scholarly journals HISTORICAL AND LEGAL PREREQUISITES OF THE LEGISLATIVE REGULATION OF OPERATIONAL AND EXPLORATORY DOCUMENTATION IN UKRAINE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 218-225
Author(s):  
А. А. Саковський
Keyword(s):  
Legal Framework ◽  
Soviet Period ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Social Transformations ◽  
Current State ◽  
The Reformation ◽  
Imperial Power ◽  
Legislative Regulation ◽  
Further Development

The historical and legal preconditions of the legislative regulation of operational and investigative documentation in Ukraine in the context of social transformations and law enforcement reforms are highlighted. The genesis of these activities is considered. The current state of legislative regulation of operational and investigative documentation is described. The directions of its further development and improvement are outlined. The historical stages of origin, formation and development of legislative regulation of legislation in the context of operational and investigative documentation, conduct and use of ARI and NSDC in criminal proceedings are singled out, and the own periodization of the researched question is offered: I period - 911–1550 search activities in Ukraine and the formation of a legislative settlement, the emergence of a codified act of "Russian Truth"; II period - 1550–1846 (Cossack or the period of the Polish-Lithuanian-Russian era) - operative-search documentation in the Reformation period is associated primarily with the creation of search units - the prototype of criminal investigation; ІІІ period - 1846–1917 (period of imperial power) - the essence of operative-search documentation in this period consisted in that in the person of the corresponding state official various procedural functions were combined: the investigator who at the same time was engaged in search, the prosecutor and the judge; IV period - 1917–1958 (Soviet period) - the conduct of secret search activities is not regulated by law and was carried out on the basis of directives of the CPSU (b) -CPSU and departmental secret regulations. V period - 1958-1992 (operational-evidentiary period) - the emergence of the term "operational-search activity" in scientific circles, which included search and search-intelligence activities aimed at detecting crimes, as well as to identify persons who are planning commit a crime or are preparing for it, in order to prevent, prevent or stop them; VI period - 1992–2012 (independent period) - legislative consolidation of the ORD through the adoption of the Laws of Ukraine "On operational and investigative activities" (1992), "On the organizational and legal framework for combating organized crime" (1993) put the search activities carried out in the interests of criminal proceedings, on a legal, civilized basis; VII period - 2012 - present (modern, period of reform) - the adoption and entry into force of the CPC of Ukraine and the beginning of a trend towards convergence of the ORD and the criminal process, which corresponds to the world practice of criminal justice.

scholarly journals Problems of modern aircraft maintenance

2019 ◽  
Vol 18 (2) ◽  
pp. 138-145
Author(s):  
M. A. Kovalev ◽  
I. V. Poddubniy
Keyword(s):  
Cost Effective ◽  
Legal Framework ◽  
Civil Aviation ◽  
Soviet Period ◽  
Aircraft Maintenance ◽  
The European Union ◽  
Industrial Structures ◽  
Current State ◽  
Maintenance Systems ◽  
Post Soviet Period

The paper presents a comparison of the legal framework and the legal work carried out in the USSR, the European Union and in the post-Soviet period in Russia. The current state of the Russian civil aviation fleet, the systems of aircraft maintenance and the main problems of civil aviation development in Russia are considered. From this consideration it follows that the number of aircraft in Russia is increasing every year, alongside with the need for their maintenance. However, the construction of maintenance systems in accordance with outdated rules and regulations makes them unviable. On the basis of the analysis, a conclusion is made that it is necessary to search for optimal models of industrial structures of cost-effective aircraft maintenance organizations and the feasibility of using mathematical modeling methods for these purposes.

