scholarly journals Structural-functional providing of the operative-investigative crime prevention in the field of public procurement in Ukraine

2021 ◽  
Vol 10 (42) ◽  
pp. 80-92
Author(s):  
Valerii Darahan ◽  
Oleksii Boiko ◽  
Viktoriia Rohalska ◽  
Olena Soldatenko ◽  
Valerii Lytvynov
Keyword(s):  
Crime Prevention ◽  
Public Procurement ◽  
Comparative Method ◽  
Criminal Procedure ◽  
Structural Method ◽  
Methodological Basis ◽  
Legal Literature ◽  
Logical Method ◽  
Readiness Level ◽  
National Police

The aim of the article is to determine the readiness level to prevent crime in the field of public procurement by the criminal police units of the National Police of Ukraine. The methodological basis of the study is the Constitution of Ukraine, other domestic legislative and other normative acts which regulate operational-search activities and criminal procedure, general theoretical and special legal literature, which show the topic under study, and encyclopedic sources. The method of analysis, the system-structural method, sociological methods (questioning, interviewing), formal-logical method, comparative method, modeling method are used in article. To achieve the goal of the article in the structure of the criminal police of the National Police of Ukraine were identified unites which carry out operational-search crime prevention in the field of public procurement, analyzed the structure of the units and determined their functions in crime prevention. The results of the study show that the structural and functional support of the operational-search crime prevention in the field of public procurement by the criminal police is not at the proper level.

scholarly journals High Anti-Corruption Court of Ukraine: the peculiarities of establishment and the first results

2020 ◽  
Vol 9 (29) ◽  
pp. 170-178
Author(s):  
Oleksii Drozd ◽  
Yaroslav Nykytiuk ◽  
Liliia Dorofeieva ◽  
Olha Andriiko ◽  
Serhii Sabluk
Keyword(s):  
Comparative Method ◽  
Synthesis Method ◽  
Structural Method ◽  
Systematic Analysis ◽  
Holistic View ◽  
Historical Method ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
First Results ◽  
High Level

The purpose of the article is to analyze the peculiarities of establishment of the High Anti-Corruption Court of Ukraine (HACC) and to consider the first results of its work. Methodology. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on corruption and its features, as well as the ways, in which it can be manifested. The logical-semantic method was used to establish the meaning of the term “corruption”. The historical method was useful in studying the history of the establishment of the HACC. The comparative method was used when analyzing Ukrainian legal acts, which regulate the issue under consideration, as well as scientific views on the topic. The system and structural method was applied to determine the institutional features of the HACC. The method of systematic analysis made it possible to identify the operational characteristics of this agency. The legal modeling method was helpful in drawing conclusions of the research. The results of the study. The high level of corruption of Ukraine has led to the need to find the ways to counteract it. To that end, the system of bodies of pre-trial investigation and prosecution of high-ranking officials for corruption offenses has been created over the last three years. The establishment of the HACC was the final stage of this reform. Practical implications. Since the international experience in establishing anti-corruption courts is quite controversial, it was found that many scholars are skeptical about the ability of the HACC to reduce corruption in Ukraine. So, the list of arguments for and against the operation of HACC in Ukraine was comprehensively reviewed. Value / originality. As a result of the research, the authors identified both the shortcomings and the benefits of the work of Ukrainian anti-corruption court.

scholarly journals SOME LEGISLATIVE STEPS TO INCREASE THE EFFICIENCY OF THE IMPLEMENTATION OF THE CRIMINOLOGICAL POLICY OF THE STATE IN THE ACTIVITIES OF CERTAIN BODIES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 23-30
Author(s):  
Н. С. Сидоренко
Keyword(s):  
Criminal Justice ◽  
Crime Prevention ◽  
Criminal Procedure ◽  
The State ◽  
Security Service ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Law ◽  
National Police

