Principles of organization of the judicial system in the conditions of national liberation competitions 1917-1921

2020 ◽  
pp. 8-15
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Legal Aspects ◽  
Judicial System ◽  
Practical Significance ◽  
National Liberation ◽  
Military Justice ◽  
The Status ◽  
Western Ukraine ◽  
Democratic Revolution ◽  
General Scientific ◽  
Liberation Struggle

Purpose. The aim of the study is to determine the general principles and approaches to the organization of the judiciary and the judiciary during the Ukrainian National Democratic Revolution of 1917-1921, to establish common and different approaches and principles in the organization of the judiciary. Methods. The methodological basis of the study was a combination of principles and methods of scientific knowledge: objectivity, historicism. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific cognition is used. Findings. Following the dynamics and specifics of the formation of the judiciary in the national liberation struggle of 1917-1921, it was established that for the UPR, the Ukrainian State and the Western Ukraine, there are a number of common and different principles. What they have in common is the lack of proper experience in the field of organization of the judicial system in particular, and state power in general; focusing on military justice; declarative nature of the independence of the judiciary. It was remarkable that only in the Western Ukrainian People's Republic there was more experience in legislative activity, which, together with the reception of Austrian law, led to a clear legislative consolidation of the functions and powers of civil and military courts. Only in the period of the Central Rada and the Western Ukrainian People's Republic was an attempt made to constitutionalize the judicial system and determine the status of the judiciary. Originality. Based on the analysis of historical and legal aspects of the formation of the judicial system during the liberation struggle of 1917-1921, common and different approaches and principles in the organization of the judicial branch of power were revealed. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

Fractional organization of Ukrainian ambassadors of the Galician Sejm

2021 ◽  
pp. 23-31
Author(s):  
Ivan Krykhovetskyi
Keyword(s):  
Twentieth Century ◽  
Central Government ◽  
Practical Significance ◽  
Social Affiliation ◽  
Early Twentieth Century ◽  
The Status ◽  
Minimum Number ◽  
General Scientific ◽  
The One ◽  
Historical Methods

Purpose. The aim of the study is to identify the legal basis for the organization and establishment of the status of the Ukrainian Seimas factions of the second half of the nineteenth - early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and historical methods, as well as the principles of historicism and objectivity. Results. It was established that the faction is defined as a natural institution of association of Sejm ambassadors, which allowed to carry out effective legislative activity, as the minimum number of deputies who could submit a bill or block the one under consideration was 15. Emphasis is placed on the leadership of the Ukrainian faction. in particular their social affiliation and political beliefs of leaders. The legal bases of the faction's activity are considered separately. Emphasis is placed on how the activities of the Sejm influenced the state and legal thought of Galicia in the late nineteenth - early twentieth century. The peculiarities of the Polish-Ukrainian political confrontation within the walls of the Sejm, including in the process of factional organization, are studied. It was established that social affiliation had a significant influence on the political opinion of Galician Ukrainians, including the process of their factional organization. Thus, until the 1870s, the Ukrainian Sejm ambassadors were dominated by representatives of the clergy, and only at the turn of the nineteenth and twentieth centuries. political leadership passes to the secular intelligentsia - lawyers, lawyers. Scientific novelty. It has been established that for more than 50 years of the Seimas' activity, no normative acts regulating the process of formation of the Seimas factions have been issued either by the central government or by the Seimas itself. The creation of Sejm factions was the competence of the deputies themselves or political groups, which were represented in the highest representative body of the region. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

The idea of independence and freedom in the activities of Hasan Oraltay

2021 ◽  
Vol 28 (3) ◽  
pp. 97-108
Author(s):  
Bakytzhan B. Aktailak ◽  
Tlegen S. Sadykov ◽  
Ganizhamal I. Kushenova ◽  
Kairat K. Battalov ◽  
Ainur P. Aliakbarova
Keyword(s):  
Soviet Union ◽  
Practical Significance ◽  
National Liberation ◽  
Communist System ◽  
The Soviet Union ◽  
National Liberation Movement ◽  
History Of ◽  
Historical Role ◽  
Liberation Struggle

