scholarly journals INFORMATION AS THE BASIS FOR THE DIFFERENTIATION OF THE SUBJECT AND OBJECTS OF FORENSIC EXAMINATIONS

2017 ◽  
Vol 17 ◽  
pp. 139-146
Author(s):  
M. G. Shcherbakovskiy
Keyword(s):  
Direct Object ◽  
Legal Information ◽  
Procedural Law ◽  
Forensic Examination ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
Expert Study

The subject offorensic examination as a practical activity is one of the most important categories offorensic examinations theory. The subject offorensic examination is used to classify forensic examinations. The definition of the subject offorensic examinations through the prism of information theory categories is the most productive. Information is a part of the data about the investigated object which is used to solve a particular task. Legal information is used during investigation of crimes. The author proposes a classification of legal information. Information is divided into criminally relevant and neutral, depending on the relationship of the data to the event of the crime. Information is procedural or nonprocedural, depending on the method of receipt in accordance with the procedural law. Information is evidentiary if it presents the content of evidence by itself. Information is orienting when it’s used for organizational or tactical purposes. Information is criminalistic, expert or operative-search, depending on the methods and subjects of its receipt. Information, received by the expert during the investigation, is criminally relevant or neutral, procedural, expert, evidentiary or orienting. The data that are received by an expert, become useful information if they help to resolve issues put to a forensic expert. A special object of forensic examination (information field) is the totality of homogeneous properties of the subsumer. The direct object of an expert research is a part of a special object that is subjected to research during a specific expert study. The subject of forensic examination kind is evidentiary and orienting information that can be obtained at the contemporary stage of forensic examination development by researching a special object that is a part of the object properties offorensic examination kind. The subject ofparticular forensic examination is evidentiary or orienting information, which must be obtained by an investigation of a direct object that is the part of the properties of the particular material carrier submitted for examination.

scholarly journals Category “measure” in the theory of penal law

2021 ◽  
Vol 1 (11) ◽  
pp. 28-31
Author(s):  
V.K. BAKULIN ◽  
Keyword(s):  
Russian Federation ◽  
Legal Obligation ◽  
Procedural Law ◽  
Procedure Code ◽  
Penal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article analyzes the philosophical category “measure”, which due to its universality and comprehensiveness finds expression in law, since subjective law and legal obligation are always a measure of the possible or necessary behavior of the subjects of legal relations. The relationship of the category “measure” with the institutions of criminal and criminal procedural law is shown. The article examines the demonstrations of this category in the institutions of the penal law, which makes it possible to formulate the definition of a measure in the penal law and systematize the existing ones. There is revealed the need to change the subject of the penal law as a branch of law in connection with the empowerment of criminal executive inspectorates with the authority to implement measures of procedural coercion, provided for by the Criminal Procedure Code of the Russian Federation.

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

Accounting theories and their impact on the formation and development of social expenditure accounting

2020 ◽  
pp. 251-258
Author(s):  
Vera Savchenko ◽  
◽  
Oleksandr Gai ◽  
Oksana Yurchenko ◽  
◽  
...  
Keyword(s):  
Social Development ◽  
Point Of View ◽  
Social Costs ◽  
Social Expenditure ◽  
Economic Theories ◽  
The Subject ◽  
Accounting Theory ◽  
Relationship Of ◽  
The Relationship

The article considers the essence of accounting theories, approaches to their separation, the relationship of accounting and economic theories, and the direction of development of accounting theories in accordance with the needs of economic and social development. The approaches to the classification of accounting theories are generalized, as well as the approaches to the interpretation of «accounting theory», the peculiarities of the interpretation of the subject of accounting from the point of view of different accounting theories are revealed and the objectivity of expansion of accounting objects is substantiated. In the context of the formation and development of accounting theories, the category of «social costs» is considered as an accounting object.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals TYPES OF DISPOSITION OF CRIMINAL JUDICIARY OF UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 215-221
Author(s):  
М. М. Почтовий
Keyword(s):  
Scientific Article ◽  
Criminal Proceedings ◽  
General Group ◽  
Procedural Law ◽  
Legal Provisions ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
Different Order

