and in some cases, to the laws of scientific development of certain branches of knowledge. Unfortunately, such processes are also characteristic of such an important state institution as justice and its individual institutions, in particular, forensic science. In connection with the above, there is a need to analyze the problematic issues of the appointment and conduct of forensic examination in economic proceedings.

THE OMBUDSMAN INSTITUTION IN TURKMENISTAN

2019 ◽  
Vol 1 (XIX) ◽  
pp. 19-33
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Legal Status ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Author State ◽  
Legislative Framework ◽  
Legal Mechanism

This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.

scholarly journals Determination of the criteria of destructiveness in the activities of new religious movements (theoretical and legal aspect)

2021 ◽  
Vol 26 (4) ◽  
pp. 209-215
Author(s):  
Vera B. Romanovskaya ◽  
Bika A. Immayeva
Keyword(s):  
Legal Aspect ◽  
Social Activity ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Religious Associations ◽  
Legitimate Interests ◽  
Conducting Research ◽  
The One ◽  
Health Rights

The confessional composition of modern society is characterised by great diversity. In addition to traditional religious organisations, new (non-traditional) religious and socio-spiritual movements operate in it, representing a whole spectrum of religious, quasi-religious and pseudo-religious cults, whose teachings and practices can be both destructive and constructive. In carrying out legal regulation of the activities of religious associations, the state must, on the one hand, ensure the freedom of conscience and religion guaranteed by the Constitution, and on the other hand, protect society from destructive cults that can harm morality, health, rights and legitimate interests of citizens, the constitutional order and security of the state. Therefore, one of the most important tasks of modern social sciences, including legal ones, is the study of the spiritual «temperature» of society; conducting research aimed at identifying the causes of negative and positive processes occurring in the spiritual sphere of society, as well as determining the specifics of non-traditional religiosity as a special form of social activity. Based on the analysis and interpretation of rich empirical material, the authors formulated a list of criteria by which one can separate destructive (totalitarian) sects from new religious or intellectual (spiritual) movements of a positive nature. The proposed list of criteria can be used by law-making and law enforcement bodies in the framework of improving the legal regulation of the activities of religious associations and building state-confessional policy in general.

scholarly journals LEGAL NATURE OF THE TERM OF PRECIOUS STONES IN FORENSIC EXAMINATION: PROBLEMS AND WAYS FOR THEIR RESOLUTION

2020 ◽  
Vol 22 (2) ◽  
Author(s):  
P. Baranov ◽  
R. Kirin ◽  
S. Shevchenko
Keyword(s):  
Forensic Science ◽  
Practical Interest ◽  
Legal Framework ◽  
Legal Regulation ◽  
Rights Protection ◽  
Forensic Examination ◽  
Legal Nature ◽  
Regulation Of Activity ◽  
And Control ◽  
Precious Stones

The article addresses general issues of applying the regulatory adopted term “precious stones” regarding forensic examination practice in Ukraine, including in the field of subsurface resources management and gemological evaluation of jewelery. It is shown that domestic legal framework requires to introduce a separate law on gemstones circulation taking into account general principles of property valuation and consumer rights protection. The Article Purpose is to formulate an author’s contribution to the analysis of problems connected with disclosure of gemstones legal nature in the field of forensic science and the development of proposals for their possible overcoming. The necessity in special legal regulation of activity on mining, production, use, storage of gemstones and manufactures thereof, forensic examination and control over operations with it, is defined by intensity of its circulation as well as by the character of legal objects: their rarity in nature, high cost, easy falsification, and, consequently, by increased attention from fraudsters and criminals. The current situation demands to adopt corresponding regulatory measures aimed at ensuring valuables economic use, protecting gemstone consumers from fraud, preventing the use of valuables while legalizing acquired illegally funds. According to the authors, the article outlines three components of which legal nature of a stone is formed in forensic science: 1) the meaning content in which the term “precious stones” is used in gemological legislation; 2) criteria which are the basis of gemstones classification; 3) unambiguity and clarity of definitions associated with gemstones in forensic legislation. The term “gemstones” in forensic science has subsidiary meaning, since in this case the stone cost should possess a dominant meaning as an object of forensic gemological analysis. Existing gemological classifications are not of modern scientific and practical interest, as the lack of a gemstone cost indicator makes them declarative in terms of forensic science. Forensic gemological analysis should be guided by the requirements of gemological, forensic and procedural branches of legislation, and precious stones acting as its object should be considered as property (goods) which is characterized by specific signs of a physical, economic and legal nature as well as an identifier.

