scholarly journals Social and legal nature of bullying

2021 ◽  
Vol 10 (37) ◽  
pp. 78-85
Author(s):  
Volodymyr Shablystyi ◽  
Svitlana Obrusna ◽  
Yuriy Levchenko ◽  
Vitaliy Gluhoverya ◽  
Viktoriia Rufanova
Keyword(s):  
Research Methodology ◽  
Practical Implication ◽  
Structural Method ◽  
Clustering Method ◽  
Historical Method ◽  
Legal Method ◽  
Legal Nature ◽  
The Subject ◽  
The Difference ◽  
Definition Of

The aim of the article is to analyze the concepts of bullying and mobbing, to determine their social and legal nature, to formulate our own definition of these terms. The subject of the study is an analysis of the concepts of bullying and mobbing. The research methodology includes the following methods: system and structural method, formal and dogmatic method, historical method, clustering method, comparative and legal method, legal modeling method and others. The results of the study. The definition of bullying is comprehensively studied, its types are singled out, the phases of its development are determined. Practical implication. The difference between bullying and mobbing, as well as between bullying and conflict, is studied. Value / originality. Based on the research conducted the authors’ concepts of bulling and mobbing are proposed.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals THE PROBLEMS OF DEFINITION OF THE ABETTING IN THE COMISSION OF THE OFFENCES INVOLVING THREATS TO PUBLIC HEALTH (PART 1 OF ARTICLE 9 OF THE COUNCIL OF EUROPE CONVENTION ON THE COUNTERFEITING OF MEDICAL PRODUCTS AND SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH)

2021 ◽  
Vol 74 (11) ◽  
pp. 2912-2915
Author(s):  
Pavlo S. Berzin ◽  
Ivan S. Demchenko ◽  
Anzhela B. Berzina
Keyword(s):  
Public Health ◽  
Criminal Code ◽  
Structural Method ◽  
Council Of Europe ◽  
Legal Method ◽  
Criminal Offenses ◽  
Adequate Understanding ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation

The aim: based on the features of the notion of “abetting the commission of crimes established in accordance with the Convention” provided for in Part 1 of Art. 9 of the Medicrime Convention, it is necessary to offer an adequate understanding of the notion of “abetting” and define the types of criminal offenses (crimes) that are the “subject” of such abetting. Materials and methods: the research is based on an analysis of the provisions of the Medicrime Convention and the criminal law of Ukraine. The following methods were used: dialectical method; hermeneutic method; systemic-and-structural method; and comparative-legal method. Results: at the legislative level, there is a problem of designating the relevant socio-legal phenomena with adequate concepts and interpretations of these concepts. In the current criminal legislation of Ukraine, there is no definition of the concept of “abetting”, which is used in Part 1 of Art. 9 of the Medicrime Convention. Therefore, in the implementation of the requirements provided for in Part 1 of Art. 9 of the Medicrime Convention, each Party takes the necessary legislative and other measures to recognize abetting in committing any crimes, established under this Convention, as a crime, therefore we should take into account the existence of two alternative ways to explain the meaning of “abetting”: 1) to recognize at the legislative level that “abetting” and “incitement” are synonyms, and therefore the meaning of the term “abetting” can be explained by using the term “inclination”; 2) to recognize at the legislative level that the concept of “abetting” has a meaning different from the concept of “incitement”, and covers not only “inclination”, but also “coercion”, “motivation” and “encouragement”. Conclusions: the main disadvantage of using the concept of “abetting” in the text of the Ukrainian translation of the Medicrime Convention is that without an independent explanation of this concept at the legislative level, its content should be determined depending on the meaning of the term “inciter” under Part 4 of Art. 27 of the Criminal Code of Ukraine), and means inciting a person to commit any of the crimes specified in the Medicrime Convention.

scholarly journals The standard of proof “beyond a reasonable doubt” in criminal proceedings of Ukraine in the context of the ECHR case-law

