scholarly journals APPLICATION OF RESEARCH METHODS FOR THE PREVENTION OF CRIMINAL OFFENSES IN CRIMINAL-EXECUTIVE INSTITUTIONS

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 31-39
Author(s):  
Я. В. Стрелюк
Keyword(s):  
Research Methods ◽  
System Analysis ◽  
The State ◽  
Necessary Condition ◽  
Scientific Methods ◽  
Legal Method ◽  
Criminal Offenses ◽  
Scientific Analysis ◽  
Expert Assessments ◽  
Definition Of

The article analyzes scientific approaches to the definition of research methods for the prevention of criminal offenses in criminal-executive institutions. Methods of knowledge are important for the chosen research methodology, and they are means of revealing, deploying and systematizing the content of the subject of research on the prevention of criminal offenses in criminal-executive institutions. It has been established that recently scientists in their research have not only begun to create their own methodological tools, but have subjected it to scientific analysis, which positively affects the final result of the study. However, in such cases, young scientists often reduce it to a traditional list of general scientific methods of cognition, since they are universal and are used in any cognitive process. It is determined that the necessary condition for the application of the historical and legal method is the observance of the principle of unity of historical and logical, which consists in the logic of the study of the prevention of criminal offenses in criminal-executive institutions; discloses the historical recurrence of its phenomena and processes, their general principles of development, regardless of the specific forms in which they are expressed. It was noted that when applying the comparative legal method in the study of the prevention of criminal offenses in criminal-executive institutions, the goal should not be to fully implement foreign experience, since such borrowing is possible only considering the specifics of the functioning of the State criminal-executive service of Ukraine. The most common sociological methods for knowing and assessing the level of criminal offenses committed in criminal-executive institutions are the method of interviewing convicts and staff and the method of expert assessments. These methods are the most universal for identifying the causes and conditions of criminal offences in criminal-executive institutions. It has been established that the choice of a research method depends on many factors, but its basis is mandatory methods: dialectical; comparative legal, historical; historical and legal, sociological and dogmatic. To a lesser extent, scientists use methods such as: the method of structural-system analysis; formal legal; statistical; formal-logical; a systemic-structural and systematic method. The methods and tools of scientific analysis of criminal offences committed in criminal-executive institutions by both convicts and staff allow the State Prison Service to develop comprehensive scientifically based measures to prevent them.

scholarly journals SOME ECONOMIC ASPECTS OF FRANCHISING IN THE USA

2020 ◽  
Vol 5 (5) ◽  
pp. 183
Author(s):  
Yuliia Chaplynska ◽  
Varvara Piterska
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Economic Aspects ◽  
Scientific Methods ◽  
Legal Method ◽  
The Us ◽  
Analysis And Synthesis ◽  
The Usa ◽  
Definition Of

The purpose of the article is to study the economic aspects of franchising in the USA. The subject of the study is some economic features of franchising activity in the USA. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of franchising in the USA. Comparative legal method was used to compare legislative approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the US legal acts governing issues related to franchising was realized with the help of the normative-dogmatic method. The system-structural method was used to study franchising in the USA as a single entity (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some economic aspects of the studied category to formulate further conclusions. Practical application. The positive experience of the USA in regulating issues related to franchising can be used for making appropriate changes to the Ukrainian legislation. Since franchising had originated and developed in this country, it is advisable to identify the key economic and some legal features of this area of business activity. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to the general issues of franchising activity regulation, but specifically to the economic features of franchise activity in a separate country (in the USA).

scholarly journals INVESTIGATION THE ROLE OF RELIGIOUS ORGANIZATIONS IN SYSTEM OF GENERAL EDUCATION: FORMS OF STATE-CONFESSIONAL INTERACTION

2019 ◽  
Vol 7 (4) ◽  
pp. 818-821
Author(s):  
Olga S. Ivanova ◽  
Irina S. Chalykh ◽  
Boris V. Makogon ◽  
Leonid P. Rasskazov ◽  
Elvira M. Vasekina
Keyword(s):  
General Education ◽  
System Analysis ◽  
The State ◽  
Religious Organizations ◽  
Scientific Methods ◽  
Legal Method ◽  
Role Of The State ◽  
Analysis And Synthesis ◽  
Teachers And Students

The purpose of the article: This was aimed at conducting a system analysis of the forms of interaction between religious organizations and modern states implementing the secular model regarding the regulation of religion component in the field of general education.Materials and methods: Various general scientific methods and methods of logical cognition were used in this study including analysis and synthesis, systemic, formal-logical. The subject under study was investigated by the use of a formal legal method and content analysis.Results of the research: The necessity with respect to the role of the state to guarantee activities of confessional educational organizations implementing general education programs (their components) in legal, organizational, methodological and financial spheres were substantiated. It was proposed to unify the approach according which the state regulating the participation of religious organizations in the field of general education in order to ensure equal opportunities for students in implementation of freedom of conscience and religion. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of investigation of the role of religious organizations in system of general education: forms of state-confessional interaction is presented in a comprehensive and complete manner.