Hasan Oraltay is a Kazakh figure abroad, researcher of the national liberation movement, historian, publicist, author of works in Turkish, Kazakh, English, German and other languages, honorary professor of the International Kazakh-Turkish University. He devoted all his life to serving for the benefit of the Kazakh people. In the 20th century, the Kazakhs of East Turkestan waged a liberation struggle for their freedom and independence. Hasan Oraltay wrote a chronicle of the life of the Kazakhs, persecuted by the totalitarian communist system in their homeland and gained freedom in the West. His writings highlight the history of the Alash national intelligentsia and all the pressing problems of Kazakhstan. The scientific novelty of the research is determined by the fact that the article deals with the writer's and, as is known, the historical role of Hasan Oraltay, from the perspective that the Kazakhs of East Turkestan, picking a pen, declared the first swallow of the national liberation struggle to the world. Half a century ago, his first book was published in the Turkish city of Izmir “On the way to freedom. Kazakh Turks of East Turkestan”. Until the last period of his life, all works written and organised by him were devoted to urgent problems concerning the Kazakh people, for the Kazakh past and future. Radio Azattyk (RL/RFE) was the first to speak about the uprising of Kazakh youth against the Soviet system in December of 1986. Later, Hassan Oraltay published in the Western press various articles about the December events, collections and books, in which he assessed the protest mood in Soviet Kazakhstan. The practical significance of the study is determined by the fact that for 27 years of service in Azattyk, Hasan Oraltay constantly raised the urgent problems of Kazakhs in the Soviet Union. The study collected all information on the ideas of independence

scholarly journals The development of state audit (control) based on the principles of the Moscow Declaration adopted at INTOSAI

2021 ◽  
pp. 62-71
Author(s):  
Marina Afanas'evna Lapina ◽  
Aleksandr Georgievich Gurinovich ◽  
Dmitrii Andreevich Kazantsev
Keyword(s):  
Scientific Method ◽  
Legal Status ◽  
Legal Aspects ◽  
Financial Control ◽  
State Audit ◽  
The Status ◽  
General Scientific ◽  
The Subject ◽  
The Government

This article carries out the conceptual analysis of development trends in control and oversight activity of the supreme audit institutions (supreme financial control bodies), which contributes to achieving the goals of sustainable development until 2030. The research leans on fundamental analysis of the principles of the Moscow Declaration endorsed by INTOSAI. The subject of this research is the financial-legal aspects of transformation of the status of control and audit bodies that exercise external financial control aimed at maintaining sustainable economic development of the society through implementation of principles of audit of budget funds. The article employs the method of dialectical scientific knowledge, which is based on the set of private and general scientific method, including formal-logical that interprets the norms and principles contained in the international declarations of the supreme audit institutions. The authors offer the classification of principles depending on the key vectors in the development of state audit (control) and contained explicitly in the vectors of development. Conflicts of principles established in the Mexican and Moscow INTOSAI Declarations are determined. The scientific novelty lies in substantiation of formation of the new special legal status of the supreme financial control bodies that not only verify legitimacy, effectiveness, and feasibility of budget expenditures, but are an external and independent strategic assistant to the government and executive authorities as well.  The authors conclude on the institutional change in the status of supreme financial control bodies.

scholarly journals Organizational and structural aspects of the formation of the economic efficiency of agricultural enterprises

Ekonomika APK ◽  
2020 ◽  
Vol 310 (8) ◽  
pp. 98-106
Author(s):  
Yuliia Okhota
Keyword(s):  
Economic Efficiency ◽  
Structural Changes ◽  
Practical Significance ◽  
Scientific Methods ◽  
Agricultural Enterprises ◽  
Analysis And Synthesis ◽  
The Status ◽  
Logical Method ◽  
General Scientific ◽  
Structural Aspects