2021 ◽  
Vol 10 (46) ◽  
pp. 281-289
Author(s):  
Oleksandr Drozdov ◽  
Volodymyr Hryniuk ◽  
Serhii Kovalchuk ◽  
Liliia Korytko ◽  
Galyna Kret
Keyword(s):  
Research Methodology ◽  
Practical Implication ◽  
Case Law ◽  
Reasonable Doubt ◽  
Criminal Proceedings ◽  
Standard Of Proof ◽  
Legal Method ◽  
Methods Of Analysis ◽  
The Subject ◽  
The Individual

The purpose of the paper is to determine a content of the standard of proof “beyond a reasonable doubt” (SP “BRD”) in the ECHRcase law and Ukrainian criminal proceedings by defining the criteria that characterize it. The subject is the SP “BRD”, doctrine of Ukraine and case-law, including its criticism by the individual judges of the ECHR and Ukrainian scholars. The research methodology includes the methods of analysis, the method of synthesis, the methods of deduction and induction, comparative-legal method, systematic and formal-legal methods. The results of the study. The acceptability of the SP “BRD” in the Ukrainian criminal proceedings is substantiated, in particular, its compliance with the purpose of criminal procedural proof. Practical implication. The criteria which characterize the SP “BRD” in the ECHR’s and SC’s case law are highlighted.

scholarly journals LEGAL CHARACTERISTIC OF THE FRANCHISE AGREEMENT IN GERMANY

2019 ◽  
Vol 5 (1) ◽  
pp. 96
Author(s):  
Tsahik Kolinko ◽  
Krystyna Rezvorovych ◽  
Maryna Yunina
Keyword(s):  
Scientific Paper ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
German Legislation ◽  
General Scientific ◽  
Definition Of ◽  
Practical Implications

The purpose of the article is to study the legal nature of the franchise agreement in Germany. The research subject is the franchise agreement in Germany. The methodology of research. The study is based on the use of general scientific and special scientific methods and techniques of scientific cognition. The dialectical method allowed studying the definition of franchising agreement in Germany and its essentials. The comparative legal method was applied in order to compare doctrinal approaches to this issue. Interpretation of the content of laws and regulations of German legislation covering issues related to the conclusion of the franchising agreement in this country was carried out by means of the normative-dogmatic method. The system-structural method was used to study franchising agreement in Germany as a unitary whole (system) with coordinated functioning of all its elements. Methods of grouping and classification formed the basis for singling out a list of requirements needed to conclude franchising agreement in Germany, as well as provision to be included in this agreement. Methods of analysis and synthesis helped to investigate separate parts of such an agreement in order to formulate further conclusions. Practical implications. The positive experience of Germany in the regulation of issues related to the conclusion of the franchising agreement can be used for introducing corresponding changes in the legislation of Ukraine. Value/ originality. This scientific paper is the first study in Ukraine devoted not to general issues of regulation of franchising activity in Europe but specifically to franchising agreement in a separate country (in Germany).

scholarly journals MACROECONOMIC RISKS: CLASSIFIED FEATURES, METHODS OF MEASUREMENT, MITIGATION PATTERNS

2019 ◽  
Vol 5 (1) ◽  
pp. 81
Author(s):  
Andrii Kovalchuk ◽  
Valentyna Dudchenko
Keyword(s):  
Practical Implication ◽  
Time Correlation ◽  
Structural Method ◽  
Negative Effects ◽  
Macroeconomic Risk ◽  
Strategic Factor ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Macroeconomic Risks