scholarly journals FRANCHISE AGREEMENT IN ROMANIA AS A FORM TO PROVIDE ECONOMIC EFFICIENCY OF BUSINESS ACTIVITY

2019 ◽  
Vol 5 (1) ◽  
pp. 27
Author(s):  
Vitalii Vdovichen ◽  
Oleksandr Voroniatnikov
Keyword(s):  
Economic Activity ◽  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Competitive Actions ◽  
Key Terms

The purpose of the article is to study the economic and legal nature of the franchise agreement in Romania. Franchising has become one of the most effective tools for economic activity and profiting in this country, and the franchising agreement is a form, in which all aspects of this activity are reflected: the rights and obligations of the parties, the price of the franchise, the duration of the franchise relations, transactions between the franchisor and the franchisee, the prohibition of competitive actions, etc. The subject of the study is the franchise agreement in Romania. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Romania and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out, in which areas of economic activity franchising is most demanded. Interpretation of the content of Romanian legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Romania as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Romania, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Romania in regulating issues related to the conclusion of a franchise contract can be used for making appropriate changes to the Ukrainian legislation. Thus, in Romania, a special regulatory act (Ordinance 52/1997), which regulates the procedure for concluding this agreement, defines the rights and obligations of the parties and establishes the essential terms of the contract and the principles for its implementation, was adopted. Issues which are not regulated by the Ordinance are subject to the Civil and the Commercial Codes of the country, as well as European legislation, which sets out requirements for the prohibition of competition. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Romania) and its legal and economic peculiarities.

scholarly journals ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN POLAND

2019 ◽  
Vol 5 (1) ◽  
pp. 137
Author(s):  
Petro Nemesh ◽  
Vitalii Kadala
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Legal Aspects ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Key Terms

The purpose of the article is to study the economic and legal nature of the franchise agreement in Poland. Since franchising in this country has become the most common way of establishing a business, it is advisable to identify the key economic and legal features of the franchise agreement in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in Poland. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Poland and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of Polish legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Poland as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Poland, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Poland in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Although there is no special legislation in Poland, which regulates the issues connected with this kind of contract, the adoption of a number of progressive economic measures, as well as complement existing regulations with the provisions on franchising, allowed Poland to become one of the most attractive countries for foreign entrepreneurs. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Poland) and its legal and economic peculiarities.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

Forms of prevention of illegal migration by the State Border Service of Ukraine

2021 ◽  
pp. 79-87
Author(s):  
A. Mota
Keyword(s):  
Crime Prevention ◽  
System Analysis ◽  
Preventive Measures ◽  
Research Work ◽  
The State ◽  
Educational Process ◽  
Illegal Migration ◽  
Definition Of ◽  
The Impact ◽  
Operational Service

Purpose. The purpose of the work is to analyze the theoretical and regulatory provisions relating to the definition of forms of preventive action to combat illegal migration and used in the protection of the state border. Methodology. The method covers the application of general theoretical and special methods of scientific knowledge aimed at processing the conclusions of the study. The dialectical method, system analysis, classification and grouping methods, as well as the sociological method are used in the work. Results. The use of the most appropriate and lawful preventive measures is associated with the definition of a scientifically sound system of crime prevention, detailed structural characteristics of which in the activities of the State Border Guard Service of Ukraine to combat illegal migration are covered by two main blocks: procedural and operational. The procedural block concentrates such forms as operative-search activity, proceedings in cases of administrative offenses, proceedings on the application of forced return, forced expulsion and readmission of foreigners or stateless persons. The operational-service block covers the following forms: border service, border control, operational-search and information-analytical activity, engineering-technical control, complex preventive measures (operations). Scientific novelty. According to the results of the research, the system of forms of crime prevention in the activity of the State Border Guard Service of Ukraine on counteraction to illegal migration is substantiated, which envisages procedural and operational-service blocks. Forms of the procedural block of prevention of illegal migration are characterized by the impact on the offense, which has a preventive value, as well as the focus on the restoration of the disturbed state. Operational and official forms of prevention of illegal migration are designed to prevent offenses, as well as their detection to ensure an appropriate procedural response. Practical significance. The results of the research can be used in research work for further study of general and special issues of improving the fight against illegal migration, in the field of lawmaking - to improve the current administrative and migration legislation of Ukraine, in the educational process during the organization of educational activities and teaching administrative law. cycle, in law enforcement - to increase the efficiency of bodies and units of state border protection.

