scholarly journals PROBLEM ASPECTS OF DEFINITION OF THE CONCEPT OF PREDUDICATION IN THE MODERN CRIMINAL PROCESS

2020 ◽  
Vol 73 (4) ◽  
pp. 163-168
Author(s):  
Olexiy Scriabin ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Rule ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Space ◽  
The Subject ◽  
The Difference ◽  
Definition Of ◽  
Legal Consequences

The article considers the issue of defining the essence of the concept of prejudice in criminal proceedings. Prejudice is a complex and multifaceted concept. Depending on the meaning of the concept, the scope and effect of the institution of prejudice in criminal proceedings may be narrowed or expanded. The approaches of modern scientists to the definition of prejudice are highlighted. Prejudice is a rule of evidence, which establishes the procedure and grounds for use in the process of proof by the investigator, prosecutor, body of inquiry, judge, court of legal conclusions and facts established by those that have entered into force on the basis of the investigator, prosecutor , courts in administrative, commercial, civil or criminal cases, which essentially resolved the case, as those that do not require re-proof. The classification of prejudices according to the scale of application in the legal space is considered; depending on the subordination in legal regulation; by the nature of the connection with other cases; depending on the legislative consolidation; by legal consequences; depending on the subject of legal regulation; depending on the ability of the participants in the process to challenge the prejudice; by the subject of the creation of the prejudice. The problematic aspects of determining prejudices are analyzed. Necessary and important in determining the essence of the concept of prejudice is its distinction with the concepts of presumption, precedent and prejudice. The difference between precedent and presumption is manifested in the fact that precedent contains a legal rule for resolving a legal dispute, and prejudice is an evidentiary rule for the use of facts and legal conclusions. Prejudice and prejudice are not identical, as prejudice is a manifestation of such a characteristic of the legal force of a court decision as binding. The difference between a presumption and a prejudice lies primarily in their scope.

scholarly journals CAPITAL INVESTMENTS: NORMATIVE LEGAL AND ACCOUNTING

2021 ◽  
pp. 166-181
Author(s):  
Olena PODOLIANCHUK ◽  
Nataliya GUDZENKO
Keyword(s):  
Capital Investment ◽  
Legal Framework ◽  
Legal Regulation ◽  
Capital Investments ◽  
Object A ◽  
Separate Object ◽  
The Difference ◽  
Definition Of ◽  
The Cost

The article evaluates the legal regulation and accounting of capital investments and determines that a single and precise term that would determine their essence has not yet been developed. The difference in the definitions of capital investments is outlined, which leads to confusion in their evaluation and reflection in the system of accounting accounts. There are two approaches to determining the nature of capital investment in the legal framework: economic and accounting. The dynamics and structure of capital investments by types of assets in terms of 2015-2019 are presented. Based on the results of elaboration of the regulatory framework and scientific opinions of scientists, their own opinion on the definition of capital investment has been expressed. It is noted that in the organization of accounting for capital investments it is important to assess, classify, justify objects, as well as the allocation of costs to current (to maintain the object in working order) and attribute investments to capital (improving the functional properties of the object ). A generalized classification of capital investments is proposed, which will help to timely and fully systematize the accounts and reflect in the reporting of objective and reliable information. It was found that one of the problems of accounting for capital investments is the distribution of costs and investments incurred between current costs and capital investments. Entities are invited to develop their own criteria for identifying capital investment objects and assigning the cost of repairs (capital repairs) to capital investments and approve them in the accounting policy and order. In order to ensure the objectivity of the information on capital investments, alternative changes to the Chart of Accounts have been proposed in the part of the Capital Investments account. The submitted proposals will provide an opportunity to consider capital investments as a separate object of accounting and to assess the rationality of investments.

scholarly journals On Classification of the Powers of an Investigating Judge in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (11) ◽  
pp. 350-355
Author(s):  
A. Kalygulova
Keyword(s):  
Criminal Procedure ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Control ◽  
Relevant Object ◽  
Procedure Code ◽  
The Subject

