scholarly journals EFFICIENCY OF STATE REGULATORY POLICY IN THE PERIOD OF COVID-19 PANDEMIC: ADMINISTRATIVE-LEGAL ASPECT

2021 ◽  
Vol 76 (3) ◽  
pp. 92-100
Author(s):  
Оleksandr Makarenko ◽  
◽  
Nataliia Makarenko ◽  
Keyword(s):  
Regulatory Policy ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Local Government Level ◽  
The Government ◽  
Business Entities

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.

scholarly journals Regulation of relationship building and sale relations on the Іnternet and improvement of fraud investigation

2020 ◽  
pp. 78-82
Author(s):  
S. Chuchko
Keyword(s):  
Relationship Building ◽  
The Internet ◽  
Payment Systems ◽  
Legal Regime ◽  
Law Enforcement Agencies ◽  
Initial Information ◽  
Goods And Services ◽  
Criminal Offenses ◽  
The Law

The article examines some aspects of the regulation of legal relations in cyberspace when buying and selling goods and services over the Internet.The main normative legal acts that determine the legal policy in the field of contractual relations and commercialization on the Internet are analyzed: Law of Ukraine “On e-commerce”, the Law of Ukraine “On payment systems and funds transfer in Ukraine”, the Law of Ukraine “on Consumer Protection”,The Law of Ukraine “On the use of registrars of settlement transactions in the field of trade, catering and services”, the Civil Code of Ukraine, etc.Factors influencing the level of abuse, including fraud in the sale of goods and services over the Internet, are outlined.It has been emphasized that in recent decades there has been a rapid growth of transactions via the Internet, through which you can carry out household and commercial transactions and purchase goods without leaving the premises. For the majority of the population, this form of “virtual” trade has become convenient and fully met their needs, significantly saving time. At the same time, the active turnover in the network has led to a significant number of violations, a large number of which contain criminal offenses, including fraud.The ways, procedures, as well as problematic issues faced by practitioners during the evaluation of initial information and during the investigation of fraud in the purchase and sale of goods over the Internet are identified.It is argued that the knowledge of law enforcement agencies of the legal regime of legal relations in cyberspace and the procedure for concluding sales agreements via the Internet, will significantly improve the quality of the investigation and help establish the objective truth in the case.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

scholarly journals Problems of small business in Ukraine and ways for their overcoming

2021 ◽  
Vol 71 (4) ◽  
pp. 69-76
Author(s):  
A. Chushak-Holoborodko ◽  
P. Horyslavets ◽  
O. Poburko ◽  
S. Shramko
Keyword(s):  
Law Enforcement ◽  
Small Business ◽  
Small Businesses ◽  
Bank Lending ◽  
Legal Regulation ◽  
The State ◽  
Normal Operation ◽  
Law Enforcement Agencies ◽  
Wide Range ◽  
Business Entities

The essence of small business and the criteria for enrollment of business entities to small enterprises and micro-enterprises, both according to the approach of domestic legislation and European standards are investigated in this paper The place of small business in the state economy and its role in its development is studied. Factors that shape the environment for small business in Ukraine and hinder its effective functioning are formulated. In particular, the legal capacity of small businesses and the biased attitude of law enforcement agencies towards small businesses permanently put pressure on small businesses and complicate the process of their activities. A wide range of inhibitory factors and factors faced by small business in Ukraine are analyzed and studied. The key areas that are most urgently in need of reform are identified, and their detailed and in-depth analysis is carried out. As the result, a list of small business problems in Ukraine is formed and grouped. Obstacles on the part of the tax system include refusal to register tax invoices for unknown reasons, delays in unblocking tax invoices and registration of invoices by tax authorities, as well as unfounded grounds on which taxpayers are included in risky and lack of clear instructions for exclusion from the list of risky. On the part of law enforcement agencies – unfounded criminal proceedings, slowing down the process of returning business entities to normal operation. On the part of labor relations are the complexity and inflexibility of the interaction between employee and employer and the procedure for dismissal of employees; conducting by the employer of documentary administration of labor in paper form; significant dispersion of legal regulation of labor inspections. In terms of availability of funding are non-compliance with the requirements of bank lending and lack of information about international programs, grants and donor funding with the participation of European organizations, as well as government programs to support business. Based on the outlined problems, a number of ways to overcome them, which will bring small business in Ukraine to a new level and strengthen the economic position of the state are formed.