Organizational and Legal Aspects of Public Services Delivery in the Republic of Kazakhstan

2019 ◽  
Vol 9 (5) ◽  
pp. 1819
Author(s):  
Leila ZHANUZAKOVA ◽  
Meruyert DOSSANOVA ◽  
Muslim TAZABEKOV ◽  
Eduard MUKHAMEJANOV
Keyword(s):  
Public Services ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Experience ◽  
The State ◽  
Services Delivery ◽  
Current State ◽  
State And Society ◽  
The Republic ◽  
Further Development

The article considers the specific features of public services delivery in the Republic of Kazakhstan and other countries where public services are provided with the involvement of different models of electronic government. Today, state provision of public services to citizens is becoming one of the most important spheres of the functioning of government authorities. The notion of public services has become an object of focused scientific research relatively recently in the Republic of Kazakhstan, while in developed countries, the relationship between the state and society, where the state is viewed as a service provider, developed in the 1980–1990s. The aim of this paper is to analyze the current state of the sphere of public services provided to the population of the Republic of Kazakhstan and to study international experience in this area. The authors view public services delivery as a process of information interaction between the state and society, which, at the current stage of IT development, is increasingly taking an electronic form. The authors explore historical and theoretical prerequisites for the creation of the modern system of public services, the current state of the corresponding organizational and legal framework in the Republic of Kazakhstan, and international experience of development and implementation of successful patterns of public services delivery. Besides, the authors study the specific features of legal regulation pertaining to handing public services over to a competitive environment. The article assesses the possibilities of further use of advanced technologies to address the tasks for which this important element of government control has been developed. The results obtained by the authors consist in the validation of the conclusions about the assessment of the public services sphere and its organizational and legal grounds, as well as the potential for its further development. The paper includes several suggestions for improvement of the organizational and legal framework of public services delivery. The novelty of this article consists in the fact that the authors suggest ways of further development of the interaction between the state and society based on thorough analysis of world practices of public services delivery

scholarly journals The Problems of Implementing the Procedural Relationship Between the Prosecutor and the Investigator on Applying a Measure of Restraint in Judicial Control Proceedings (Through the Example of Detention)

Legal Concept ◽  
2021 ◽  
pp. 57-64
Author(s):  
Vagip Abdrashitov ◽  
Davlatali Kakhkhorov ◽  
Violetta Gavrilova
Keyword(s):  
Preliminary Investigation ◽  
Historical Analysis ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Soviet Period ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Current State ◽  
Criminal Procedure Law

Introduction: the paper examines the problems of implementing the procedural relationship between the prosecutor and the investigator in the course of judicial control proceedings when applying the measures of procedural coercion in the form of detention. In the doctrine of criminal procedure, there are different positions of processualist scientists on improving the criminal procedure activities of the prosecutor and the investigator at the stage of deciding on applying a measure of restraint in the form of detention. The authors took a keen interest in the lack of a legitimate determination of the prosecutor’s opinion on the validity and legality of the request of the preliminary investigation bodies to choose detention in the course of judicial control proceedings. It is the written opinion of the prosecutor as a form of intervention at the pre-trial stages, especially in the course of judicial control proceedings when investigating the issue of choosing detention that contributes to the court’s taking a legitimate and reasoned decision. In this context, the authors set the goal of finding and improving the efficiency of the procedural model of relations between the prosecutor and the investigator on the issue of resolving a preventive measure in the form of detention in the course of judicial control proceedings. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of cognition, comparative law and historical analysis. Results: the authors analyzed the provisions of the criminal procedure norms of the Soviet period on this issue which helped to identify a number of shortcomings in that period and in the present one, which were inherited from the past. Conclusions: the existing procedural model of interaction between the prosecutor and the investigator in a detailed study of the problem of preventive measures in the form of detention, regulated by the current criminal procedure law, does not correspond to the current state policy in relation to the Russian prosecutor, who acts on behalf of the state at all stages of criminal proceedings. In this regard, the authors, based on the analysis of numerous positions of processalist scientists, as well as the judicial and investigative practice, proposed a procedural model of interaction between the prosecutor and the investigator during the judicial control proceedings, which can be applied in regulating the relationship between the prosecutor and the investigator when considering the issue of applying a measure of restraint in the form of detention.