The article is devoted to the issue of classification of the powers of an investigating judge in criminal proceedings of the Kyrgyz Republic. The relevance and novelty of the study is caused by the introduction of a new procedural figure of the investigating judge, who exercises judicial control in pre-trial proceedings. The powers conferred by the Criminal Procedure Code of the Kyrgyz Republic to an investigating judge are varied in content. In this regard, the issue of the classification of the powers of an investigating judge is relevant. Object of research: the procedural figure of the investigating judge. The subject of the research: the powers of the investigating judge and their division by classification. Thus, the powers of an investigating judge, provided for in Article 31 of the Criminal Procedure Code of the Kyrgyz Republic, cover not only the issues of the existence of grounds for the application and extension of measures to ensure criminal proceedings, authorization of investigative and special investigative actions, as well as the resolution of issues arising between the participants in pre-trial proceedings, including those affecting the scope of proof in criminal cases. A proposal has been made to classify the powers of an investigating judge in criminal proceedings in the Kyrgyz Republic.

scholarly journals Prawo do poznania matki biologicznej według krajowego prawa rodzinnego

2014 ◽  
pp. 129-154
Author(s):  
Dorota Krekora-Zając
Keyword(s):  
Germ Cells ◽  
Legal Regulation ◽  
Biological Mother ◽  
Civil Status ◽  
The Subject ◽  
Definition Of ◽  
Polish Code ◽  
Legal Consequences ◽  
In Vitro Treatment

The subject of this article is an analysis whether on the grounds of Polish Code on Family and Guardianship it is possible to determine the one's right to recognize his/her mother. Introduction to the Polish Code on Family and Guardianship a legal definition of mother and claims for establish or denial of one's motherhood was legislator's attempt to regulate the civil status of child. Development of the in vitro treatment may lead to situation where one women would be donor of a germ cells while other women would bear a child. The article therefore provides an analysis of legal consequences of this amendment to the code in respect to legal regulation on motherhood. In particularly the issues of admissibility of claims for recognize one's genetic and biological mother as well as evidence limitation in this kind of cases would be addressed in the article.

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 Evolution of Legal Regulation of Organization Issues in Terms of Providing Governmental and Municipal Services

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Inna Pulyayevskaya
Keyword(s):  
Legal Regulation ◽  
Municipal Services ◽  
Federal Law ◽  
Public Authorities ◽  
Legal Norms ◽  
The Public ◽  
History Of ◽  
Legal Space ◽  
The Subject ◽  
Definition Of

The system of legal regulation of the issues of granting governmental and municipal services in present-day Russia is being formed already after determining the main aspects of the public authorities functioning, which predetermines the peculiarities of the legal norms installing into the single composition of the single legal space. The article examines the history of adoption of the Federal Law No. 210-FZ of July 27, 2010 «On Organizing Provision of Governmental and Municipal Services» on the basis of the analyzing the texts of the draft law in three readings, the comments and the amendments to the draft law, as well as other sources. The purpose of analyzing the adoption history of the Federal Law No. 210-FZ, carried out in the article, is to identify the causes of arising the problems associated with its application in practice. The article examines the evolution of the name of the bill, later codified as Federal Law No. 210-FZ, as well as the subject of its legal regulation. The author identifies the causes and consequences of exclusion of a number of definitions from the draft law. The analysis of the provisions of the law in question shows the need for a legislative definition of the concept of «governmental (municipal) function».

scholarly journals THE INVECTIGATION OF FALSIFICATION AND TURNOVER OF FALSIFIED MEDICINES: INVESTIGATOR INTERACTION PROBLEMS

2019 ◽  
Vol 20 (2) ◽  
pp. 72-87
Author(s):  
I. Parfylo
Keyword(s):  
Detailed Analysis ◽  
Legal Regulation ◽  
The State ◽  
Drug Control ◽  
Criminal Proceedings ◽  
State Service ◽  
Article Deal ◽  
Falsified Medicines ◽  
The Subject ◽  
Definition Of

The article deal with the problems of the interaction of the investigator in the investigation of falsification and turnover of falsified medicines. A detailed analysis of the scientists views on the definition of "interaction" as a scientific category, its principles and values that are debatable in criminalistics was carried out. Particular attention is paid to the criminalistic nature and forms of interaction in the investigated crime. It is substantiated that the systematization of forms of interaction of the investigator in the specified type of crimes investigation should be performed according to the criterion of the subject taking into account the peculiarities of their legal regulation. According to the results of the generalization of the judicial and investigative practice materials, it is determined that the employees of the operational units and specialists are the main subjects of interaction with the investigator in the falsification and turnover of falsified medicines investigation. In addition, it is noticed a great importance of the interaction of the investigator with the State Service for Medicines and Drug Control of Ukraine, actual forms of interaction of which include, among other things, the identification of signs of falsified medicines or activity related to falsification and prevention of these crimes. Based on the specifics of such category of crimes, the necessity of increasing the level of interaction of the investigator has been proved, which will greatly contribute to the efficiency of conducting investigative (investigative) actions, saving forces and time at the beginning of criminal proceedings, which is a necessary prerequisite for successful investigation.