International Experience of Using Blockchain Technology in Supply Chain Management

2018 ◽  
Vol 11 (4) ◽  
pp. 60-67 ◽  
Author(s):  
V. V. Panyukova
Keyword(s):  
Supply Chain ◽  
Supply Chain Management ◽  
Government Control ◽  
Economic Activities ◽  
Chain Management ◽  
Blockchain Technology ◽  
The Government ◽  
Business Entities ◽  
Counterfeit Products

The paper analyzes the advantages of using the blockchain technology in the supply chain management. It is determined that the blockchain will simplify the procedure of the government control over the supply chain and contribute to the implementation of the state policy aiming to reduce the level of counterfeit products and improve the quality of goods entering the retail network, which will have a direct impact on the socio-economic development of the regions. The subject of research is the organizational and technological mechanism of the interaction between business entities in the process of introduction and application of the blockchain technology for supply chain management. The purpose of the paper was to find out how to use the blockchain in logistics in the most effective way. The paper presents the summary of works of Russian and foreign economists and identifies the main areas of existing and prospective blockchain studies, formulates the principles for the promotion of the blockchain technology in logistics and identifies factors that impede the active use of the blockchaining by Russian and foreign businessmen. The necessity of the DLT/blockchain legalization in economic activities and determining the responsibility for including incomplete and/or unreliable information in a distributed ledger is substantiated.

Geospatial Crime Analysis to Determine Crime Density Using Kernel Density Estimation for the Indian Context

2020 ◽  
Vol 17 (1) ◽  
pp. 74-86
Author(s):  
Boppuru Rudra Prathap ◽  
K. Ramesha
Keyword(s):  
Law Enforcement ◽  
Density Estimation ◽  
Kernel Density Estimation ◽  
Financial Burden ◽  
Estimation Method ◽  
Kernel Density ◽  
Law Enforcement Agencies ◽  
The Government ◽  
Geographical Locations

Crime is the most common social problem faced in a developing country. Crime affects the reputation of a nation and the quality of life of its citizens. Crime also affects the economy of the country, increasing the financial burden of the government due to the need for expenditure in the police force and judicial system. Various initiatives are taken by law enforcement to reduce the crime rate. One such initiative, real-time accurate crime predictions can help reduce the occurrence of crime. In this paper, a crime analytics platform is developed, which processes newsfeed data analysis for different types of crimes and identify crime hotspots using Kernel Density Estimation method. This system enables criminologists to understand the hidden relationships between crime and geographical locations. Interactive visualization features are available that enable law enforcement agencies to predict crime.

scholarly journals Main Illusions about the Audit Market in Ukraine

2018 ◽  
Vol 80 (1) ◽  
pp. 93-97
Author(s):  
O. Yu. Redko
Keyword(s):  
Financial Reporting ◽  
Self Regulation ◽  
Legal Regulation ◽  
Professional Services ◽  
International Standards ◽  
The Other ◽  
Semantic Meaning ◽  
Audit Market ◽  
Business Entities