Instability and Uncertainty of Human Life Way Development at Life Bifurcuration Points

2020 ◽  
pp. 9-12
Author(s):  
A.V. Rukin
Keyword(s):  
Research Methods ◽  
Scientific Explanation ◽  
Human Life ◽  
Self Organization ◽  
Necessary Condition ◽  
Way Of Life ◽  
Complex Objects ◽  
Main Research ◽  
Life Path ◽  
Definition Of

Man and his individual way of life are the most complex objects of scientific research. In modern humanitarian knowledge, the question of the nature of man and his life path is debatable. The article continues the cycle of author's works devoted to the development of an informational approach to self-organization of a person and his life path. The relevance of the study is due to the need for a scientific explanation of the phenomena of self-organization in the development of human life. The purpose of this work is to identify the effect of instability and uncertainty on the development of a person’s life path at points of vital bifurcation. The article gives the author’s definition of a person’s life path, analyzes the existence of a person in conditions of intrapersonal instability and uncertainty, and the development of human life at points of vital bifurcation. The results of the study allow us to consider instability and uncertainty as a necessary condition for the emergence of processes of self-organization of a person’s life path at the point of vital bifurcation. The main research methods are reflection and modeling.

scholarly journals DIRECTIONS FOR IMPROVEMENT OF GOODS DECLARATION IN CONDITIONS OF INTEGRATION PROCESSES

Management ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 76-86
Author(s):  
Tetyana Yu. Dudorova
Keyword(s):  
The State ◽  
Economic Research ◽  
Necessary Condition ◽  
Electronic Document ◽  
The European Union ◽  
Expert Assessments ◽  
Import And Export ◽  
And Control ◽  
The Given ◽  
Current Mechanism

Introduction and purpose of the study. Trends in global development in the context of the global economic crisis dictate new challenges, in particular, the simplification of customs and logistics procedures during the import and export of goods to (from) the territory of countries. Today, the maximum approximation of customs procedures in Ukraine to the European and world standards is gradually being made, their maximum simplification at all stages, the reduction of the influence of the human factor on the results of the customs introduction of the elements of the electronic document flow system in the execution of customs clearance and customs control of goods.The hypothesis of scientific research. It is anticipated that in today's conditions of openness of the Ukrainian economy the necessary condition for the organization of the customs business – in general – and customs control, in particular, is the declaration, identification and control of customs value, which has fiscal and regulatory potential, and accordingly characterized by problematic issues that require new theoretical and practical approaches to its evaluation and control. The purpose of the article is to study the current mechanism of customs declaration of goods in Ukraine.Methods of research: in the process of work, the following methods of economic research were used: system-structural, abstract-logical, comparative and balance, expert assessments, etc.Results: The state of the procedure of customs clearance of goods is considered and investigated. The given results of practical introduction of electronic document circulation with the use of electronic digital signature in the customs business of Ukraine.Conclusions. The creation of a multifunctional integrated electronic customs system is aimed at strengthening Ukraine's customs security, further developing and adapting the information systems of the State Customs Service of Ukraine to the standards of the European Union, creating conditions for accelerating customs control and customs clearance procedures, improving the level of services provided by the state in the customs sphere, restriction of the possibility of committing illegal and corrupt acts.

scholarly journals ARTIFICIAL INTELLIGENCE VERSUS PUBLIC ADMINISTRATION: LIMITATIONS OF APPLICATION

2019 ◽  
Vol 7 (3) ◽  
pp. 516-520
Author(s):  
Petr M. Morkhat ◽  
Igor V. Ponkin ◽  
Marina V. Markhgeym ◽  
Vladimir K. Botnev ◽  
Aidyn O. Turganbayev
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Research Methods ◽  
System Analysis ◽  
The State ◽  
Point Of View ◽  
Existing Problems ◽  
The Future ◽  
Long Time ◽  
Systemic Problems

Purpose of Study: The present study was designed to study possibilities, conditions, grounds and limitations regarding the use of technologies and units of artificial intelligence in public administration. Determinants of the need to use such technologies in public administration were also considered. In this study, directions of realizable engagement which is already implemented, as well as directions of the possible use of artificial intelligence units in the future for public administration were investigated to ensure the functioning of system of state executive bodies. Methodology: The present research carried out based on the application of research methods such as system analysis, synthesis, and classification. Using these research methods, the concepts of describing conditions, possibilities, modes and functional-target load of using technologies and units of artificial intelligence in public administration, as well as limitations of its application in public administration were developed. Results: It was found that the use of artificial intelligence by the state for performing its various own tasks is highly relevant as it might lead to finding many positive approbations. However, despite the fact that technologies and artificial intelligence units have been developed for a relatively long time, and some of them are already widely used, it is still impossible to talk about the integrated, fully tested and properly regulated implementation of this kind of technology and units for management, therefore, it is suggested to further investigate on this issue from a theoretical (prognostic) point of view, taking into account potential directions and possibilities regarding    the use of such technology and units. Implications/Applications: The use of technologies and units of artificial intelligence does not necessarily take into account as a panacea for solving the problems and may not lead to solving some systemic problems in public administration, but, on the contrary, may even aggravate some existing problems in public administration and contribute to the emergence of new problems and risks.

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