The relevance of the article is that to obtain the status of mandatory for implementation, these conceptual provisions must be enshrined in the relevant regulations. Therefore, in order to increase the effectiveness of the criminological policy of the state in the activities of individual bodies of criminal justice, it is necessary to search for ways to improve the legislative mechanism of its implementation. The purpose of the article is to find legislative steps to improve the implementation of criminological policy of the state in the activities of individual bodies of criminal justice. Some legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. The search for legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. It is concluded that in the current CPC of Ukraine there are no direct rules authorizing the criminal justice authorities to prevent activities. First of all, it concerns the identification of the causes and conditions that contribute to the commission of criminal offenses and the taking of measures within their competence to eliminate them. That is, investigators and investigators have the power to identify and eliminate the causes and conditions of crime, according to the Law of Ukraine "On the National Police", and the mechanism for exercising this power, which should be contained in the CPC of Ukraine, is absent. To increase the effectiveness of the implementation of criminological policy of the state it is advisable, in particular: in Article 1, Part 2 of Article 9, para. 3 part 1 of Art. 22 of the Law of Ukraine "On the National Police" to replace the phrase "combating crime" with "crime prevention". In addition, in Article 2 of the same Law, one of the tasks of the police, instead of "combating crime", it is desirable to define "crime prevention"; The Law of Ukraine “On the Security Service of Ukraine” should be supplemented with guarantees regarding non-interference in the activities of SBU employees as follows: “Any written or oral instructions, requirements, instructions, etc. addressed to the Security Service of Ukraine or its employees proceedings and not provided for by the Criminal Procedure Code of Ukraine, are illegal and not enforceable. In case of receiving such instructions, requirements, instructions, etc., the employee of the Security Service of Ukraine shall immediately inform the head of the Security Service of Ukraine in writing".

scholarly journals Nature and significance of the State’s criminal law policy

2021 ◽  
Vol 10 (39) ◽  
pp. 225-231
Author(s):  
Petro Vorobey ◽  
Vasil Felyk ◽  
Andrii Niebytov ◽  
Valerii Matviichuk ◽  
Olena Vorobey
Keyword(s):  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
National Level ◽  
General System ◽  
General Purpose ◽  
The State ◽  
Structural Method ◽  
Current State ◽  
Logical Method

The purpose of the article is to analyze the criminal law policy of the State as one of the main elements of the fight against crime. The subject of the study is the criminal law policy of the State. Methodology: dialectical method, monographic method, logical method, comparative method, system and structural method, method of generalization are used in the course of the research. Research results: The essence and significance of the criminal law policy of the State, its role and place in the general system of legal relations are revealed and the importance of such a mechanism at the national level is emphasized. The current state and level of criminal law policy of the State are criticized. Practical implications: The components of criminal law policy and their relationship with other components of public policy in general are studied. The directions of criminal law policy and its levels are revealed. Value / originality: The limited possibility of the law on criminal liability in the system of social control is emphasized. The general purpose of control over the effectiveness of criminal law policy is indicated.

scholarly journals HOTEL FOR PHOTOTOURISTS - A MODERN TREND IN THE HOSPITALITY INDUSTRY

2019 ◽  
pp. 10-16
Author(s):  
Iryna Oleksandrivna Kalienik ◽  
Olena Bronislavivna Shydlovska ◽  
Tetiana Ivanivna Ishchenko ◽  
Viktor Fedorovich Dotsenko
Keyword(s):  
Comparison Method ◽  
Practical Significance ◽  
Modern Trend ◽  
Structural Method ◽  
Pricing Policy ◽  
Tourism Product ◽  
Tourism Sector ◽  
The World ◽  
Logical Method ◽  
Literary Methods

Purpose. To consider the concept of “phototourism”, to find out its essence and difference from other special types of tourism, to characterize its classification features. To reveal the prerequisites for its development in Ukraine to increase the tourist attractiveness of the country. Methods. For research, methods such as system-structural, abstract-logical, analysis, synthesis, generalization, observation, comparison were used; classification and literary methods. The system-structural method was used to assess the possibility of the existence of domestic hotels that will be able to provide photo tourists with services such as renting specialized photo equipment, workshops on using cameras, organizing photo tours and others. Thanks to the abstract-logical method, the theoretical aspects of the development and functioning of phototourism in Ukraine were revealed. The comparison method was used to evaluate the pricing policy of digital and film cameras. Results. The classification of photo tours and the specific features of phototourism, which distinguish it from other types of tourism, are given. The main trends in the development and popularization of phototourism in the world and Ukraine are investigated. Foreign photo tours and their specifics are analyzed. A survey was carried out among the population of Ukraine about their interest in hotel enterprises that can provide services for phototourists, organize tours and offer specialized photographic equipment for rent. A comparative assessment of the pricing policy of various types of photographic equipment is provided, which can be used in phototours organized by a hotel company specializing in phototourism. The innovative aspects of phototourism, which can be used in practice in the domestic hotel business, are analyzed. The given examples of such phototouristic regions as Cherkasy, Carpathian, Transcarpathian and Chernigov, which testify to the potential of Ukraine as a country that has the opportunity to expand its tourism market. Scientific novelty. Scientific novelty lies in substantiating the feasibility of creating a hotel for phototourists in Ukraine, as a new way to popularize phototourism in the hotel industry of the country. Phototourism with the use of film cameras is the newest direction in the tourism sector not only in Ukraine, but throughout the world. The practical significance lies in the fact that the popularization of phototourism can bring the industry to a qualitatively new level in the formation of tourism offers and contribute to the creation of a modern competitive tourism product.