scholarly journals Illegal benefit in anti-corruption legislation: problems of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 57-66
Author(s):  
О. V. Vynohrad ◽  
◽  
P. H. Kovalska ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Application Of Law ◽  
Long Time ◽  
The Difference ◽  
Definition Of ◽  
To Receive ◽  
Rule Making ◽  
Incorrect Classification

The types and meaning of the main methods of preventing corruption are examined in the article. Administrative methods of combating corruption are identified among them. They are divided into two groups: rule-making (adoption of relevant law); law enforcement (application of law). The importance of proper legislative regulation in liquidating corruption is outlined. The formation of anti-corruption legislation, which has been going on for a long time, is revealed and it is noted that to date anti-corruption legislation has undergone a significant transformation and changed its purpose that is “prevention” instead of “struggle”. Emphasis is placed on innovations and reforms contained in the updated anti-corruption legislation. The provisions of statutary acts, which enshrine illegal benefit, are given. For carrying out a detailed analysis, the scholars’ positions on the current legislation on the definition of “illegal benefit” were analyzed. It revealed differences in existing approaches to the essential features of this phenomenon. The concept and features of a gift are analyzed in order to distinguish it from the illegal benefit and identify the main reasons for this. The importance of clear regulation of illegal benefit and gifts in order to avoid incorrect classification of violated anti-corruption legislation was emphasized. After analyzing the essence of “illegal benefit” and “gift”, it was found out that common to the subject of gift and illegal benefit was to receive both materially defined and things that do not have a monetary equivalent and material reflection. A sign that allows to distinguish a gift from an illegal benefit is the sign “without any legal grounds” for receiving an illegal benefit and “gratuitousness and receipt/gift at a price below the minimum market”. It is the last part of the component definition of a gift that testifies to the value characteristics of a gift. It is noted that taking into account the fact that since the difference between a gift and an illegal benefit is unclear, it may lead to incorrect classification of violated anti-corruption legislation. Key words: illegal benefit, gift, anti-corruption legislation, corruption offense, corruption-related offenses, criminal liability, administrative liability.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals PROPERTY IN ECONOMIC ACTIVITY: CERTAIN PROBLEMS OF DEFINITION AND CLASSIFICATION IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 52-61
Author(s):  
Oleksandra Rozhenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
Process Approach ◽  
Property Relations ◽  
Economic Entity ◽  
Specific Category ◽  
Category Property ◽  
Definition Of ◽  
Management Functions

The article examines the definition of the term «property» in management sphere, analyses the existing definitions of the term «property» in management sphere. On this basis, the different approaches are identified and a process approach to the interpretation of a specific category is proposed. Regarding the classification of the types of property and sources of its formation, the use of terms and concepts that have expired in the legislation has been established. It is proposed to eliminate the identified differences and contradictions in the interpretation of the terms of legal regulation of property relations in management sphere in Ukraine in view of the types of property and sources of its formation. The definition of the category «property» in management sphere, which is available in current legislation and modern scientific sources, is considered. The approaches to the definition of the term «property» in management sphere are singled out, namely: property is things, assets, property of a certain type, classification-based approach and combined approach. The definition of the essence of the term «property» in management sphere is proposed to be considered according to the process approach, which is initially considered resources, which later acquire the characteristics of assets and further property. The differences and ramifications in the classification types of property under the current legislation are analysed, the ways of their elimination are offered, which will lead to the increase of efficiency of the use of the created property of the economic entity. According to the process approach, which assumes that a certain set of resources acquires the characteristics of assets, which, in turn, are part of the property of a particular entity. A distinctive feature of the proposed approach is that the property in management sphere is defined as a set of assets that are formed through a number of resources. The use of the provided proposals and elimination of identified contradictions in the classification of property types and sources of its formation will promote the intensification of various management functions of economic activity in the part of implementing economic mechanisms and regulators to optimize property formation and increase of its efficiency.

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