THE POWER OF COUNSEL TO INVESTIGATE EVIDENCE IN THE COURT OF APPEAL

2019 ◽  
pp. 151-159
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Practical Significance ◽  
Appellate Court ◽  
Defense Counsel ◽  
Procedure Code ◽  
Comparative Results ◽  
Court Of First Instance ◽  
New Evidence ◽  
Court Of Appeal ◽  
Logical Semantic

Purpose. The purpose of the paper is to consider the problematic aspects of the lawyer's participation in the study of evidence in the court of appeal, as to the procedure for the investigation, the possibility of presenting new evidence, participation in expert activities, etc. Determine the methodological features of the lawyer's activity in the evidentiary activity, which are conditioned by this stage of the criminal process. The methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative. Results in the course of the research it was determined that the examination of the evidence in the court of appeal has peculiarities in comparison with the court of first instance. Based on a comparative study, it is determined that such features are conditioned by an existing appeal, which limits the range of circumstances under investigation, as well as how the party tactically influences the process of investigating evidence. Originality. In the course of the investigation it was established that the tactics of investigating evidence in the court of appeal depend on who initiated the commencement of the proceedings. The peculiarities of individual court actions depend on the limits set by the appeal. Practical significance. The results of the study can be used in the law enforcement practice of the rules of the Criminal Procedure Code, regarding the activity of a defense counsel in reviewing court decisions by an appellate court.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

LEGAL NATURE OF SOURCES OF CONSTITUTIONAL LAW OF UKRAINE

2019 ◽  
pp. 98-104
Author(s):  
Galyna Volosheniuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Functional System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Legal Nature ◽  
Basic Approaches ◽  
Logical Semantic

Purpose. The purpose of the paper is to analyze the concepts and problems of the legal nature of the sources of constitutional law of Ukraine and to analyze the basic approaches to understanding the sources of constitutional law and their features. Methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results: The research outlines the basic approaches to understanding the sources of constitutional law and their features. Based on this, these approaches are summarized and our view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Originality.The article deals with the legal nature of the sources of constitutional law of Ukraine, outlines the basic approaches to understanding the sources of constitutional law and their features. These approaches are summarized and their view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

2021 ◽  
pp. 127-132
Author(s):  
Ihor Zhukevych
Keyword(s):  
Law Enforcement ◽  
Functional System ◽  
Practical Significance ◽  
Practical Implementation ◽  
Judicial Control ◽  
Foreign Experience ◽  
Civil Process ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Logical Semantic

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

APPEAL PROCEEDINGS: HISTORY, THEORY, PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 107-139
Author(s):  
E.A. BORISOVA
Keyword(s):  
Civil Procedure ◽  
Appellate Court ◽  
Judicial Reform ◽  
Procedural Law ◽  
Judicial Practice ◽  
Procedure Code ◽  
Complex Approach ◽  
The Russian Federation ◽  
Court Of Appeal ◽  
Made In

History, theory, and court practice are the basis of judicial reform. If the Civil Procedure Code of the Russian Federation was created considering this with, but subsequent changes of the procedural law show the opposite. Changes of procedure in the appellate court are not an exception, and that is why for the last 10 years theoretical and practical problems of appeal proceedings have existed. The article aims to draw attention to the reasons of occurrence of these problems; mistakes made in the course of its solution; ways of error correction with due regard for experience of Russian civil procedure, achievements of the civil procedure doctrine, needs of Russian judicial practice; necessity of complex approach in reforming proceedings in the court of appeal instance.

scholarly journals PROHIBITION ON REFUSAL OF THE ATTORNEY ON THE ADVOCATE PROTECTION ESTABLISHED BY PART 7 OF ARTICLE 49 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION: PROBLEMS OF LAW ENFORCEMENT

2020 ◽  
Vol 6 (3) ◽  
pp. 104-116
Author(s):  
V. V. Rudich
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Defense Counsel ◽  
Legal Norms ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Absolute ◽  
Administrative Responsibility

The article discusses the question of whether the norms of part 7 of Article 49 of the Code of Criminal Procedure of the Russian Federation with an absolute prohibition on the refusal of the defender to defend the interests of the suspect, accused, defendant. The analysis of legal norms, which refutes the position of the absolute prohibition established by part 7 of Article 49 of the Criminal Procedure Code of the Russian Federation. A number of exceptions are justified, in which the refusal of the defense counsel from the assumed defense is legitimate. The article draws conclusions and gives recommendations aimed at eliminating the unjustified bringing of lawyers to administrative responsibility by the chambers of law.