Interrogation of minor and juvenile witnesses in criminal proceedings: Current state and prospects for improvement

2021 ◽  
Vol 28 (3) ◽  
pp. 268-276
Author(s):  
Oksana V. Kaplina ◽  
Oksana P. Kuchynska ◽  
Oksana M. Krukevych
Keyword(s):  
International Standards ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Current State ◽  
Legislative Regulation ◽  
Procedural Code ◽  
General Scientific ◽  
Court Proceedings ◽  
Definition Of ◽  
Children's Interests

The relevance of the study is determined by the need to improve the procedure for obtaining information provided by minors and juvenile witnesses during interrogation regarding the circumstances known to them in criminal proceedings at the litigation stage, while ensuring the best respect for the children's interests. The authors employed philosophical, general scientific, and special scientific methods of cognition, which allowed conducting a detailed analysis of the procedure for interrogating minor and juvenile witnesses at the litigation stage. To develop scientific proposals for improving the legislative regulation of the interrogation of minor and juvenile witnesses during the litigation, the study defined the principles of child-friendly justice that must be observed during this procedural action, as well as the guarantees stipulated by the Criminal Procedural Code of Ukraine and aimed at implementing international standards for ensuring the rights of minors in criminal proceedings. The authors of this study state that the legislative definition of requirements imposed separately on the teacher, psychologist, and doctor involved in the interrogation of minor or juvenile witnesses, as well as the procedure for involving such persons by the court and the pre-trial investigation body, would considerably improve the quality of the required aid to minor witnesses and would meet international standards. The study analyses the international practices concerning the introduction of the institution of representation in the litigation of pre-recorded testimony of minors and juvenile witnesses. The authors established that the introduction of such an institution is absolutely justified and will have an exceptionally positive effect both for minor and juvenile witnesses, as well as for the process of proof, and can be implemented in Ukrainian legislation. Scientific proposals have been developed to improve the legislative regulation of the interrogation of minor and juvenile witnesses during court proceedings

scholarly journals GENESIS OF LEGAL REGULATION OF OPERATIONAL INVESTIGATION TACTICS

2021 ◽  
pp. 151-168
Author(s):  
S. O. Pavlenko
Keyword(s):  
Rule Of Law ◽  
Academic Discipline ◽  
Legal Framework ◽  
Legal Regulation ◽  
Soviet Period ◽  
Search Activity ◽  
Soviet Government ◽  
Direct Formation ◽  
Framework Development ◽  
Historical Periods

The article examines the formation and development of legal regulation of operational and investigative tactics in different historical periods. It was found that the beginning of the direct formation of the legal framework (development and adoption of circulars, regulations, orders, instructions, instructions) of operational and investigative activities (organization and tactics) dates back to the beginning of the XX century. It is noted that despite the presence of some gaps (problems) in the legislation governing the search (search) activities in the pre-revolutionary period, in general, the provisions enshrined in regulations of that time became the basis (basis) for improving and developing regulatory organization and tactics of operational and investigative activities in subsequent historical periods, especially in the Soviet period. It is emphasized that in the Soviet period the first legal acts of the Soviet government (through the VNK), regulating operational and investigative activities, were far from perfect and only partially regulated the organization of covert work and tactics of operational and investigative measures, which affected unsatisfactory state of counteraction to crime. According to the results of the study of special literature, during the existence of Soviet power, more than two dozen departmental regulations were adopted, regulating the organization and tactics of operational and investigative activities in places of imprisonment. At the same time, despite such a strong legal framework governing operational and investigative activities, including in penitentiary institutions, the legal grounds for operational and investigative activities were largely ignored, and the basic principles of law enforcement – the rule of law – were leveled. The period of 1950–1960 is characterized by the beginning of the formation of operational and investigative activities as an independent academic discipline. At the same time, despite such achievements, a significant number of prominent scientists continue to consider operational and investigative activities and their theory as part of criminology. Only in the early 70’s the scientific community recognized operational and investigative activities as an independent discipline. This was directly facilitated by the scientific research of famous scientists. During the 1970s and 1980s, in the scientific developments of prominent scientists (D. V. Grebelsky, V. G. Samoilov), in addition to discussions on the object and subject of operational and investigative activities, attention was paid to compliance with the fundamental principles of human rights and freedoms. time of operative-search activity (rule of law, legality). However, the excessive secrecy of operational and investigative activities and the lack of a codified act that would regulate its implementation at the legislative level, makes it virtually impossible for the subjects of operational and investigative activities to implement these principles in practice. A thorough analysis of the scientific literature and the results of the survey of respondents shows that the current Law on OSA is currently outdated, and its provisions do not comply with the provisions of the law. The prospect of further exploration is a study of the current state of legal regulation of operational and investigative tactics and prospects for its improvement.