The purpose of the article is to study the essence, factors, and ways for minimization of macroeconomic risks. The subject of the study is the macroeconomic risks. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method was used for the determination of the basic causes of macroeconomic risks. The logic-semantic method was utilized for definition of the content of such concepts as “macroeconomic risk”, “collateral systems”, “oversight”. Methods of analysis and synthesis helped us to study individual mechanisms of macroeconomic risks for their prevention and minimization. The comparative legal method was used to compare doctrinal approaches to this issue. The same method was used during the study of the positive experience of European countries in relation to this issue. The system-structural method was utilized during the analysis of the most common macroeconomic models to minimize macroeconomic risks. With the help of the legal modelling method, some proposals for the prevention and minimization of macroeconomic risks were developed. Practical implication. The study of the essence of macroeconomic risks, as well as an analysis of the principles and methods of their evaluation, helped to formulate conclusions on prevention and minimization of macroeconomic risks in accordance with the requirements of the new time. Correlation/originality. The most important tools for preventing macroeconomic risks are considered. It was proved that the strategic factor in reducing the negative effects of macroeconomic risks is the “new economy” or “economy of knowledge”. The principle of civilized regulation of systemic risks is formulated. The most characteristic factors that provoke macroeconomic risks in the sphere of money laundering were identified.

scholarly journals COMPARATIVE LEGAL ASPECTS OF ENSURING THE ECONOMIC SECURITY OF COMPANIES IN RESOLVING CORPORATE CONFLICTS IN UKRAINE AND THE UNITED STATES

2019 ◽  
Vol 5 (1) ◽  
pp. 54
Author(s):  
Vitalii Demianchuk ◽  
Pavlo Bortsevych
Keyword(s):  
United States ◽  
The United States ◽  
Legal Aspects ◽  
Economic Security ◽  
Structural Method ◽  
Corporate Rights ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Definition Of

The aim of the article is to reveal the legal nature of corporate conflicts and ways to overcome them in Ukraine and the United States. The subject of the study is corporate conflicts caused by the corporate relations that arise between the owners of corporate rights, as well as the relationship between the owners of corporate rights and management bodies of the company. Methodology. The study is based on general scientific and specialscientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “corporate conflict” and “greenmail”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse US law regarding the subject matter. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of corporate conflicts and ways to overcome them. The system-structural method enabled to analyse objective and subjective causes of corporate conflicts. Methods of analysis and synthesis enabled to distinguish features of corporate blackmail as the cause of corporate conflicts. The method of legal modelling enabled to develop proposals regarding greenmail prevention in Ukraine. Practical implications. Studies on the issue of greenmail in the US helped to develop recommendations for prevention of greenmail in Ukraine, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “corporate conflict” and “greenmail” are defined. The objective and subjective causes of the occurrence of corporate conflicts, the reasons for their occurrence, as well as the subjective component of the parties to the corporate conflict are analysed. The absence of the legal definition of the concept of greenmail and the effective mechanism of its prevention is stated, therefore, appropriate recommendations to prevent its occurrence are formulated.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Systemic approach to the choice of optical methods of forensic examination of micro-objects

2021 ◽  
Vol 39 (69) ◽  
pp. 564-580
Author(s):  
Liudmyla Havryliuk ◽  
Valentyna Drozd ◽  
Olena Nenia ◽  
Anatolii Kyslyi ◽  
Andrii Niebytov
Keyword(s):  
Systematic Approach ◽  
Systemic Approach ◽  
Optical Methods ◽  
Structural Method ◽  
Systematic Analysis ◽  
Holistic View ◽  
Legal Method ◽  
Logical Method ◽  
Examination Methods ◽  
Definition Of

The aim of the article is to analyze theoretical and methodological provisions related to the definition of directions and principles of implementation of a systematic approach to the use of optical research methods, in particular micro-objects. Subject of research is substantiation and formulation of the classification characteristics of such systematic approach, considering the requirements of forensic techniques. Methodology: The study applies such methods of scientific knowledge as dialectical method, system and structural method, logic and legal method, methods of systematic analysis, logical method. Research results: The article studies the problematic issues of a systematic approach to the choice of scientific and technical methods and means for micro-object examination. Practical consequences: The authors argue that optical methods of the micro-object examination require classifying and systematizing to provide a holistic view of their potentials, as well as the nature of the information that can be obtained about the object being examined. Value / originality: The analysis of clarified classification characteristics and requirements for examination methods in forensic science enables to propose the algorithm of the systemic approach to the creation of the open system classification of methods of micro-object examination and to make justified conclusions.

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