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.

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 in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

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.

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

scholarly journals Ewolucja cywilnych postępowań nakazowych i upominawczych w kierunku respektowania wymogów demokratycznego państwa prawnego

2021 ◽  
Vol 43 (3) ◽  
pp. 301-307
Author(s):  
Łukasz Goździaszek
Keyword(s):  
Necessary Condition ◽  
Judicial Control ◽  
The Public ◽  
Authoritarian State ◽  
Civil Process ◽  
Democratic State ◽  
Civil Proceedings ◽  
Court Proceedings ◽  
Simplified Procedures ◽  
Procedural Rights

Although writ proceedings in the Polish civil proceedings have been in operation since the beginning of the modern Polish civil process, there are still controversies in the aspect of fairly structured court proceedings. The defendant may be convinced that their procedural rights have been violated. It is a consequence of considering the case without prior notification of the defendant about the initiation of the proceedings. In such an approach, the judiciary may be perceived as not respecting the standards of a democratic state ruled by law. At the same time, to be closer to the notions of a totalitarian or authoritarian state, because it is not the procedural rights of an individual that are primary, but the effectiveness of the authorities’ actions. However, the concerns about the order for payment mechanism are unfounded as long as the model in which the order for payment is applied complies with the necessary requirements. First, the public authority deciding the case should have the attribute of impartiality. It is not necessary that payment orders are issued by a court. However, if the case is not heard by the court, the judicial control of such decisions is necessary. Second, the evidence should not be assessed. The presentation of specific evidence may, however, be a necessary condition for issuing an order for payment. The issue of the public body examining cases is related to the issue of evidentiary proceedings. These two elements define the nature of the order for payment by defining a procedure model. Finally, it should be pointed out that the order mechanism in a democratic state ruled by law should only supplement the examination of cases in ordinary proceedings (or separate proceedings distinguished by the party types). If the number of cases examined in separate proceedings is significant, and even more so if this way of dealing with cases prevails, ordinary proceedings may be merely an illusion. If in a significant number of cases simplified procedures leading to issuing an order for payment are applied, procedural guarantees related only to ordinary proceedings are irrelevant in such cases.

Legal Regulation of the Non-Entrepreneurial Legal Entities’ Status: Foreign Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1806
Author(s):  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK ◽  
Liliana V. SISHCHUK
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
International Experience ◽  
Practical Significance ◽  
Positive Experience ◽  
University Teachers ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The University ◽  
Legal Entities

The relevance of the study is due to the fact that the implementation of the task of improving private-law regulation of relations with the participation of non-entrepreneurial legal entities is possible only on the basis of the international experience of the operation of the legal institute. In this context, this article aims to analyze the positive experience of regulating non-entrepreneurial legal entities under the legislation of leading foreign countries. Leading approach to the study of this problem is the comparative method that has afforded revealing peculiarities of regulation of legal entities under consideration within Ukraine and foreign countries. In the article the suggestions for improving the legislation of Ukraine are presented on the basis of foreign experience. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

scholarly journals Scientific and methodological conditions for adapting foreign experience of higher education internationalization

2020 ◽  
Vol 9 (3) ◽  
pp. 245-249
Author(s):  
Olga V. Aldakimova
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Practical Significance ◽  
Competitive Advantages ◽  
Foreign Experience ◽  
Psychological Conditions ◽  
Foreign Countries ◽  
Political Economic ◽  
Higher Education Internationalization

The paper presents an analysis of education internationalization as a leading direction in the development of higher education in the context of globalization. The author considers domestic and foreign theories of education internationalization, highlighting its political, economic, demographic and pedagogical aspects, which proves the multidimensional nature of this scientific and educational phenomenon. The need to strengthen Russias geopolitical influence in the world as well as strengthen the competitive advantages of Russian education actualizes research interest in the successful experience of foreign countries in the field of education internationalization and the possibility of its use in Russian universities. The scientific novelty and theoretical significance of the research lies in the substantiation and characterization of the scientific and methodological conditions for adapting the foreign experience of education internationalization. The author proves that scientific and methodological conditions for adapting foreign experience of education internationalization include theoretical and methodological conditions, organizational and methodological conditions, educational, methodological and psychological conditions. Comprehensive implementation of the identified conditions allows implementing of the international dimension in the educational, research and management activities of higher education institutions. The practical significance of the research is determined by the possibility of using the results obtained in the development of international activities of higher education institutions, in the integration of modern tools for higher education internationalization, taking into account Russian academic and scientific traditions.