scholarly journals Rome club and social transformations of the second half of the XX and the beginning of the XXI century

2019 ◽  
Vol 24 (4) ◽  
pp. 188-205 ◽  
Author(s):  
A. V. Sidorina
Keyword(s):  
Social Life ◽  
Global Ethics ◽  
Social Transformations ◽  
Current State ◽  
Value Structures ◽  
Global Problems ◽  
The Rich ◽  
Club Of Rome ◽  
Further Development ◽  
Institutional Order

The article analyzes the main prerequisites for the emergence and further development of the Сlub of Rome. The second half of the XX century is seen as a period of qualitative transformation of all aspects of social life. The emergence of the Сlub of Rome in this period is seen as a response to the ongoing transformation processes. Globalization and the scientific and technological revolution are becoming the basic prerequisites for the formation of global problems of human civilization. Global problems are being analyzed at the international community level. The first reports of the Club of Rome analyzed the global problems of our time in the context of “society — nature” with the using computer modeling methods. If the first reports were characterized only by an assessment of the current state of civilization and forecasting its further development (with an emphasis, as a rule, on pessimistic aspects), then the subsequent works of the members of the Club of Rome is characterized by an attempt to build a model out of the existing crisis and the further sustainable development of civilization. Th e second group of reports of the Сlub develops in the framework of the analysis of interaction in the system “society — individual”. This is partly due to the fact that social problems are becoming more acute, primarily the problem of confrontation between the “rich North and the poor South”. Within the framework of these works, the idea that modern global problems are not only environmental and economic problems, they are problems of political and institutional order, they are demographic, cultural, ideological, they are problems of the crisis of the basic value structures of modern civilization is gaining popularity. The authors of the reports lead us to the need to build a new ideological paradigm, which will be the basis of a new global ethics. The creation of a new ethics of international cooperation is considered as a basic and key condition for overcoming the existing crisis.

ANALYSIS OF APPLICATION OF BLOCKCHAIN TECHNOLOGIES FOR THE BANKING SECTOR

2017 ◽  
Author(s):  
Svitlana Ilkovych ◽  
◽  
Maryna Korol ◽  
Keyword(s):  
Banking Sector ◽  
Blockchain Technology ◽  
Current State ◽  
Global Banking ◽  
Banking Institutions ◽  
Pros And Cons ◽  
Further Development

The article considers the essence of blockchain technology and the possibility of its application in the banking sector. The current state of development and application of blockchain technologies in various industries is analyzed. The pros and cons of using blockchain technologies for the banking sector are identified. Emphasis is placed on the role of blockchain technologies in the further development of the banking sector. The most promising directions of development of this technology are considered. Particular attention is paid to examples of the use of blockchain technology by global banking institutions.

