scholarly journals Scientific genesis of operational and search measures to combat intentional homicide by the criminal police

2021 ◽  
Vol 10 (43) ◽  
pp. 200-208
Author(s):  
Yevhen Khyzhniak ◽  
Eduard Rasiuk ◽  
Vadim Chabaniuk ◽  
Yaroslav Myshkov ◽  
Vadym Davydiuk
Keyword(s):  
Crime Prevention ◽  
Scientific Knowledge ◽  
Synthesis Method ◽  
The State ◽  
Dialectical Method ◽  
Research Results ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
History Of Prevention

The aim of the article is to consider the scientific genesis of the problem of operational and investigative measures to combat intentional homicide by criminal police units. Subject of research is the stages on development of scientific knowledge on the issue under investigation. Methodology: In the course of the research the following methods are used: analysis and synthesis method, dialectical method, logical and semantic method, historical and legal method, legal modeling method. Research results: The state of scientific researches on the problem of crime prevention by the criminal police in general and intentional homicide in particular was examined. Practical consequences: In the course of the research, the development of scientific knowledge on the prevention of intentional homicide by criminal police units was gradually considered. Value / originality: It is the first study dedicated to the development of the history of prevention of intentional homicide by criminal police units in Ukraine.

scholarly journals Effectiveness standards for investigation of corruption crimes: Theory and practice

2021 ◽  
Vol 10 (44) ◽  
pp. 295-306
Author(s):  
Oleksandr Ostrohliad ◽  
Oleksandr Torbas ◽  
Viktor Zavtur ◽  
Vladyslav Sydorchuk ◽  
Oleh Fedoriv
Keyword(s):  
Structural Analysis ◽  
Scientific Knowledge ◽  
Case Law ◽  
Functional Method ◽  
Theory And Practice ◽  
Dialectical Method ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Procedural Decisions

The article deals with development of a doctrinal system of effectiveness standards for the investigation of corruption crimes. The study used a number of philosophical, general scientific and specific methods of gaining scientific knowledge, including: dialectical method, hermeneutic method, method of systemic and structural analysis, methods of analysis and synthesis, functional method, formal legal method and modeling method. It is proposed to define the investigation effectiveness as the feature of pre-trial investigation, which is characterized by the ability to achieve the tasks envisioned in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) and can be assessed by checking the number of objectively necessary procedural actions and the effectiveness of making intermediate and final procedural decisions. It is emphasized that the general standards of investigation effectiveness, formulated by the case law of the ECHR, are partially taken into account in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) through stating the need of investigation being efficient, complete and impartial. The authors formulate scientific approaches to determining the main criteria for the effectiveness of pre-trial investigation of corruption crimes.

scholarly journals The main directions of State policy in the area of arms trafficking in Ukraine

2021 ◽  
Vol 10 (38) ◽  
pp. 197-203
Author(s):  
Tetiana Shumeiko ◽  
Valentyn Kovalenko ◽  
Maryan Hurkovskyy ◽  
Mykola Legenkyi ◽  
Pavlo Komirchyi
Keyword(s):  
Public Policy ◽  
State Policy ◽  
General Concept ◽  
The State ◽  
Inductive Method ◽  
General Description ◽  
Dialectical Method ◽  
Research Results ◽  
System Method ◽  
Analysis And Synthesis

The purpose of the article is to provide general description of the draft laws, which define the main directions of the State policy in the area of arms trafficking in Ukraine. Methodology: dialectical method, method of analysis and synthesis, logical and semantic method, system method, method of classification and grouping, inductive method were used in the course of the research. Research results: The scope of the draft laws in the area of arms trafficking in Ukraine is analyzed, their shortcomings, gaps and contradictions are identified. Practical consequences: Based on the study, it is concluded that it is necessary to develop and legislative implementation of the general concept of arms trafficking in Ukraine, which should define the main directions of public policy in this area. Value / originality: The author's view on the expediency of distinguishing certain areas of State policy in the area of arms trafficking in Ukraine is substantiated.