The purpose of the article is to characterize the organizational and structural aspects of the formation of economic efficiency of agricultural enterprises. Research methods. General scientific methods were used during the research - analysis and synthesis (to identify the links between the factors of formation of economic efficiency of agricultural enterprises, as well as to assess the status unifying effects of its formation); induction (for the implementation of theoretical conclusions about the patterns of causation of organizational and structural changes and the results of economic activity of enterprises); comparison (to compare the dynamics of changes in the structural composition of enterprises in the process of economic reform, as well as the financial efficiency of their activities); abstract-logical method (for structuring the factors and effects of the formation of economic efficiency of agricultural enterprises). Research results. The organizational and structural aspects of the formation of economic efficiency of agricultural enterprises as a representation of their system, as well as individual businesses are substantiated and disclosed. Scientific novelty. Based on the systematization of empirical data on the development of agricultural enterprises, it was identified modern features of the formation of economic efficiency, its organizational and structural aspects with estimates of the enterprises size and their regional specifics of efficiency. Practical significance. The obtained results have an applied, methodological orientation and provide an opportunity to justify management decisions in the development of agricultural enterprises depending on the size and taking into account the organizational form. Tabl.: 4. Refs.: 18.

Theoretical basis of research of the process of formation of police bodies in the Western Ukrainian lands in 1944-1953

2021 ◽  
pp. 37-48
Author(s):  
Vasyl Zhupnyk
Keyword(s):  
Previous History ◽  
Practical Significance ◽  
Soviet Period ◽  
Comparative Approach ◽  
Wide Range ◽  
Western Ukraine ◽  
History Of ◽  
General Scientific ◽  
Second Wave ◽  
Postwar Decade

Purpose. The aim of the study is to analyze the works of Soviet and modern Ukrainian scientists, which reveal the process of formation and specifics of the police in Western Ukraine in the postwar decade. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism and objectivity. The key was the historiographical method and comparative approach, which allowed to identify key approaches and trends in the study of the process of creation and operation of police bodies in Western Ukraine in the first postwar decades. Results. It is established that the scientific works which reveal the process of creation of the Soviet authorities in the western Ukrainian lands, in particular the militia, were formed on the basis of several subjective factors, which were especially evident in the Soviet period. So, first, they were usually timed to coincide with certain events related to the anniversaries of the police and the Communist Party; as a «leading and guiding force»; second, they were all based on Marxist-Leninist methodology; thirdly, they have a one-sided «positive» character, although they give an idea of the main activities of the police; fourth, they do not cover the causes of repression, and even if they do, only as a «fight against criminal and anti-Soviet» criminal elements. In the conditions of Ukraine’s statehood, the departure from ideological dogmas, as well as access to a large array of previously inaccessible to a wide range of researchers archival material made it possible to find new conceptual approaches to objectively cover the history of Soviet police in Ukraine. Scientific novelty. The analysis of the main theoretical and historical-legal approaches to the disclosure of the process of creation and activity of police bodies in the western Ukrainian lands in the conditions of the second wave of Sovietization is given. Practical significance. The results of the preliminaries can be obtained from the previous history and legal preliminaries, preparatory special courses.

