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 COMPENSATION OF DAMAGE AS A TOOL FOR APPLYING CIVIL LIABILITY FOR CORRUPTION OFFENSES IN THE SECURITY AND DEFENSE SECTOR

2020 ◽  
Vol 2020 (1) ◽  
pp. 74-82
Author(s):  
Kurylina О. V. ◽  
◽  
Zotova І. H. ◽  
Kalitnik M. S. ◽  
◽  
...  
Keyword(s):  
Criminal Liability ◽  
Civil Liability ◽  
Case Law ◽  
Functional Method ◽  
The State ◽  
Problem Analysis ◽  
Damage Compensation ◽  
Legal Method ◽  
General Scientific ◽  
Property Losses

The purpose of the article is to study the concept and legal nature of damages as a tool for civil liability for corruption offenses in the security and defense sector. The peculiarities of civil liability prosecution for violations of corruption in the security and defense sector are presented, the analysis is also carried out considering domestic anti-corruption legislation. In the process of problem analysis, the methods of scientific cognition were used as philosophical (general scientific) and special scientific one. Among the most important in the general scientific methods should be called dialectical and systemic ones. The use of the structural-functional method allowed to consider the types of obligations for damage compensation, to clarify their features and functional purpose. The comparative legal method is used in the analysis of a number of aspects of the problem. It is noted that today facing the growing threats of a military nature, acts of corruption cause significant damage, especially in the security and defense sector, and in such circumstances the state is responsible for protecting citizens who suffer property losses and need to protect their rights. Legislation on the prevention of corruption has changed significantly in recent years and there is a case law on the application of its provisions. According to the results of the analysis of the anti-corruption legislation of Ukraine, the authors pointed out the peculiarities of a civil servant prosecution, military official, other person performing public functions to civil liability for corruption offenses, which is resolved in court, as well as the damages compensation, moral compensation and other means of civil influence, as the most effective way to overcome the effects of corruption in the security and defense sector. It was found that in the case law on corruption acts the main consideration of cases and all court decisions were based on conclusions related to administrative or criminal liability for corruption offenses, and in civil cases, the provision on damage compensation caused by corruption and corruption offenses regarding the security and defense of the state, need further reformation. Key words: security and defense sector; civil liability; corruption offenses; offenses related to corruption in the security and defense sector; damage compensation; moral compensation.

scholarly journals EUROPEAN STANDARDS FOR ASSESSING THE HEALTH OF A PERSON WHO PROBABLY SUSTAINED MISTREATMENT DURING DETENTION OR CUSTODY

2020 ◽  
Vol 73 (12) ◽  
pp. 2921-2926
Author(s):  
Olha H. Shylo ◽  
Nataliia V. Glynska ◽  
Oleksii I. Marochkin
Keyword(s):  
International Organizations ◽  
Case Law ◽  
Structural Method ◽  
Legal Method ◽  
European Court ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
European Standards ◽  
Medical Examinations

The aim: The purpose of this paper is to identify and characterize the standards for assessing the health status of a person who is likely to have been mistreated during detention or custody. Materials and methods: The provisions of international regulations, as well as the case law of the European Court of Human Rights (hereinafter - ECHR, Court) were studied in the preparation of the paper. A set of general scientific and special methods of cognition was used, in particular, the comparative-legal method, the system-structural method, the generalization method, the method of analysis and synthesis, and others. Conclusions: Medical examinations and forensic examinations of persons detained or incarcerated and alleging torture or mistreatment are appropriate provided that they comply with European standards set out in the case law of the ECHR and the recommendations of international organizations, which whereas will ensure the effectiveness of formal investigations of such facts.

scholarly journals The subsidiary rule-making processes in international air law: current issues of theory and practice

2020 ◽  
pp. 64-80
Author(s):  
A. A. Batalov
Keyword(s):  
International Law ◽  
Practical Importance ◽  
Theory And Practice ◽  
Civil Aviation ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Contemporary Practice ◽  
Contemporary Development ◽  
Rule Making

INTRODUCTION. Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the subsidiary rule-making processes in international air law as the integral part of the whole rule-making process of this branch of international law.MATERIALS AND METHODS. The present research has been conducted on the basis of international air law treaties, the resolutions and documents of ICAO, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS. On the basis of his research the author has been able to achieve the following results: (1) detailed and precise classification of all acts, decisions and documents (including, in particular, numerous ICAO documents) concerning the activities of international civil aviation and adopted or approved within the framework of the subsidiary rule-making processes in international air law; (2) defining the practical importance of these subsidiary rule-making processes within the context of the whole rule-making process of international air law; (3) discovering current problems of the rule-making process in international air law and proposing possible ways of its improvements in view of the interests of the Russian Federation and international aviation community as a whole.DISCUSSION AND CONCLUSIONS. After examination of the subsidiary rule-making processes currently existing in the international air law it can be concluded that these processes are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States. At the same time, the recent trends within ICAO and other international aviation organizations towards simplification and acceleration of such rule-making processes by way of shifting many substantial provisions from mandatory into non-mandatory acts and documents or through limitation of the States’ participation in these processes can negatively affect the States’ interests, impede the achievement of universal uniformity in regulations, standards and procedures and, eventually, even jeopardize the global aviation safety.