scholarly journals “ANTI-CORRUPTION” RESTRICTIONS FOR PERSONS AUTHORIZED TO PERFORM THE FUNCTIONS OF THE STATE OR LOCAL SELF-GOVERNMENT: THE REALITIES OF THE USE OF THE “FILTER” OF LEGAL CERTAINTY IN UKRAINE AND FOREIGN COUNTRIES

2019 ◽  
pp. 84-89
Author(s):  
T. O. Kolomoiets
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Foreign Experience ◽  
Legal Standards ◽  
Foreign Countries ◽  
Broad Approach

The article substantiates the expediency of considering “anti-corruption restrictions” in relation to persons authorized to perform the functions of the state or local self-government in the aspect of compliance with the requirements of legal certainty in the use of their resource. Legal certainty (juridical security) is considered as an integral component of the rule of law, which combines the “substantive” (“quality” of the regulatory framework for using the resource of “anti-corruption” restrictions) and “procedural” (“quality” of law enforcement with respect to relevant restrictions) components that only collectively shape the phenomenon of legal certainty of “anti-corruption” restrictions. We consider appropriate to use a “broad” approach to understanding the legal certainty of “anti-corruption” restrictions, which combines the “substantive” and “procedural” legal certainty of corresponding restrictions, and enhancing the “quality” of anti-corruption legislation in terms of defining “anti-corruption” restrictions and the “quality” of its application practice makes it possible to increase the effectiveness of these restrictions as an anti-corruption “tool”. The “defects” of the “substantive” and “procedural” legal certainty of domestic “anti-corruption” restrictions are distinguished and compared with the “quality” of the corresponding components of the legal certainty of “anti-corruption” restrictions in foreign countries. Specific proposals are formulated to improve the “quality” of anti-corruption legislation in terms of fixing “anti-corruption” restrictions, the “quality” of anti-corruption enforcement practices (in terms of the terminological framework, the use of valuation concepts, techniques and technologies of anti-corruption rulemaking in the part of “anti-corruption” restrictions, law enforcement unification). The article substantiates the expediency of prudent borrowing of positive, tested by time and practice foreign experience of anti-corruption rulemaking and anti-corruption enforcement in the use of the resource of “anti-corruption” restrictions (minimization of evaluation provisions, extended conceptual series, duplication of criteria for determining limits of restrictions, minimization of blanket and referral standards, clarity and transparency of regulations, thematic generalizations of law enforcement practices) by which it is possible to ensure compliance of the “quality” of legal certainty of “anti-corruption” restrictions in Ukraine with international legal standards, consistency with foreign analogues as an effective anti-corruption “tool”.

scholarly journals FOREIGN EXPERIENCE OF MILITARY COURT FUNCTIONING AS A CONDITION OF GUARANTEE OF THE CONSTITUTIONAL RIGHT OF MILITARY SERVICES

2019 ◽  
pp. 24-27
Author(s):  
B. M. Shamrai
Keyword(s):  
Military Personnel ◽  
Military Service ◽  
Practical Implementation ◽  
Special Period ◽  
Foreign Experience ◽  
General Law ◽  
Foreign Countries ◽  
The World ◽  
Constitutional Right ◽  
Judicial Protection

The article examines the experience of military courts functioning in guaranteeing the right to judicial protection to military personnel in foreign countries of the world. The countries in which the military courts operate are highlighted and the activities of these courts are analyzed in countries such as: United States of America, United Kingdom and Federal Republic of Germany. It has been found out that the presence of military courts in foreign countries is conditioned by the fact that military personnel as persons with special legal status are subject to military law in addition to general law. It has been established that the protection of the rights and freedoms of servicemen in the leading countries of the world through judicial protection is becoming more and more universal, which is explained by the high degree of democratic trial and based on the principles of court independence, transparency and openness. The analysis of the national legislation, first of all, of the Constitution of Ukraine and the Law of Ukraine «On Judiciary and Status of Judges» of June 2, 2016 № 1402-VIII and considered the feasibility of functioning during a special period under the conditions of the operation of the United Forces in the system of judicial system of Ukraine military courts whose competence will be to hear cases in criminal proceedings concerning war crimes committed by military personnel, which will facilitate the practical implementation of the guarantees of the rights and freedoms of military personnel and maintaining law and order in the troops. It is established that for the effective implementation of the constitutional right of military personnel to judicial protection, especially during the special period and increasing the number of the Armed Forces of Ukraine and other military formations, the positive experience of the leading countries in which the judicial authorities act as a real guarantor of the protection of rights and freedoms is essential military personnel whose experience can be applied in Ukraine. On the basis of the conducted research the author emphasizes that military courts are a real guarantee of protection of the rights and freedoms of persons who pass military service and the possibility of applying foreign experience in Ukraine.

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