DISCIPLINARY RESPONSIBILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Legal Aspects ◽  
Judicial System ◽  
Legal Responsibility ◽  
Access To Justice ◽  
Main Body ◽  
Aarhus Convention ◽  
Legal Situation ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article presents the conceptual foundations of the disciplinary responsibility of judges. It was found that the legal basis for bringing judges to disciplinary responsibility is governed by the provisions of such documents as the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Constitution of Ukraine, the Convention on Access to Information, Public Participation in Decision Making and access to justice in environmental matters (Aarhus Convention), ratified by the Law of Ukraine dated 06.07.1999 No. 832-XIV, Decision of the XI (regular) Congress of Judges of Ukraine dated 22.02.2013 «On Approval of the Code of Judicial Ethics». It has been established that bringing judges to disciplinary responsibility for violation of professional duties is a guarantee of the protection of the rights and freedoms of citizens, their interests, as well as a way of forming the rule of law in the country. It was determined that judges can be brought to disciplinary responsibility, the order of disciplinary proceedings on which is based on the grounds determined by the Law of Ukraine «On the Judicial System and the Status of Judges». It has been proved that in addition to the Law of Ukraine «On the Judicial System and the Status of Judges», the Resolution of the European Association of Judges also has its own list of grounds for bringing judges to disciplinary responsibility, which are clearly delineated for the legal situation in Ukraine. It has been established that today the grounds for bringing judges to legal responsibility, in particular to disciplinary responsibility, are based on factual and legal aspects, where the factual aspects of bringing judges to disciplinary responsibility indicate where the offense was committed and which responsibility is provided. It was found that a disciplinary offense of a judge is the commission of an act (action or inaction) by a judge, as a result of which the duties determined by law are violated, and on the basis of such violations, the judge is brought to disciplinary responsibility according to a specially developed legal procedure. It has been determined that the main body that considers disciplinary cases in relation to bringing judges to disciplinary responsibility in Ukraine is the High Council of Justice.

scholarly journals THE ORIGIN AND DEVELOPMENT OF SPORT TOURISM MOVEMENT IN WESTERN UKRAINE (THE MIDDLE OF THE XIX – THE MIDDLE OF THE XX CENTURY)

2020 ◽  
pp. 30-35
Author(s):  
Bohdana Opria ◽  
Ihor Opria
Keyword(s):  
Work Experience ◽  
Tourism Development ◽  
Local History ◽  
Practical Significance ◽  
Sport Tourism ◽  
Native Land ◽  
Cultural Research ◽  
Sports Tourism ◽  
Western Ukraine ◽  
General Scientific

The purpose of the article is to clarify the process of emergence of sports tourism in Western Ukraine and to study the factors that positively influenced on this process. Methods. The investigation based on the use of general scientific and special research methods. General scientific methods include descriptive method, method of analysis and synthesis, generalization and abstraction, comparison and analogy. Results. It was found that the development of tourism was associated with the natural interest of society, which intensified ethnographic and cultural research. In the process of their implementation, new routes were laid, knowledge about the geography of the region was deepened, and the tourist infrastructure was formed. Physical preparation for the hikes took the form of scouting, which included the formation of skills of survival in natural conditions, the ability to navigate the terrain, set up a tent, light a fire, cook, and so on. The form of such training proposed by the British officer quickly gained popularity throughout the world and in particular in Western Ukraine. Gradually, sport tourism is becoming widespread. Overcoming financial, material and political difficulties, sports, local history and tourist societies during their existence have worked out numerous forms and methods of popularization and propaganda of Ukrainian history, sports, nature and culture using means of tourist and local history activities. Their work experience convincingly indicates the need for coordination of the activities of individual fans of tourism and travel, the concentration of efforts aimed at studying the recreational and cognitive potential of the native land. The activity of tourist and local lore societies and clubs has practically proved that one of the main factors of youth education is knowledge of one's own history and preservation of the nature of the native land, combination of physical development with patriotic and ecological education. The scientific novelty is that the factors of sports tourism development in the western region of Ukraine were clarified. The relationship between local history movement and sports tourism was determined. The some facts from the history of the local lore movement were indicated. The events testifying to the development of scouting in the western Ukrainian lands were revealed. The pan-European context of the process of sports tourism development and local lore movement was determined. The practical significance lies in the promotion of sports tourism as a form of relaxation and recreation, exposing the potential of scouting for sports training and patriotic education of youth, updating old and developing new tourist routes based on the experience of past tourist clubs.