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 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 Forensic prevention of crimes in criminal investigation techniques

2021 ◽  
Vol 10 (46) ◽  
pp. 162-168
Author(s):  
Viktor Vasylynchuk ◽  
Valentyn Kovalenko ◽  
Viacheslav Nekrasov ◽  
Oleksii Kopan ◽  
Roman Shchupakivskyi
Keyword(s):  
Crime Prevention ◽  
Semantic Analysis ◽  
Functional Method ◽  
Practical Implementation ◽  
Structural Method ◽  
Legal Analysis ◽  
Analysis Method ◽  
Legal Method ◽  
Criminal Offenses ◽  
General Scientific

The purpose of the article is to determine the place and role of forensic prevention in the structure of methods of investigation of certain types of crimes. The subject of research is the concept and features of forensic prevention. The research methodology includes general scientific and special methods of legal science: historical and legal method; structural and functional method; system and structural method, logical and semantic analysis method, formal and legal analysis method. Research results. The issues related to the characteristics of forensic crime prevention are considered. Different points of view on the role, significance and structure of forensic crime prevention are summarized and the conclusion that this legal institution is an integral part of forensic science is made. Practical implementation. The main methods and means of forensic prevention of criminal offenses are determined. Value / originality. It is concluded that the prevention of crimes should be aimed at neutralizing and eliminating the causes that contribute to their commission, and the pre-trial investigation authorities should play the key role in this process.

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 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.

General Theoretical Aspects of Legal Development

2019 ◽  
Vol 10 (7) ◽  
pp. 2047
Author(s):  
Anatolii KRYZHANOVSKYI ◽  
Denys MANKO ◽  
Olena SIERYKH ◽  
Natalia ATAMANOVA ◽  
Antonina ZGHAMA
Keyword(s):  
Public Relations ◽  
Functional Method ◽  
Structural Method ◽  
Scientific Methods ◽  
The Public ◽  
Legal Development ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Legal Communication ◽  
Quantitative Changes

The processes of globalization (that have taken place over the last decades) have contributed too many transformations in legal processes. The same changes are being followed in legal development. Therefore, it is important to analyze the general theoretical aspects of legal development at the present stage. The purpose of this work is to study the general theoretical aspects of legal development. The object of the study is the general theoretical aspects of legal development. The subject of the study is the public relations that influence legal development, as well as the analysis of patterns and general theoretical aspects of such development. The research methodology consists of general theoretical and special scientific methods, namely: hermeneutic method, system-structural method, structural-functional method, historical-legal method, comparative - legal method, formal-logical methods (analysis and synthesis, induction and deduction, proof and refutation, comparison, generalization). As a result of the research, the general theoretical aspects of legal development are analyzed, the peculiarities of formation and existence of qualitative and quantitative changes in the legal sphere of public life are revealed, reflecting the level of legal development of an individual and community of people, the degree of perfection of forms of their legal communication and interaction.  

scholarly journals CONSTITUTIONAL EXPERIMENT: REGULATORY APPROACHES IN FRANCE AND SPAIN

2019 ◽  
Vol 7 (5) ◽  
pp. 917-920
Author(s):  
Marina V. Markhgeym ◽  
Goar G. Zagaynova ◽  
Alla N. Gutorova ◽  
Aleksej N. Nifanov ◽  
Evgeniy E. Tonkov
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Policy ◽  
Scientific Knowledge ◽  
Cultural Institutions ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Difference ◽  
Control Body

Purpose: The article is devoted to the study of the constitutional experiment features in France and Spain. The author analyzes the regulations, including the constitutions and laws of both France and Spain. It also provides the analysis of constitutional regulation methods in these countries. Methodology: The methodological basis of the study was the set of scientific knowledge leading methods. The methods of analysis and synthesis are widely used among general scientific ones, formal legal and comparative legal methods are among private scientific ones. Result: The analysis of approaches to the formalization of the constitutional-legal experiment on the example of two European countries - France and Spain - showed the difference in corresponding models and levels. France developed the system of the state constitutional legal experiment regulation at the level of the Constitution and other legal acts (organic law, regulations, etc.), taking into account the corrective law-enforcement practice of constitutional control body - the Constitutional Council. The implementation of constitutional legal experiments in France was associated with the decentralization of power, the activities of public scientific and cultural institutions, criminal justice, social policy, etc. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional Experiment: Regulatory Approaches in France and Spain is presented in a comprehensive and complete manner.

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