scholarly journals Problems of Legal Regulation of Academic Integrity Compliance in Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 97-107
Author(s):  
O. V. Bernatskyi
Keyword(s):  
Academic Integrity ◽  
Scientific Work ◽  
Legal Regulation ◽  
Point Of View ◽  
Educational Institutions ◽  
Regulatory Requirements ◽  
Existing Problems ◽  
Current State ◽  
Scientific Papers ◽  
The Law

The current state of legal regulation of academic integrity in Ukraine has been analyzed. It has been found out that the standards of academic integrity are still poorly studied in the scientific field in Ukraine. However, some aspects of the legal regulation of academic integrity have already been considered in the works of national scholars. However, given the relative novelty of the term of “academic charity” in the current legislation, a number of issues of legal regulation of academic integrity in Ukraine remain relevant and unresolved. It has been noted that the regulatory requirements for the standards of academic integrity were first enshrined only in 2017in the Art. 42 of the Law of Ukraine “On Education”. It became the legal basis for the protection of the author’s scientific work from its appropriation or unjustified publication by another person. Until now, the “standards” of academic integrity were not enshrined in law, although they were used to some extent in verifying the results of dissertation research. This aspect is still problematic from the point of view of legal regulation, and hence practical application. The following problems of the current state of legal regulation of academic integrity in Ukraine have been identified: diversity in the approaches of educational institutions to the criteria used in testing scientific papers for literary piracy; the existence of a legal conflict regarding the regulation of the issue of “self-plagiarism” between the provisions of the Law of Ukraine “On Education” and the Resolution of the Cabinet of Ministers of Ukraine No. 567 dated from July 24, 2013; the need to distinguish between additional and detailed liability for the violation of academic integrity; inconsistency of terminology in the current legislation, etc. Ways to solve existing problems have been suggested.

scholarly journals On certain aspects of compulsory measures of educational influence on minors

2021 ◽  
Vol 1 (11) ◽  
pp. 55-61
Author(s):  
E.S. RAKHMAEV ◽  
◽  
A.M. POTAPOV ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Educational Institutions ◽  
Existing Problems ◽  
Judicial Practice ◽  
Current State ◽  
Closed Type ◽  
History Of ◽  
State Body ◽  
Educational Influence

The humanization of criminal and penal policy at the present stage is especially clearly manifested in relation to minors, in particular, when they are released from criminal liability through the use of compulsory educational measures. The article examines the history of the formation of the analyzed legal institution, the step-by-step process of its development, draws conclusions about the current state, the number and content of educational measures, provides statistical data on their application, reveals the problems existing in this area. In particular there is an insignificant share of the use of educational measures by the courts, while maintaining a high proportion of juvenile crimes of small and medium gravity. It is stated that the existing judicial practice is due to the presence of gaps in the criminal legal regulation of the use of measures of educational influence, and their implementation is associated with the shortcomings of the legislation that determines the state policy in relation to children and adolescents. On the basis of an analysis of existing problems as well as an assessment of foreign experience in applying similar measures to minors options for their solution are proposed related to the adoption of certain regulatory legal acts or amendments to existing ones that determine the mechanism for implementing measures of educational influence; creation of a state body with appropriate competence; the expansion of the participation of public organizations in the context of the reduction of special educational institutions of a closed type.

GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW

2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova
Keyword(s):  
Goal Setting ◽  
Social Relations ◽  
Civil Law ◽  
Scientific Research ◽  
Scientific Work ◽  
Point Of View ◽  
Existing Problems ◽  
The Creation ◽  
Scientific Results ◽  
Definition Of

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.

scholarly journals Content and Types of Safety of the Educational Environment

2021 ◽  
Vol 8 (1) ◽  
pp. 82-96
Author(s):  
N.V. Mikhalkin ◽  
A.N. Averyushkin
Keyword(s):  
Thought Experiment ◽  
Educational Environment ◽  
Point Of View ◽  
Practical Significance ◽  
Educational Institutions ◽  
Philosophical Approach ◽  
Public Practice ◽  
Current State ◽  
Main Components ◽  
The Impact

Aim. To clarify the basic componentof the content of the educational environment, as well as to highlight its components and types. Procedure and methods. The article identifies the main components of the educational environment, from the point of view of the philosophical approach to understanding this phenomenon, as well as analyzed and evaluated the reasons that make it unsafe, the allocation of levels of expansion, the classification of the types of safety of the educational environment. In the study methods are used: analogies, comparative, generalization, system, interpretation of the results, thought experiment. The results. The work clarifies the content of the educational environment, reveals its main components, on the basis of a philosophical approach to this phenomenon, has been identified the impact of various types of expansion on its safety, identified and justified the basic safety of the educational environment, taking into account the current state of public practice in the country and the world, as well as the requirements that are imposed on educational institutions on the education and education of trainees. Theoretical and/or practical significance. The results of the study contribute to the palette of research of the educational environment in school and university, to the methodology of organizing the safety of the educational environment, as well as to the practice of educational activities of schools and universities.

scholarly journals Legal and Medical Aspects of Off-Label Medication Use. Point of View