The term “market of audit services” or “audit market” is often used in course of legislative work, scientific discussions or professional communications. But the semantic meaning of this term is interpreted differently, giving rise to misunderstanding among the discussion participants as well as the broader public. Given the permanent market reforms implemented in Ukraine, the treatment of audit as a market of professional services needs to be in a way clarified.  This article is devoted to the criteria by which the audit is recognized in Ukraine as a market of professional services. It covers essential issues such as pricing of audit works and services, market entry for new auditors, self-regulation of the profession, quality of audit services.   Problems of the Ukrainian audit are critically addressed by the author in the context of the requirements of the International Standards of Auditing and the foundations of the Law of Ukraine “On Audit of Financial Reporting and Audit Activities”. It is stated that the contemporary Ukrainian audit is differentiated into the two unequal groups: the so called large business entities in audit and the other business entities in audit. This differentiation is accompanied by attempts of the former group to monopolize the market of professional services and price dumping by the latter group. One of the key author’s arguments is the illusiveness of the quality of audit in Ukraine, first and foremost the existing system of audit control. According to the author, this can bring to naught all the novelties of legal regulation of audit in Ukraine.      Apart from the statements of facts, the article contains concrete, although polemic, propositions of the author concerning implementation of the new Law of Ukraine “On Audit of Financial Reporting and Audit Activities”.

scholarly journals UKRAINIAN LEGISLATION ON PREVENTION AND COMBATING CORRUPTION OFFENSES

2019 ◽  
pp. 14-22
Author(s):  
O.I. Nikitenko ◽  
A.A. Samoylovych
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Ongoing Research ◽  
Modern Development ◽  
Illegal Acts ◽  
The Government

The article considers the evolutionary progress of the adoption of legislation in Ukraine on anti-corruption, starting with the Declaration of independence of the state, defined the essence of the state policy in combating analyzed the chronology of the stages of the legislative anticorruption acts-the conduct of ongoing research, observations of anti-corruption activities of law enforcement agencies is very important in the context of the modern development of Ukraine. During the years of independence of Ukraine was formed anti-corruption legislation, including normative legal acts in this sphere with the purpose of administrative and legal counteraction of corruption. The development of anti-corruption legislation in the period from 1991 to 1996, i.e. prior to the adoption of the Constitution of Ukraine of 1996 to 2004, a period which can be called the constitutional stage, and from 2004 to the present as a period of reform to counter corruption. This indicates that continuous changes in the administrative-legal regulation in the sphere of counteraction of corruption in Ukraine, the implementation of reform processes in law enforcement depends on the nature of government tasks and functions to ensure internal security of Ukraine, forms and methods of the professional activity of the bodies which carry out law enforcement or law enforcement function the article Also paid attention to how the state of corruption is influenced by organized groups and how the government is trying to counteract them. Specified on the weakness of preventive (preventive) measures regarding corruption and illegal acts. The Constitution does not specify what illegal acts are such, but some standards testify the protection of the rights and freedoms of natural and legal persons from such acts, but dedicated circle of individuals who have limitations with the passage of the civil service and local government. On the basis of the conducted research the conclusion about the need for effective legal mechanisms for fighting corruption and improving relevant legislation. Keywords: Сonstitution, anti-corruption policy, anti-corruption legislation, corruption, anticorruption.

scholarly journals Peculiarities of the tactics of commissioning forensic tax audit

2020 ◽  
pp. 1-12
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Economic Entity ◽  
Interdisciplinary Approaches ◽  
Tax Audit ◽  
The Government ◽  
Structural Methods

The subject of this article is the scientific and organizational-methodical patterns of forensic audit in conducting research on the objects of accounting processes of an economic entity, which describe records on the due and listed tax obligations seized by the Federal Tax Service to the government and (or) municipal formations. Special attention is given to the tactics of assigning such research in the criminal proceedings. In the course of this study, the author applied the comparative-analytical and system-structural methods of scientific cognition, as well as interdisciplinary approaches, since the study required knowledge of procedural and substantive law, forensic science, theory of forensic audit, economics and normative legal regulation regulation of the accounting processes of economic entities, which determined comprehensive character of this research. The author attempted to examine the forensic tax audit as an independent type of economic audit, which includes subject, object, goals and scientific-methodical recommendations for law enforcement agencies in commissioning such audits. The article describes the fundamental principles of private theory of forensic tax audit, which did not receive due attention within the scientific literature. The proposed recommendations are aimed at unification of investigative and judicial practices on commissioning and assessment of application of the results of forensic tax audit.  A comprehensive perspective upon the forensic tax audit and its current status is essential for its implementation by investigators, courts or investigating officers in criminal proceedings. The result of this work lies in formulation of recommendations for law enforcement agencies on the peculiarities of tactics used in commissioning forensic tax audit to state and non-state forensic audit institutions relating to peculiarities of preparing the objects of investigation, specificity of questions submitted to resolution by a forensic expert. A list of questions for forensic tax audit is presented.