Human rights violations by war crimes: Theory and practice

2021 ◽  
Vol 28 (4) ◽  
pp. 270-278
Author(s):  
Volodymyr P. Pylypenko ◽  
Khrystyna T. Sliusarchuk ◽  
Pavlo B. Pylypyshyn ◽  
Svitlana V. Boichenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Modern Society ◽  
War Crimes ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Human Rights Violations ◽  
Legitimate Interests ◽  
Legislative Amendments ◽  
Comprehensive Study

This paper provides a comprehensive study of theoretical and practical issues of violation of human rights by war crimes, protection of legitimate interests of individuals in national and international law as a result of such violation. The purpose of this study is a comprehensive analysis of theoretical and applied issues related to the protection of violated rights and legitimate interests of individuals in public international law as a result of the commission of war crimes, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. The paper analyses the current scientific opinions and legislation on the regulation of illegal acts and liability for damage caused to victims as a result of violation of human rights and fundamental freedoms by war crimes. Furthermore, the existing forms, methods, and means of protecting the rights and legitimate interests of such persons in Ukraine and in the international arena were determined. The paper also provides a comprehensive study of the existing concept, legal nature and main features of war crimes and their legal regulation in Ukrainian legislation. Legislative amendments to the regulations governing this issue are proposed and the study justifies the position regarding the existence of an exclusively judicial procedure for resolving issues of human rights violations by war crimes, the result of which should be the adoption of a court decision. As a result of the study, the current scientific statements and achievements are clearly identified, as well as those that have emerged due to the constant development of public relations and substantial changes in international relations of various states, which causes armed conflicts and war crimes. One of the achievements of the scientific study is the proof of the importance of the problem of violated human rights in modern society and the extreme need for its research. After all, modern legislation requires substantial changes and improvement of the existing provisions with the subsequent possibility of their practical application

scholarly journals Usage of special software for mobile devices for improving efficiency of road traffic safety

2020 ◽  
pp. 1-10
Author(s):  
Aleksei Viktorovich Amelichkin ◽  
Maksim Mikhailovich Isaev
Keyword(s):  
Mobile Devices ◽  
Social Relations ◽  
Traffic Safety ◽  
Road Traffic ◽  
Legal Framework ◽  
Legal Regulation ◽  
Road Traffic Safety ◽  
Special Software ◽  
Legitimate Interests ◽  
Legal Mechanism

The subject of this research is the system of legal relations in the area of ensuring road traffic safety. The object of this research is the social relations emerging in the process of recording administrative legal relations via special software for mobile devices for improving efficiency of road traffic safety. The goal of this article consists in examination of the normative legal framework that regulates the usage of special software for mobile devices in law enforcement. The authors examine the issues of normative legal regulation of the process of recording administrative offences with regards to road traffic safety using special software for mobile devices. Special attention is given to the usage of special software for mobile devices when determining the elements of an administrative offence. The novelty this research is defined by the need to improve legal mechanism for recording administrative offences in the area of road traffic safety using special software for mobile devices, prevention of infringement of rights and legitimate interests of road users in the area of ensuring road traffic safety. The authors describe the problems and propose solutions aimed at improvement of legal mechanism for recording administrative offences in the area of road traffic safety via special software for mobile devices. The main conclusion consists in the need for revising normative legal acts in the area of ensuring road traffic safety for the purpose of improvement of the effectiveness of special software.

scholarly journals Implementation of FATF approaches to the regulation of virtual assets in the legislation of the Russian Federation: development prospects

2020 ◽  
pp. 138-147
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Monetary System ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Development Prospects

The emergence and dissemination of digital values, and, above all, cryptocurrencies, necessitated their legal regulation. The article analyzes the basic FATF requirements to the legal regulation of virtual assets. The article discusses legislative novelties that enshrine the legal status of utilitarian digital rights, as well as the main provisions of the draft federal law “On Digital Financial Assets”, which is currently being discussed in the State Duma of the Federal Assembly of the Russian Federation. Particular attention is paid to the approaches to the legal regulation of cryptocurrencies. The risks arising from the legal circulation of cryptocurrencies are identified and systematized. It is concluded that deciding on the legalization of cryptocurrency requires provision of mechanisms protecting the rights and legitimate interests of its owners as well as mechanisms preventing possible negative impact of cryptocurrency on the state’s monetary system.

scholarly journals Forms of the exercise of judicial power in criminal proceedings in the context of the procedural status of the court as a participant in criminal proceedings

2019 ◽  
Vol 13 (3) ◽  
pp. 376-385
Author(s):  
P. A. Lutsenko ◽  
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
State Institution ◽  
Judicial System ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Structural Mechanism ◽  
Legitimate Interests ◽  
The One ◽  
Principle Of Legality