2019 ◽  
Vol 15 (1) ◽  
pp. 130-134
Author(s):  
O. V. Tsygankova ◽  
T. I. Batluk ◽  
L. D. Latyntseva ◽  
D. Y. Platonov ◽  
N. M. Akhmedzhanov
Keyword(s):  
Medication Use ◽  
Scientific Data ◽  
Point Of View ◽  
Medical Documentation ◽  
Off Label ◽  
Existing Problems ◽  
Legal Literacy ◽  
Current State ◽  
Approved Drugs ◽  
Written Informed Consent

The current state of the Russian and foreign regulatory framework for off-label prescription of medicines is presented in the article. The existing problems of this specific drug therapy and possible solutions are described. Unfortunately, there are some gaps in the Russian legislation regarding the off-label medication use. Based on the clinical reality, in some cases, the “off-label” drugs prescription can be justified by the clinical condition of the patient, the lack of alternative approved drugs, and the availability of published scientific data that create the prerequisites for the effectiveness of this approach. When off-label drug prescribing as a forced measure, the doctor must provide a rationale for this prescription in the medical documentation, the conclusion of the consultation (with the participation of relevant specialists and the clinical pharmacologist) or the medical commission (with the participation of the administration representative), and the written informed consent of the patient or his legal representative. This information should be actively communicated to doctors in order to increase their legal literacy and prevent possible negative and legal consequences.

scholarly journals The current state of legal regulation of the release of civil servants: positive and negative aspects

Social Law ◽  
2019 ◽  
pp. 118-125
Author(s):  
А. Kutsevich
Keyword(s):  
Final Stage ◽  
Civil Service ◽  
Labor Relations ◽  
Civil Servant ◽  
Legal Regulation ◽  
Civil Servants ◽  
Current State ◽  
Labor Legislation ◽  
The Law

The specificity of the legal regulation of passing civil service in Ukraine (labor relations with civil servants) is that it is at the same time implemented by the rules of labor legislation and the rules of special legislation on civil service. The dismissal from the civil service is the final stage of its passage, which is accompanied by the loss of the civil servant status. Legal regulation of the order of civil servants dismissal is carried out taking into account the priority of special norms over the general ones, that is, first of all, the provisions of the Law of Ukraine “On Civil Service” apply. This article explores the current state of regulation of dismissal of civil servants. It has been established that it is a dismissal of civil servants and what are the grounds for it. It is determined how the dismissal of civil servants at each stage of this process is regulated. Positive and negative aspects of the current state of legal regulation of the dismissal of civil servants are highlighted.

scholarly journals On the issue of legal regulation of labor relations in agricultural cooperatives

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Novak Tamara ◽  
◽  
Melnyk Viktoriia ◽  
Keyword(s):  
Labor Relations ◽  
Local Level ◽  
Legal Regulation ◽  
Agricultural Cooperatives ◽  
Labor Participation ◽  
Employment Contracts ◽  
Agricultural Cooperative ◽  
Current State ◽  
The Law ◽  
Cooperative Labor

The article analyzes the problems of the current state of legal regulation of labor relations in agricultural cooperatives. Prospects for the settlement of these relations in the context of labor reform and updating of agricultural legislation are investigated. According to the results of the study, a conclusion was made about the low degree of regulation of agrarian labor relations in agricultural cooperatives by the norms of agrarian law. It is determined that in the existing drafts of the Labor Code in terms of settlement of the studied relations a prominent place is given to the local level, which again brings us back to the problem of low level of labor relations with members of agricultural cooperatives by local acts. It is established that based on the provisions of the Law of Ukraine «On Agricultural Cooperation» dated 21.07.2020 № 819-IX the most acceptable way of legal registration of labor participation of members of agricultural cooperatives, will be the conclusion of employment contracts with such persons. It is stated that the abolition of mandatory labor participation of members of the cooperative in its activities and the complexity of regulating such relations in the future may lead to the spread of the practice of not establishing this condition in the statutes of such entities. It is proposed to develop a bylaw that would regulate the method and procedure for registration of relations on labor participation of members of the cooperative in its activities, determine the characteristics of the work of members of the cooperative. A proposal was made to include in the Law of Ukraine «On Agricultural Cooperation» № 819-IX norms on the peculiarities of the regulation of labor relations in agricultural cooperatives. Keywords: agrarian labor relations, cooperative, legal regulation, labor in agriculture, agricultural cooperative, labor relations, membership

scholarly journals Sources of Public Relations Legal Regulation in Cyberspace

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova
Keyword(s):  
Public Relations ◽  
Computer Technology ◽  
Computer Code ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Norms ◽  
Web Space ◽  
The Law ◽  
Different Sources ◽  
The Web

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

scholarly journals Certain Aspects of the Analysis of Cryptocurrency Transactions during the Prevention and Investigation of Crimes

2021 ◽  
Vol 80 (1) ◽  
pp. 93-100
Author(s):  
В. В. Носов ◽  
І. А. Манжай
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Risk Levels ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
Current State ◽  
Current Stage