PECULIARITIES OF THE PROCEDURAL STATUS OF SUBJECTS WHICH HAVE THE OBLIGATION OF PROOF DURING THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

2017 ◽  
Author(s):  
Andrii Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Judicial Investigation ◽  
Definition Of

The article considers the peculiarities of the procedural status of the subjects who are obliged to prove criminal offenses during the pre-trial investigation, taking into account the latest changes in the current criminal procedure legislation made in connection with the adoption of the Law of Ukraine n Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses". The author notes that this issue is little studied in the scientific literature and relevant from a practical point of view. The peculiarities of the procedural status of the head of the inquiry body are studied, a number of problematic issues of legal regulation of the powers of the specified subject of evidence are indicated and it is proposed to amend the current version of Article 391 of the Criminal Procedure Code of Ukraine to eliminate contradictions. The procedural status of the interrogator and the person authorized to carry out pre- trial investigation of criminal offenses is analyzed, offers on modification of item 401 of the Criminal procedure code of Ukraine are presented. It is also proposed that the bylaws of the relevant law enforcement agencies provide for qualification requirements for persons authorized to investigate criminal offenses in the form of higher legal education in the specialty "Law", as the lack of qualification requirements may adversely affect the quality of pre-trial investigation of criminal offenses. The content of Articles 84, 92 and 94 of the Code of Criminal Procedure of Ukraine is analyzed, proposals are made to supplement these legal norms after the word "investigator" with the word "interrogator". The specific circle of subjects on which the duty of proof during the pre-judicial investigation in the form of inquiry is assigned is defined. According to the author of the article, further areas of research of certain problematic issues are a comprehensive doctrinal study of the legal status of such subjects of evidence as the interrogator and head of the inquiry body, determination of legal guarantees of their activities and procedural independence, definition of functions and tasks assigned to these subjects.

The use of digital technologies in pre-trip and post-trip medical examinations — the legal aspect

2021 ◽  
Vol 61 (8) ◽  
pp. 515-520
Author(s):  
Olesya V. Shcherbakova
Keyword(s):  
Legal Aspect ◽  
Point Of View ◽  
Pilot Studies ◽  
Administrative Control ◽  
Judicial Practice ◽  
Software And Hardware ◽  
Business Entities ◽  
Medical Examinations ◽  
Post Shift

One of the duties of an employee as a subject of labor legal relations is the obligation to undergo established pre-trip, pre-shift, and post-trip, post-shift medical examinations. The digitalization of all spheres of public life, the erasure of spatial boundaries, the development of artificial intelligence naturally change the procedure for conducting these types of medical examinations. The purpose of this article is to identify the main proposals for changing the procedure for carrying out these types of medical examinations, as well as to analyze their legality from the point of view of the current legislation. In the course of the study, the current legislation was analyzed, collisions, gaps and difficulties in its application by business entities were identified when organizing and conducting pre-shift, pre-trip and post-shift, post-trip medical examinations. The results of pilot studies and analysis of judicial practice on these issues are presented. The objects of research were the official websites of manufacturers of software and hardware systems used for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations remotely. It is concluded that the remote method of conducting pre-trip, pre-shift, and post-trip, post-shift medical examinations does not comply with the law, as well as the need for administrative control over the quality of pre-trip, pre-shift, and post-trip, post-shift medical examinations.

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