scholarly journals AUDIT AS A FORM OF CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 31 ◽  
Author(s):  
Ihor Bohdaniuk ◽  
Vladyslav Kolisnichenko ◽  
Olena Ustymenko
Keyword(s):  
The State ◽  
Structural Method ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The aim of the article is to review the audit as a form of control of the State Financial Inspection of Ukraine and to analyse its forms and types. The subject of the study is the audit as a form of control of the State Financial Inspection of Ukraine. Research methodology. The research is based on the use of general scientific and specialscientific methods and techniques of scientific knowledge. The dialectical method made it possible to investigate the definition of the audit as a form of control of the State Financial Inspection of Ukraine and the procedure for its appointment. The comparative legal method was used in order to compare doctrinal approaches to this issue. Interpretation of the content of normative legal acts of domestic legislation was carried out with the help of the normative-dogmatic method. These acts regulate the problem of appointment and conduction of the audit. The system-structural method was used for the study of the audit institution as a whole (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some parts of this institute to formulate further conclusions about its most optimal functioning. Practical impact. The analysis of types of audits, as well as their characteristic features, helped to develop recommendations for improving the procedure for conducting audits by the State Financial Inspection of Ukraine, as well as to identify problematic issues that require further consideration and research. Correlation/originality. In the research, there was made a proposal about audits, which are carried out by the State Financial Inspection of Ukraine and its territorial bodies. The proposal was to make them a form of forecasting control. It was recommended to qualify the fact of prevention the officials of the controlling body from carrying out the audit, checking or not providing the necessary documents for audit and verification as an administrative offense. A special attention was paid to the timeliness of the selection of explanations from the involved persons during the detection of offenses.

THEORETICAL ASPECTS OF CRIME PREVENTION

2020 ◽  
pp. 40-47
Author(s):  
Yury A. Kuzmin
Keyword(s):  
Crime Prevention ◽  
Scientific Knowledge ◽  
The State ◽  
Complete Eradication ◽  
Crime Theory ◽  
Illegal Behavior ◽  
Specific Direction ◽  
Legal Control ◽  
Prevention System ◽  
Main Factor

The problem of criminality prevention is being updated. The relevance of issues related to crime prevention as the main factor of criminality prevention in general is substantiated. The essence of criminality prevention is in implementation of the law's educational function. Its mission is not in punishment, but in fostering anti-criminal cogitative-behavioral “in-stincts” of a personality. Criminality prevention should be based on certain universally rec-ognized international and national principles aimed at decriminalizing the identity of poten-tial criminals. Crime theory is a whole system of modern scientific knowledge, forms and methods (historical, socio-political, psychological, medical, legal, economic, etc.). The urgency of the research is caused by the fact that in the conditions of the Russian re-ality criminality is the most serious form of a social disease, in the “treatment” of which there are no universal and final remedies. There are only means to stabilize it, to minimize, to reduce it, etc. It is really utopian to remain on its complete eradication by state-legal means. However, the latter is very relevant for society, the state, the citizen. The problem of criminality prevention is notable for its complex and multifaceted character. Therefore, the state has applied and is now applying all available civilized means of its social and legal control. Effective criminality prevention requires improved law en-forcement activities, namely, focusing on identifying, researching, analyzing the main as-pects of criminality prevention, as well as on characterization and evaluation of the crim-inality prevention system in modern conditions, taking into account domestic and foreign experience. Various methods for prevention of crimes and offenses are analyzed. Criminality preven-tion must be understood as a specific direction in the state activity to affect the causal set of illegal behavior and conditions conducive to it, which results in the reduction, stabilization, quantitative reduction and qualitative mitigation of crime.

scholarly journals Administrative justice as a deterrent to the implementation of tasks within criminal proceedings

2021 ◽  
Vol 10 (40) ◽  
pp. 93-99
Author(s):  
Ihor Paryzkyi ◽  
Serhii Matvieiev ◽  
Serhii Bratel ◽  
Pavlo Komirchyi ◽  
Artem Zubko
Keyword(s):  
Structural Method ◽  
Criminal Proceedings ◽  
Synthesis System ◽  
Dialectical Method ◽  
Research Results ◽  
Methodological Basis ◽  
Legal Method ◽  
The Subject ◽  
Practical Implications ◽  
Administrative Justice

The purpose of the article is to clarify the problems of the institution of administrative justice of Ukraine in the context of the implementation of tasks within criminal proceedings. Subject of research: The subject of the research is the shortcomings in the administrative justice of Ukraine that can create obstacles to achieving the objectives within criminal proceedings. Methodology: The methodological basis of the article are general and special methods of legal science, in particular: dialectical method, logical and semantic method, methods of analyses and synthesis, system and structural method, formal and legal method, method of generalization. Research results: The bases for administrative justice in Ukraine are characterized, its value and main shortcomings are determined. Practical implications: The problems of administrative justice, which are a deterrent to solving problems in criminal proceedings, are analyzed. Value / originality: The consequences of the considered legal incompatibilies are determined and the ways to overcome them are suggested.

scholarly journals CONCEPT AND PRINCIPLES OF CRIME PREVENTION PROGRAMS DEVELOPMENT

2018 ◽  
Vol 2 (2) ◽  
pp. 106-113
Author(s):  
Mikhail Vladimirovich Sedeltsev
Keyword(s):  
Crime Prevention ◽  
Complex Analysis ◽  
Prevention Programs ◽  
Prevention Measures ◽  
Current Analysis ◽  
Operational Environment ◽  
Legal Method ◽  
Analytical Work ◽  
Analysis And Synthesis ◽  
Integrated Or