The scientific article considers the issue of modern understanding of the essence of the principle of dispositiveness in the criminal proceedings of Ukraine, as well as its classification in scientific sources. At the beginning, the author emphasizes the importance of the existence of the principle of dispositiveness in criminal proceedings and its impact on the implementation of the rights and freedoms of participants in criminal proceedings. On the basis of the defined criteria the classification of dispositiveness in criminal proceedings is carried out: 1) on the maintenance - social, material and formal (procedural); 2) according to the methods of connection of elements in the structure of dispositiveness - horizontal (equal-order) and vertical (different-order); 3) by enshrining dispositive norms in the substantive or procedural law - substantive and procedural; 4) on the generality of powers used by the subjects of dispositive rights - general, group and exclusive powers (the right to the last word of the defendant); 5) on the subordination of rights and freedoms (legal provisions) of the subjects of dispositiveness - the main provisions, provisions that ensure the implementation of the basic; 6) depending on the scope of powers granted to participants in criminal proceedings, for a certain period of time - static and dynamic; 7) depending on how many participants in the criminal proceedings are endowed with dispositiveness in a particular criminal proceeding - unilateral and bilateral; 8) depending on the mechanism of realization of dispositive rights - constitutive and situational; 9) for the subject of dispositive rights - suspect, defense counsel, accused, legal representatives, victim, civil plaintiff, civil defendant, witnesses, etc. The author of the study formulates the definition of dispositiveness in the criminal proceedings of Ukraine - it is a conscious need for active and purposeful activities of entities endowed with dispositive rights, the implementation of which affects the emergence, change or termination of criminal procedural relations and aims to defend their own or representative interests.

scholarly journals TO THE QUESTION OF ACCESSORIES OF JUDICIAL EXAMINATION TO INVESTIGATIVE ACTIONS

2019 ◽  
pp. 58-68
Author(s):  
I. Pyrih
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Forensic Examination ◽  
Preparatory Stage ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The article deals with problematic issues related to the norms of criminal procedure legislation, considering the involvement of an expert as an investigative action. Among criminal scientists and proceduralists there is no consensus on the procedural definition of forensic examination. Most of them include forensics to investigative actions. By the definition of a forensic examination, it is clear that an integral feature of a procedural action is to conduct it exclusively by officials of state bodies authorized by law to conduct criminal proceedings. These include: employees of the operational units, an investigator, a prosecutor, a judge. The subject of the examination is an expert – a person not authorized by law to conduct investigative actions. That is why, in our opinion, it is impossible to refer an examination to investigative actions. Proponents of referring a forensic examination to investigative actions most often mean it as «the appointment and conduct of a forensic examination». It is argued that actions regarding the appointment and conduct of the examination are different in nature and subjects of conduct. If we consider the stage of appointment of the examination, and for the current Criminal Procedure Code of Ukraine – the involvement of an expert, then its subject is the investigator. The subject of the examination is an expert. Considering the characteristic features of the investigative action, it can be concluded that the stage of appointment of the examination or the involvement of an expert, which scientists consider as preparatory to the examination, has all the signs inherent in an independent investigative action. It is governed by the rules of procedural law, carried out in the framework of criminal proceedings, authorized by the person. When an expert is involved, the investigator conducts certain actions, the result of which is reflected in the ruling of the investigating judge. The purpose of the examination is to obtain, research and verify evidence. Considering the involvement of an expert as a separate investigative action, we define its content, divided into generally accepted stages: preparatory, working and final. To the preparatory stage, we include such actions: the decision to conduct an examination; selection of an expert institution or a private expert; determination of the type of examination and subject of study; determining the order of appointment of examinations in relation to the same objects; timing of appointment examination. The following should be attributed to the working stage: selection of objects for examination; receipt of the decision of the investigating judge for the examination. The final stage consists of the following stages: determining the circle of persons who may be present during the examination; referrals and necessary materials to the expert institution. Key words: investigative (search) action, forensic examination, appointment of expertise, involvement of an expert.

scholarly journals Concept of tortious legal relations and their main features

2020 ◽  
Vol 10 (19) ◽  
pp. 80-89
Author(s):  
Vladyslav Teremetskyi ◽  
◽  
Yaroslav Zhuravel ◽  
Keyword(s):  
Public Relations ◽  
Legal Liability ◽  
Criminal Offense ◽  
Legal Norms ◽  
Procedural Law ◽  
Criminal Offenses ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of

The article is focused on studying the concept, content and essence of the definition of “tortuous legal relations”. The scientific works in the researched sphere have been analyzed. The author has indicated that there are gaps in the interpretation of the term of “tortuous legal relations” in its classical meaning and the place of this type of public relations in the legal system of Ukraine. It has been proved that most of scientific works do not reveal the meaning of this term, but its certain features were only indirectly analyzed in one way or another. The relevance and necessity of formulating the author’s definition of the term of “tortious legal relations” have been substantiated. The author has offered to understand this definition as relations regulated by legal norms arising in connection with the commission of an offense (tort), establishment of the tort’s fact, the use of state coercion during the process of bringing the subject of the committed illegal act to one of the types of legal liability, restoration of violated rights and freedoms and compensation for damage. Considerable attention has been paid to the novelties of national legislation on amendments to some codified acts of substantive and procedural law; the author has provided comments on the suggested amendments. It has been noted that the legislative enshrinement of the term of “criminal offense”, as well as the division of criminal offenses into crimes and misdemeanors and the selected criteria for such division is the most controversial. The components of the term of “tortious legal relations”, namely: the terms “tort” and “legal relations” have been revealed. It has been stated that tortious legal relations arise at the time of tort’s commission and are part of the legal relations. The issue of classification of legal relations and their features has been studied. Characteristic features of tortious legal relations have been revealed. It has been concluded that tortious legal relations, which are the component of legal relations and have all their features arise during the commission of a tort by a subject of legal liability.