THE RATIO OF ELECTION CAMPAIGNING TO POLITICAL AND SOCIAL ADVERTISING

2019 ◽  
pp. 105-111
Author(s):  
Nazarii Volosheniuk
Keyword(s):  
Law Enforcement ◽  
Political Advertising ◽  
Functional System ◽  
Practical Significance ◽  
The Law ◽  
Social Advertising ◽  
Definition Of ◽  
Electoral Law ◽  
The Relationship ◽  
Logical Semantic

Purpose. The purpose of this paper is to investigate the relationship between election campaigning and political and social advertising, namely to define the criteria for the separation of political advertising and election campaigning, to improve the definition of political and social advertising, and so on. Methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the research, the criteria for demarcation of political advertising and election campaigning were determined, the definition of political and social advertising was improved, the amendments to the Law on Advertising on political and social advertising were proposed, the features of the distribution of political advertising during the election campaign were defined in the Law of Ukraine; definition in the Law of Ukraine "On Advertising" of the mechanism of payment for political advertising, which should have features in comparison with commercial, as well as in the period of election campaigning. Originality. The study found that the ratio of election campaigning to political and social advertising requires significant improvements in their use and legislative regulation. Electoral law scientists are working to improve these shortcomings. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

scholarly journals SOME ASPECTS OF THE APPEAL IN ECONOMIC JUDICIAL PROCEEDINGS

2021 ◽  
pp. 3-9
Author(s):  
V.S. Shcherbyna ◽  
◽  
V.V. Bodnar ◽  
Keyword(s):  
Appellate Court ◽  
Court Decisions ◽  
Organizational Changes ◽  
Current Version ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Right ◽  
Court Of First Instance ◽  
Court Of Appeal

The issues of organizational changes that the courts of appellate instance have undergone, as well as the content of the norms of economic procedural legislation, which enshrine the features of appellate proceedings. The peculiarities of appellate proceedings as an independent stage of economic litigation are considered, which include the following: a) an appeal is filed against a decision of a court of first instance that has not entered into force; b) review of court decisions on appeal is carried out by the courts of appeal; c) the right to appeal has the participants, as well as persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities; d) the appeal is filed directly with the court of appeal; e) the subject of review of the case by the court of appellate instance is the verification of the legality and validity of the decision of the court of first instance; f) the limits of review of the case in the court of appeal, as a rule, are limited by the arguments and requirements of the appeal; g) in the court of appellate instance cases are reviewed according to the rules of consideration of cases in the order of simplified claim proceedings, taking into account the features provided by the Code. It is proposed in order to avoid (reduce) cases of unfounded filing of appeals to supplement Art. 254 Code of Economic Procedure of Ukraine norm on the grounds of appeal of court decisions such as defined in Part 2 of Art. 287 of the Code of Economic Procedure of Ukraine on the grounds of cassation appeal. It is noted that the current version of the Code of Economic Procedure of Ukraine does not contain rules that would determine what procedural actions and within what period the appellate court should take to recover the case from the court of first instance, and during what period the court of first instance should consider the case her appellate court. Arguments are made against the use by courts of the so-called "procedural analogy" in cases. Other proposals are being made to improve the current procedural legislation.

scholarly journals Inadmissibility of Evidence as a Procedural Reason for Exclusion

2019 ◽  
Vol 3 (1) ◽  
pp. 80-86
Author(s):  
Екатерина Лебедева ◽  
Ekaterina Lebedeva
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Inadmissible Evidence ◽  
Procedure Code ◽  
Legal Nature ◽  
Judicial Investigation ◽  
Repeated Applications ◽  
The Russian Federation ◽  
Court Of First Instance ◽  
New Evidence

The research featured the issues of legal regulation and exclusion of evidence claimed in the court of first instance in criminal procedure. The author analyzed the legislative regulation of the procedure for the application and consideration of petitions for the exclusion of evidence, as well as some practical issues of petitions for the exclusion of evidence. The procedure for the application and consideration of petitions for the exclusion of evidence is not fully regulated by the legislator. The Criminal Procedure Code of the Russian Federation focuses on the stage of preliminary hearing, while on the merits procedure remains unsettled. The exclusion of evidence in a preliminary hearing prevents defective evidence from entering the trial. Repeated applications should be seen as an alternative to the institute of appeal, since a re-application of the petitions allows the parties to express their opinion on the decision and provide new evidence in support of their position. The resolution of the issue of the admissibility of evidence cannot be postponed to the stage of the verdict, since this contradicts the legal nature of the institution of excluding unacceptable evidence and its purposes. The author proposes to include application rules for the exclusion of evidence in the Code of Criminal Procedure at the stage of judicial investigation. The results of the present study contribute to the issue of inadmissible evidence.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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