The article analyzes the procedural status of the court as a participant in criminal proceedings, taking into account the specifics of its legal status and its functions. The legal status of the court in criminal proceedings is determined by the lack of public or personal interest in the outcome of the criminal case, which not only determines the adversarial form of proceedings, but also guarantees the independence of the judiciary in the administration of justice. The author comes to the conclusion that the concept of “court” is collective, because, on the one hand, it is a state institution that is part of the judicial system, on the other hand, a judge is a carrier of power, considering a criminal case on the merits and making decisions stipulated by by law. The judicial system has a sign of instancedness, due to its internal hierarchical structure. The presence of judicial instances predetermines the movement of a criminal case, is a structural mechanism for the implementation of the function of internal judicial control and supervision and also protects the rights and legitimate interests of participants in criminal proceedings and other interested parties. The powers of the court are considered on the basis of a functional criterion, namely: resolution of the criminal case on the merits; control over the activities of preliminary investigation bodies; consideration of complaints about actions (inaction) and decisions of officials conducting criminal proceedings; response to the violations of the rights and freedoms of citizens, the principle of legality, established circumstances that contributed to the commission of a crime committed during the criminal proceedings by issuing a private ruling or decision.

scholarly journals Risks of genomic research

2019 ◽  
pp. 55-61
Author(s):  
A. A. Pestrikova
Keyword(s):  
Clinical Trials ◽  
Genetic Engineering ◽  
Legal Status ◽  
Legal Regulation ◽  
Genomic Research ◽  
Vitro Fertilization ◽  
Society Application ◽  
Legitimate Interests ◽  
The Right

The article considers the main achievements in the field of genetic engineering and biomedicine in the context of formation of the concept of legal regulation of relations in question. The article considers the issues of applying the human DNA editing technology considered by the Nuffield Council on Bioethics in July 2018. The author substantiates the necessity of determining the legal status of the embryo for its use in clinical trials of gene modifications. The paper considers the risks regarding the use of genetic engineering in relation to the person associated with the possibility of social inequality in the society, application of eugenistic approaches, and the probability of selecting the quality characteristics of embryos by parents resorting to in vitro fertilization. The author concludes that it is necessary to form national and international legislation that will protect the rights and legitimate interests of all subjects and will exclude circumvention of the law and abuse of the right. In addition, it is important to ensure international and public control over the use of the latest advances in genetic engineering and biomedicine prior to conducting clinical trials on humans.

scholarly journals UNITY OF SCIENCE AND PRACTICE IN LEGAL EXPERTISE

2019 ◽  
Vol 19 (1) ◽  
pp. 158-172
Author(s):  
E. Popovich
Keyword(s):  
Forensic Science ◽  
Professional Education ◽  
Legal Regulation ◽  
Scientific Article ◽  
General Will ◽  
Scientific Disciplines ◽  
Scientific Potential ◽  
Legitimate Interests ◽  
Expert Science ◽  
Education Science

The formation of Ukraine as a rule of law state, the improvement of the legal regulation of the use of special knowledge in order to properly and efficiently protect the rights and legitimate interests of individuals and legal entities and the state, eliminating the inconsistency of the provisions of the law regarding examination, objectively require an analysis of the current state of science and practice in forensic science activity. Forensic science covers a considerable number of scientific disciplines and actual problems of teaching expert science. The scientific article proposes to use the scientific potential of expert institutes, educational institutions and research institutions engaged in applied research. Cooperation between institutions involved in expert research, due to their scientific achievements and methodological developments, can increase professional ability in the investigation of certain categories of crimes, and will also contribute to the integration of forensic activities and will lead to the harmonization and improvement of national legislation, theoretical foundations of forensic activities, international recognition of its individual components and, in general, will increase professional masters of experts. Ways to improve the professional education of future judicial experts are analyzed. In this paper, the ideas for solving the urgent problem of unity and interaction of education, science and practice have been expressed, and hopefully they will be taken into account.

scholarly journals The place of the prisoners’ rights protection in the content of the punishment

2021 ◽  
pp. 119-130
Author(s):  
M. V. Romanov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Security Requirements ◽  
Criminal Punishment ◽  
Criminal Sanctions ◽  
Rights Protection ◽  
Current State ◽  
Penal Law ◽  
Legitimate Interests ◽  
Definition Of

The article is devoted to the study of the prisoners’ rights as an element of their legal status that can influence the determination of the purpose of the punishment. Consideration has been given to the purpose of criminal punishment under Ukrainian criminal law and the real practical possibilities of achieving this aim have been analysed. The author concludes that the existing purpose of the criminal punishment is manifest in its lack of viability, which results from the impossibility of achieving it. The article states that the current state of legal relations and the development of society require changes in the purposes of punishment and the content of penal enforcement activities. Reviewing the process of transforming the perception, purpose and means of achieving punishment in penal law, the researcher argues that the principle in this sense is to ensure and respect the legal status of the prisoners, guarantees for the protection of their rights, legitimate interests and duties. The author points out that the law seeks to ensure that the rights of convicted persons are respected, but does not define it as the purpose of punishment. It is this fact that one sees inconsistency in the legal regulation and, as a consequence, the failure to meet this requirement in the enforcement of criminal sanctions. In his work, the author argues for the need to ascertain during the enforcement of sentences the needs of prisoners, to take into account their interests and, ultimately, to ensure the rights of prisoners, to create conditions for meeting their basic needs, and, above all, security requirements. In the conclusions, the author provides a doctrinal definition of the purpose of the punishment.

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