ENTREPRENEURSHIP, RELIGION, AND BUSINESS ETHICS

2012 ◽  
Vol 01 (11) ◽  
pp. 59-69
Author(s):  
Mostafa Emami ◽  
Kamran Nazari
Keyword(s):  
Business Ethics ◽  
Ethical Issues ◽  
Religious Faith ◽  
Ethical Judgments ◽  
Ethical Decisions ◽  
The Subject ◽  
Student Demand ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

Interest in entrepreneurship has heightened in recent years, especially in business schools. Much of this interest is driven by student demand for courses in entrepreneurship, either because of genuine interest in the subject, or because students see entrepreneurship education as a useful hedge given uncertain corporate careers This paper reports a study of the importance of religious faith to entrepreneurs and the relationship of that faith to their ethical judgments. The importance of religious faith to entrepreneurs was similar to the importance of religious faith to other business respondents. Literature offers numerous definitions of ethics.Crane and Matten (2004, p.8) define business ethics as ‘‘the study of business situations, activities, and ecisions where issues of right and wrong are dressed’’. Based on Jones‘s definition of ethical decisions (Jones, 1991, cited in Chau and Siu, 2000) ,Entrepreneurs who identified religious interests as being of high importance, and also entrepreneurs who were highly orthodox in their faith, expressed more sensitive ethical judgments on at least five of sixteen ethical issues than did entrepreneurs who indicated that religious interests were of low or no importance.

scholarly journals Import Operations with Goods: Features of Taxation and its Accounting Reflection

2020 ◽  
Vol 10 (513) ◽  
pp. 276-285
Author(s):  
N. O. Lytvynenko ◽  
◽  
M. M. Nashkerska ◽  
Y. Y. Fal ◽  
◽  
...  
Keyword(s):  
Economic Activity ◽  
Value Added ◽  
Income Taxation ◽  
Tax Credit ◽  
Personal Account ◽  
Value Added Tax ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article, based on the analysis of views of scholars on the essence of the term of «import operation» and establishing the relationship of its content with the terms of «import activity» and «import», suggests a generalized definition of the term of «import operations with goods» as an aggregate of inter-relational actions, that are carried out by the subject of one country by means of buying (acquiring) commodity and material valuables from a resident of another country with mandatory or optional crossing of the customs border for further use (consumption) of such assets or their marketing. Import operations with goods are part of import activities. On analyzing the current legislative and normative regulations of foreign economic activity, the peculiarities of import operations carried out by entrepreneurial entities in Ukraine were disclosed and some inconsistencies in the accounting display of certain costs related to customs clearance of goods during import together with tax credit for the operations on the import of goods into the customs territory of Ukraine were identified. In order to correctly define the income taxation base for enterprises that carry out import operations with goods, it is proposed to differentiate (with the appropriate guidance, provided in the annex to the regulation on accounting policy) the non-base costs related to customs clearance of imported goods as those included in the original cost of goods under the article «Other expenses», and those related to the costs of certain period. The article proposes particular directions for improving the reflection in the system of double-recording of the tax credit on the operations of the import of goods into the customs territory of Ukraine, which will ensure compliance with the indicators both in the value added tax declaration and on the taxpayer’s personal account, considering their analytical context.

scholarly journals The Concept, Subject, Objectives, and Objects of Forensic Examination of Melee and Throwing Weapons

2017 ◽  
Vol 12 (4) ◽  
pp. 48-52
Author(s):  
A. V. Kokin
Keyword(s):  
Future Development ◽  
Forensic Examination ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
Development Prospects

The paper discusses the basic categories of concept, subject, objectives, and objects specific to the forensic examination of melee and throwing weapons. The concept of forensic examination of melee and throwing weapons is articulated based on the definition of the forensic theory ofmelee and throwing weapons, as well as general principles of criminalistics and modern weapons science. Examination objectives are divided into three groups: classification, diagnostic, and grouplevelidentification. The paper concludes with a brief overview of the relationship of this forensic discipline with other sciences and its future development prospects

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