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.

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.

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.

Characteristics of the inheritance law of the countries of Continental Europe, England and the USA

2020 ◽  
pp. 67-73
Author(s):  
Kristina Pitsyk ◽  
Iryna Kaniuka
Keyword(s):  
Law Enforcement ◽  
Market Economy ◽  
Social Relations ◽  
Scientific Knowledge ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Inheritance Law ◽  
Opposite Trend ◽  
The Usa ◽  
The Will

Purpose. The purpose of the article is to analyze the characteristics of the inheritance law of the countries of continental Europe, England and USA. 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 complex social relations under the conditions of a market economy have led to the need to solve problems related to the fate of property that remains after the individual’s death. Originality. In the process of research is established that while Ukrainian inheritance law tends to expand the boundaries of the will gradually, in Western countries there is the opposite trend. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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.

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.

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.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

INNOCENCE AND LIMITED INNOCENCE: THE PRACTICE OF THE ANGLO-AMERICAN LEGAL SYSTEM

2019 ◽  
pp. 48-54
Author(s):  
Ivanna Polonka
Keyword(s):  
Mental Illness ◽  
Legal System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Administration Of Justice ◽  
Legal Criterion ◽  
Anglo American ◽  
American Legal System ◽  
Extensive List ◽  
Logical Semantic

Purpose. The purpose of this paper is to study the norms of the Anglo-American legal family regarding the сriteria for innocence of the incapacitated subjects of objectively unlawful acts: medical and legal criteria. 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, logical-semantic, functional, systemic-structural, comparatively legal. Results: In the course of the study, it was recognized that the law of countries within the Anglo-American legal system was characterized by clear problems with the formulation of both legal and medical criteria of insanity. The main reason for this omission is the application in practice of judicial precedents that have been adopted since the last century. Originality. The study identified a number of shortcomings of the Anglo-American legal family in determining the criteria of insanity, namely: there is no strong-willed character of the legal criterion; their indisputable character makes it impossible to deduce the intermediate states of the human psyche; the circumstances that the crimes may be committed by persons whose “defect of mind” does not take place as a result of mental illness are not taken into account; the burden of proving insanity is transferred to the defendant himself. The medical criterion of insanity in the Anglo-American legal family also raises a number of remarks, the main of which is a fairly extensive list of forms of mental illness and abnormalities, which provokes impunity for potential criminals. Practical significance. The results of the study can be used in law-making and enforcement activities in the administration of justice against incapacitated persons.

scholarly journals Public control as a factor of democratization of public administration in the conditions of implementation of state reforms

2021 ◽  
pp. 88-96
Author(s):  
N. Nadvirnianska ◽  
M. Chicherina
Keyword(s):  
Public Administration ◽  
Corporate Culture ◽  
Practical Significance ◽  
Social Evaluation ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Public Control ◽  
Legal Nature ◽  
Logical Semantic

Purpose. The purpose of the article is to formulate author's approaches to understanding the legal nature of public control in the field of public administration in the context of building a civil society and the rule of 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, logical-semantic, functional, systemic-structural, logical-normative. Results: it was determined, that the main tasks of public control should be the organization of consideration of applications, appeals of citizens interested in providing them with assistance to public control bodies; promoting prevention or elimination of previously committed violations of the Constitution of Ukraine, laws, state discipline objects of public control; Determination of social evaluation of violations or safety due to certain activities. Scientific novelty. It is relevant in the conditions of reforming the system of public administration is to intensify the decentralized type of control as a variety of control, which is based on social norms, values, traditions and corporate culture. Practical significance. The results of the research can be used during the development of provisions, conclusions and recommendations for public control over the activities of public authorities, which can be realized and constitute a basis for public control as a means of optimizing the system of public administration of Ukraine.

Christian religion and notary: points of contact

2021 ◽  
pp. 119-126
Author(s):  
M. Dolynska
Keyword(s):  
Law Enforcement ◽  
Functional System ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Analysis ◽  
Basic Principles ◽  
Public And Private ◽  
Scientific Cognition ◽  
Christian Religion ◽  
The Bible

Purpose. The aim of the article is a comprehensive general theoretical and comparative analysis of the main problems concerning the things in common between the Christian religion and notary service board, clarification of the transformation of religious rules (norms) into notarial activities and notarial procedure. Methodology. The methodology covers a comprehensive analysis and generalization of available scientific and theoretical material and the formation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: historical-legal, comparative-legal, functional, system-structural, and logical-normative. Results. In the course of the research, the historical and legal analysis of the main things in common between the Christian religion and notary service board is carried out. Scientific novelty. Having analyzed the main things in common between the Christian religion and the notary service board, the author states that some of the basic principles of Christianity were introduced into notarial activities. In particular, in the Bible we find norms that relate to the basic principles of notarial activities, as well as the rules of the notarial proceedings. Traces of Byzantine norms, which are also based on religious norms concerning the procedure for making wills and certain types of agreements, are also observed in modern civil and notarial procedure, as well as notarial records. However, Ukrainian public and private notaries cannot apply religious norms and documents during the notarial proceedings. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the preparation of normative and legislative acts on the legal regulation of notarial activities.

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