The analysis of separate tools for the visualization of movement of cryptocurrency values, and also identification of users who carried out the corresponding transactions has been carried out. The advantages and disadvantages of cryptocurrency from the point of view of offenders and law enforcement agencies have been studied. The main directions of using cryptocurrency in a criminal environment have been determined. The current state and perspectives of normative and legal regulation of cryptocurrency in Ukraine have been analyzed. Theoretical principles of cryptocurrency functioning have been studied. The basic concepts used in this area have been revealed. The properties of cryptocurrency have been described. The mechanism of its issuance of guaranteeing pseudo-anonymity while working with cryptocurrency has been outlined. Some features of blockchain technology and formation of cryptocurrency addresses have been revealed. It has been noted that one of the first and most well-known cryptocurrency is bitcoin. The format of bitcoin address presentation has been described. It has been emphasized that bitcoin wallet software can operate with any number of addresses or each address can be served by a separate wallet. The technology of mixing transactions and the method of increasing the anonymity of CoinJoin have been described. The authors have revealed the possibilities of separate services intended for the analysis of cryptocurrency transactions (Maltego, Bitconeview, Bitiodine, OpReturnTool, Blockchain.info, Anyblockanalytics.com, Chainalysis, Elliptic, Ciphertrace, Blockchain Inspector). The process of risk assessment and construction of visual chains of cryptocurrency transactions has been demonstrated on the example of the “Crystal Expert” service. Different types of bitcoin addresses’ holders and risk levels have been described. The main and additional investigation tools used on the “Crystal Expert” platform have been revealed. Based on the conducted analysis, the authors have defined the main tasks for law enforcement agencies at the current stage of development of cryptocurrency. The basic requirements for tools designed for cryptocurrency analysis have been outlined. The authors have suggested some measures of law enforcement agencies’ respond to threats related to cryptocurrency.

scholarly journals The Concept of Psychological Support of Professional Training of Police Officers

2019 ◽  
Vol 24 (6) ◽  
pp. 28-37 ◽  
Author(s):  
O.A. Ulyanina
Keyword(s):  
Police Officers ◽  
Professional Training ◽  
Psychological Support ◽  
Educational Institutions ◽  
Educational Organizations ◽  
Legal Basis ◽  
Criteria And Indicators ◽  
Existing Problems ◽  
Current State ◽  
And Training

The article reveals the legal, organizational, methodological and substantive aspects of the Concept of psychological support of professional training of police officers in departmental universities.These aspects are structured in a consistent description of the following six sections of the Concept: 1) General provisions: a description of the purpose of the Concept and the regulatory legal basis for its implementation; 2) the current state of psychological work in educational organizations of the Ministry of Internal Affairs: analyzes and highlights the existing problems in the practice of psychologists of departmental education; 3) the goals, objectives and principles of the Concept: outlines the purpose of this Concept, namely, the development of the system of psychological work in the educational institutions of the MIA of Russia; this objective is achieved by addressing a number of tasks and taking into account the principles presented in the description section; 4) the implementation of the Concept: outlines the content of the main information blocks reflecting procedural characteristics, conditions and factors of implementation of the Concept; 5) main activities: reviews the areas of psychological work through the prism of such activities as education, prevention, diagnosis, counseling, correction and training; 6) assessment of efficiency: describes the following criteria and indicators of the effectiveness of psychological support: practical and effective, optimal in terms of activity, motivational and predictive.

scholarly journals Development rules about patriot education in the history of russian legislation (IX – XV centuries)

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Марина Пронина ◽  
Marina Pronina
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
The Political ◽  
Political Leaders ◽  
Legal Documents ◽  
Permanent Resident ◽  
Patriotic Education ◽  
Logical Method ◽  
History Of ◽  
The Law

Introduction: The article reveals the legal regulation of rules on patriotic education since the establishment of the facts of the occurrence of the first state before the end of the XV century. The concepts of «patriotism» and «patriotic education» are considered in the historical development from the point of view of the law. Objective: To identify the direct affiliation of «patriotism» to the law and the traditions sanctioned by state authorities. Methods: formal-logical method, which is used to analyze the normative legal acts regulating various aspects of patriotic education with the requirements of the principles of historicism, objectivity, comprehensiveness, complexity and specificity. Results: The study author defines patriotism as a legal category, range of activities including a permanent resident or a native of the state; in the ancient period, securing sources of patriotic activities were writings (chronicles), philosophical and political leaders; during the XI-XIII centuries norms of patriotic behavior found in the official statutes of princes; in the XIV-XV centuries patriotic behavior receives not only legal consolidation in the ship certificates and legal documents of the Grand Duke, but also formed a patriotic doctrine in both the political and religious environment; are examples of reasoned secure methods of patriotic education in the legal sources for the period of formation and development of Russian statehood in the complex military-political and domestic conditions. Conclusions: religious norms are the basic foundation for the formation of patriotic feelings and consciousness of the population. Patriotism, as a feeling, generates actions that are legal relations and, of course, should be regulated by law. Because of their multiple applications they receive state enshrined in legislation.

Sign in / Sign up

Export Citation Format

Share Document