Technological and Economic Aspects of Intensive Gardening Development in Russia

2020 ◽  
pp. 28-36
Author(s):  
L.A. Velibekova ◽  
◽  
Sh.M. Magomedgadgiev ◽  
Keyword(s):  
Climatic Conditions ◽  
Necessary Condition ◽  
Healthy Lifestyles ◽  
Current State ◽  
Nursery Management ◽  
The Russian Federation ◽  
The Republic ◽  
Further Development ◽  
Key Industry ◽  
Fruit Plantations

The article notes that the growing popularity of healthy lifestyles contributes to the increase in consumption of fruits and berries. At the same time, the analysis of the dynamics of the gardening industry for 2000-2018 shows that the problem of providing fresh fruits and berries to the population remains one of the most important. Based on actual data, linear and logarithmic models of time series of key industry indicators for the period 2010 – 2019 have been compiled. Calculations showed that in the Russian Federation as a whole the trend of reduction of sown areas of perennial fruit plantations will continue with growth of yield and gross fees. In this regard, the issues of distribution and introduction of gardens of intensive type are updated. An overview of the views of domestic scientists-gardeners on the concept of “intensive garden” is given. It has been established that the distribution of intensive gardens is possible only if there are favorable natural and climatic conditions and a developed scientific and production base of nursery management. The current state and problems of gardening in one of the leading regions – the Republic of Dagestan - are considered. A significant technological lag of region in the further development of intensive horticulture has been identified. Various directions of intensification process in horticulture as the main and necessary condition of growth of efficient and sustainable production are summarized.

Thematic Priorities For Sustainable Development of Ukraine-Romania Cross-Border Cooperation (The Case Study of Chernivtsi Region)

2020 ◽  
pp. 205-219
Author(s):  
Valentyna Bohatyrets ◽  
Liubov Melnychuk ◽  
Yaroslav Zoriy
Keyword(s):  
Foreign Policy ◽  
Quantitative Research ◽  
Legal Framework ◽  
Cultural Development ◽  
Cross Border ◽  
Strategic Orientations ◽  
The Impact ◽  
Further Development ◽  
Cross Border Cooperation ◽  
The Eu

This paper seeks to investigate sustainable cross-border cooperation (CBC) as a distinctive model of interstate collaboration, embedded in the neighboring borderland regions of two or more countries. The focus of the research revolves around the establishment and further development of geostrategic, economic, cultural and scientific capacity of the Ukrainian-Romanian partnership as a fundamental construct in ensuring and strengthening the stability, security and cooperation in Europe. This research highlights Ukraine’s aspirations to establish, develop and diversify bilateral good-neighborly relations with Romania both regionally and internationally. The main objective is to elucidate Ukraine-Romania cross-border cooperation initiatives, inasmuch Ukraine-Romania CBC has been stirring up considerable interest in terms of its inexhaustible historical, cultural and spiritual ties. Furthermore, the similarity of the neighboring states’ strategic orientations grounds the basis for development and enhancement of Ukraine-Romania cooperation. The authors used desk research and quantitative research to conclude that Ukraine-Romania CBC has the impact not only on the EU and on Ukraine multi-vector foreign policy, but it also has the longer-term global consequences. In the light of the current reality, the idea of introducing and reinforcing the importance of Cross-Border Cooperation (CBC) sounds quite topical and relevant. This research considers a number of explanations for Ukraine-Romania Cross-Border Cooperation as a key element of the EU policy towards its neighbors. Besides, the subject of the research is considered from different perspectives in order to show the diversity and complexity of the Ukraine-Romania relations in view of the fact that sharing common borders we are presumed to find common solutions. As the research has demonstrated, the Ukraine-Romania cross border cooperation is a pivotal factor of boosting geostrategic, economic, political and cultural development for each participant country, largely depending on the neighboring countries’ cohesion and convergence. Significantly, there is an even stronger emphasis on the fact that while sharing the same borders, the countries share common interests and aspirations for economic thriving, cultural exchange, diplomatic ties and security, guaranteed by a legal framework. The findings of this study have a number of important implications for further development and enhancement of Ukraine-Romania cooperation. Accordingly, the research shows how imperative are the benefits of Romania as a strategic partner for outlining top priorities of Ukraine’s foreign policy.

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