scholarly journals ACTUAL PROBLEMS OF MILITARY TOURISM DEVELOPMENT IN UKRAINE UNDER COVID-19 PANDEMIC CONDITIONS

2020 ◽  
pp. 3-13
Author(s):  
Igor Smyrnov ◽  
Jibo Tsui
Keyword(s):  
World War Ii ◽  
Tourism Development ◽  
Tourism Industry ◽  
Practical Significance ◽  
Comparative Characteristic ◽  
Resource Base ◽  
The Status ◽  
Liberation Struggle ◽  
The Impact

The aim of the study is to reveal the problems of development of the tourist potential of military tourism in Ukraine in modern conditions, including the influence of the Covid-19 pandemic. Research methodology. It consists first of all in finding analysis and generalization of materials of relevant sources in both Ukrainian and foreign languages (English, Polish). The method of comparison is also used, in particular in the characterization of the tourist potential of the Arpad Line and the Molotov Line. Statistical methods were used in the preparation of tables. Results. The research reflects, first, the potential tourist resource of the period of Kamianets-Podilskyi's stay in the status of the capital of the United Ukrainian State (UPR and WUPR) during the liberation struggles of 1917-1920; secondly, the tourist potential of World War II defense facilities on the example of the Arpad Line (which was built by the Hungarians but is now in Ukraine) and the Molotov Line (which was built by the USSR in the then territory of Ukraine, but is now in Poland); thirdly, the impact of the Covid-19 pandemic on the development of the restaurant business as a component of the tourism industry in Ukraine, Kyiv and other cities. Scientific novelty. It consists in characterizing the resource potential of military tourism on the example of Kamianets-Podilskyi, as the capital of United Ukraine during the liberation struggle in 1917-1920, as well as in performing a comparative characteristic of the Arpad Line and the Molotov Line as a resource bases for military tourism development in Ukraine. and neighboring countries (Poland, Hungary). This material is considered in connection with the impact of the Covid-19 pandemic on tourism, in particular on the restaurant industry. Practical significance. Implemented through the characterization of events and objects of military history of Ukraine for the development of military tourism as its resource base and more active use in domestic and cross-border tourism exchange, in particular under the Covid-19 pandemic influence. The practical significance of the article is directly related to the development of tourism in Kamianets-Podilskyi, where it is recommended by us to more actively use the past of this city as the capital of the United Ukraine during the liberation struggle for tourism development in the city and Podillya region, in particular in excursion activities (new excursions on relevant topics), military-historical reconstructions and games, etc. with appropriate marketing and advertising support. The same can be recommended in the case of tourist use of the Arpad Line in Ukraine (for Ukrainian, Hungarian and tourists from other countries) and the Molotov Line (to intensify the Ukrainian-Polish tourist trans-border exchange).

scholarly journals High anti-corruption court in the context of international standards of judicial procedure and administration of justice

2021 ◽  
Vol 10 (46) ◽  
pp. 32-41
Author(s):  
Vasyl Kondrych
Keyword(s):  
Law Enforcement ◽  
Professional Ethics ◽  
Judicial System ◽  
International Standards ◽  
Administration Of Justice ◽  
The Status ◽  
Judicial Proceedings ◽  
General Scientific ◽  
Judicial Procedure ◽  
Consistent Application

The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.

Post-nonclassical Challenge to Fundamental Economic Science

2004 ◽  
pp. 107-117 ◽  
Author(s):  
V. Tarasevich
Keyword(s):  
Economic Science ◽  
Scientific Thought ◽  
The Status ◽  
General Scientific ◽  
Scientific Context

The general scientific context of evolution of fundamental economic science is considered in the article. Possible changes of the status of economics as one of the universum spheres, shifts in fundamental economic science, its subject, object, subject space and methodical toolkit in connection with priority development of a post-nonclassical paradigm of scientific thought are analyzed.

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