scholarly journals DEFICIENCIES OF PLATO’S DEMOCRATIC SYSTEM

2019 ◽  
pp. 37-43
Author(s):  
Iryna Liashchenko
Keyword(s):  
Political System ◽  
Comparative Method ◽  
Human Soul ◽  
Systematic Method ◽  
Rapid Degradation ◽  
Methodological Basis ◽  
Democratic System ◽  
Characteristic Features ◽  
Democratic Election ◽  
Proper Operation

Main objective of the study. The objective of the study is to identify deficiencies of the democratic political system in order to protect democracy from rapid degradation into tyranny. Methodology. The systematic method was selected as the methodological basis for the research, as it enables the consideration of Plato’s democratic system as interdependent with other types of states. The comparative method proved to be effective for distinguishing the characteristic features of the aristocratic, timocratic, oligarchic, democratic and tyrannical state of the human soul and Plato’s system of government.Findings and conclusions. To enable proper operation of democracy, it requires protection from its own deficiencies. These deficiencies include the following: firstly, the flaw of haughty, arrogant attitude towards wise talented naturally eminent people and the fear of their coming to power originates from timocracy; secondly, just as «barns with gold» destroyed the timocratic and oligarchic type of state, so the residues of these «barns» turn into a flaw of democracy in the form of a social abyss between the most affluent and the most deprived strata of the society; thirdly, this is excessive will in democracy that is gradually turning into excessive slavery. Regarding the latter, Plato emphasizes the anarchic extreme of freedom in democracy, which turns it into arbitrariness. After all, in a democracy there is no need to participate in government; not necessarily obey; no go to war; neither obey peace or laws, etc. The main consequence of all these deficiencies in the democratic system is the fostering of a future tyrant rooting from a people’s deputy. Since the thinker points out that no matter how many times a tyrant appears, he does not come from somewhere, but only from a democratic election procedure.

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.

scholarly journals THE CIVIL LAW NATURE OF ELECTRONIC MONEY

2020 ◽  
Vol 6 (1) ◽  
pp. 100
Author(s):  
Liudmyla Panova ◽  
Vitalii Makhinchuk
Keyword(s):  
Practical Implication ◽  
Comparative Method ◽  
Civil Law ◽  
Synthesis Method ◽  
Electronic Money ◽  
Holistic View ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Definition Of ◽  
The Right

The purpose of the article is to examine the civil law nature of electronic money. The subject of the research is the features of the civil law nature of electronic money. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on electronic money, their features and legal nature. The logical-semantic method was used to establish the meaning of the concepts “electronic money”, “non-cash money”, “payment instrument”, “electronic payment instrument”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method was applied to formulate the author’s definition of the term “electronic money”. Results. The article generalizes scientific views on the civil law nature of electronic money. A distinction has been made between electronic money and currency unit, non-cash money and the right to claim. As the result it has been established that electronic money is the monetary obligation. Practical implication. The study should assist in developing the unified approach to the issue of the civil law nature of electronic money. Value/originality. As the result of the study the author’s definition of the concept “electronic money” with regard to its civil law nature has been proposed.

scholarly journals Problems of Implementing the Criminal Procedure Policy in Crime Prevention

2021 ◽  
Vol 15 (3) ◽  
pp. 401-408
Author(s):  
Igor Antonov ◽  
Igor Alekseev
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Social Conflicts ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Theory Of Law

The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

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