The subject. The author analyzes the features of crime prevention programs and the proce-dure of their development.The purpose of the paper is to identify the principles of crime prevention programs devel-opment.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results and scope of application. The analysis is usually carried out in the following areas during the development of crime prevention programs:1) Complex analysis. The purpose of this area of analytical work is to identify changes in the state of the operational environment and to establish the factors that determined them. In the process of such analysis, the geographical, political, socio-economic and demographic characteristics of the territory served are to be studied.The conclusions obtained in the analysis of the indicated conditions contain an assessment of the criminal situation; the definition of the most urgent problems and directions of pre-ventive activities.Thus, the results of the complex analysis form the basis of analytical work.2) Current analysis. Through this area of analytical work, the study of natural manifestations of crime is provided. The current analysis differs from the complex one mainly by the vol-ume of initial information and the depth of the study.3) Private analysis. This is done when the information obtained by the integrated or ongoing analysis is not sufficient to explain the trend or the deviation from the established trends. The results of private analysis (depending on their scope and feasibility) are usually used to decide on individual activities.Conclusions. The development of crime prevention programs is a scientifically based set of actions for the preparation of appropriate targeted programs that define a system of crime prevention measures. The principles for the development of crime prevention programs are fundamental ideas that should guide practitioners in this type of activity. The main princi-ples of the development of crime prevention programs are: the optimality, timeliness, con-sistency, systematization and prognostic nature, legality.

scholarly journals Trust Property: Legal Aspects

2020 ◽  
Vol 38 (Especial) ◽  
pp. 383-395
Author(s):  
Oksana Safonchyk ◽  
Kateryna Hlyniana ◽  
Svetlana Mazurenko
Keyword(s):  
Synthesis Method ◽  
Historical Analysis ◽  
Legal Aspects ◽  
Systematic Research ◽  
Analysis Method ◽  
Legal Method ◽  
History Of ◽  
Trust Property ◽  
Anglo American ◽  
Domestic Law

The article is devoted to the history of the emergence and formation of the institution of trust property in relation to various legal systems. The purpose of such a historical analysis of the institution of trust property is to find a possible place of this legal institution in domestic law, because trust property is a relatively new legal construct for Ukrainian law. The relevance of the article is to study the possibility of using the Anglo-American Trust Institute in Ukraine. The object of the study of this article is the legal relations arising from the institute of trust property. Methods of historicism, method of logic, method of analysis, method of synthesis, method of systematic research, and comparative-legal method were used in the study. The authors concluded that the institution of trust property goes back to one of the branches of English law. At the same time, the institution of trust is not inherent in the domestic legal system. However, since the 1990s, the domestic legislator has tried several times to introduce the relevant institution into Ukrainian legislation. So far, all of these attempts have failed.

scholarly journals COMPETENCE OF LOCAL SELF-GOVERNMENTS: DEBATABLE ISSUES

2018 ◽  
Vol 1 (4) ◽  
pp. 117-128
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Point Of View ◽  
Federal Law ◽  
Material Resources ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
Scope Of Application ◽  
The Russian Federation

Subject. The article is devoted to the discussion issues of competence of local self-government.The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope of application. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian FederationConclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.

scholarly journals INVESTIGATION THE ROLE OF RELIGIOUS ORGANIZATIONS IN SYSTEM OF GENERAL EDUCATION: FORMS OF STATE-CONFESSIONAL INTERACTION

2019 ◽  
Vol 7 (4) ◽  
pp. 818-821
Author(s):  
Olga S. Ivanova ◽  
Irina S. Chalykh ◽  
Boris V. Makogon ◽  
Leonid P. Rasskazov ◽  
Elvira M. Vasekina
Keyword(s):  
General Education ◽  
System Analysis ◽  
The State ◽  
Religious Organizations ◽  
Scientific Methods ◽  
Legal Method ◽  
Role Of The State ◽  
Analysis And Synthesis ◽  
Teachers And Students

The purpose of the article: This was aimed at conducting a system analysis of the forms of interaction between religious organizations and modern states implementing the secular model regarding the regulation of religion component in the field of general education.Materials and methods: Various general scientific methods and methods of logical cognition were used in this study including analysis and synthesis, systemic, formal-logical. The subject under study was investigated by the use of a formal legal method and content analysis.Results of the research: The necessity with respect to the role of the state to guarantee activities of confessional educational organizations implementing general education programs (their components) in legal, organizational, methodological and financial spheres were substantiated. It was proposed to unify the approach according which the state regulating the participation of religious organizations in the field of general education in order to ensure equal opportunities for students in implementation of freedom of conscience and religion. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of investigation of the role of religious organizations in system of general education: forms of state-confessional interaction is presented in a comprehensive and complete manner.

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