scholarly journals Principles for pre-trial investigation planning under simplified procedure

2021 ◽  
Vol 10 (47) ◽  
pp. 216-225
Author(s):  
Oleksandr Kobzar ◽  
Maksym Romanov ◽  
Serhii Benkovskyi ◽  
Yevhen Povzyk ◽  
Serhiy Trach

The purpose of the article is to study the organizational and legal framework for the functioning of the institution of pre-trial investigation planning under simplified procedure. The subject of the study is the planning of a pre-trial investigation under simplified procedure. Methodology. General scientific and special scientific methods were used in the course of the research: formal and logical; description; historical and legal; comparative and legal; dogmatic. Results of the research. The concept, essence, as well as the basic scientific doctrines concerning functioning of institution of planning are investigated; the content of the legal support for pre-trial investigation under simplified procedure is clarified. Practical meaning. The content and essence of the relevant process in the context of pre-trial investigation under simplified procedure are outlined; the main elements of legal support for the functioning of this institution are allocated; the author’s view on the positive and negative features of pre-trial investigation planning as the management tool is provided. Value / originality. The further steps to optimize the functioning of the institution of planning for pre-trial investigation of criminal offenses are proposed.

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


2021 ◽  
Vol 74 (11) ◽  
pp. 2896-2900
Author(s):  
Kateryna V. Latysh ◽  
Yevhenia E. Demidova

The aim: The article aims to focus attention on the pressing problems of corruption in the field of pharmaceutical activities at the stage of medicines sale. Possible ways to solve the problems are elucidated. Materials and methods: The research has been carried out using the results of analysis and generalization of different countries’ regulation acts governing pharmaceutical activity implementation, also of legal practice, including author’s private practice, interviewing investigators, interviews, and questionnaires of pharmaceutical companies and professionals. General scientific and special scientific methods (dialectical, logical-normative, system-structural, comparative-legal, etc.) were used. Results: As a result of the study, the main problems of corruption that exist in the pharmaceutical activity sphere at the stage of medicines sale have been outlined. One of the most widespread corrupt manifestation are a relationships between a doctor and a pharmacist and sale medicine which contain drugs without doctors prescription. Proposals are formulated regarding possible ways to solve the problems, including other countries experience such as introduce digital control tools when concluding contracts. Conclusions: Investigation problems of pharmaceutical corruption offences deals with the absence of forensic investigation methodic of such crimes. It is caused by high latency of this category of criminal offenses. Among the main problems of the existence of corruption in the field of pharmaceutical activities at the stage of medicines’ sale can be those: insufficiency and imperfection of the legislative regulation of medicines circulation; lack of professional relations regulation between medical institutions, doctors, and pharmaceutical entities; lack of an electronic database of prescribed prescriptions, etc.


Author(s):  
Elena Yur'evna Eseva

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.


Author(s):  
Galina Leonidovna Zemlyakova

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.


Author(s):  
Maria Reshnyak ◽  
Viktor Gladkikh

The purpose of this study is to apperceive the current challenges of criminal liability for corruption offences differentiation and, on this basis, to develop scientifically based proposals to address these problems and improve the effectiveness of criminal law anti-corruption measures. The object of the study is public relations associated with the formation and application of differentiated criminal legal anti-corruption measures. The subject of the study is the current legislation challenges, theory and practice in terms of a differentiated approach to the establishment and implementation of criminal liability for corruption offences. The methodological basis of the study comprises general, general scientific and special scientific methods of cognition, including the method of legal modelling. This scientific article reflects the results of a study of the current criminal legislation on liability for corruption offences, an analysis of judicial statistics and theoretical works referring to the issues under consideration, and contains specific proposals for further liability differentiation. The outcome of the study is a scientifically substantiated conclusion that the available differentiation of criminal liability for corruption offences is not fully aligned with the interests of the state and society in anti-corruption efforts. Furthermore, it does not comply with the equitable principle of criminal liability, indicating the advisability of elaboration of a set of measures to improve criminal legislation in this field.


2018 ◽  
Vol 9 (3(33)) ◽  
pp. 859
Author(s):  
Yulia ARTEMYEVA ◽  
Natalya IVANOVSKAYA ◽  
Valentina KONCHEVA ◽  
Elena SITKAREVA

The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.  


2019 ◽  
pp. 83-88
Author(s):  
E. N. Valiev ◽  
E. N. Veysov

The importance of the subject of this study is attributable to the need of developing the theory and practice of formation of bank marketing, its features and new trends associated with this concept. Prospects for the development of banks and their ability to quickly and efficiently address new challenges presented by the market can be determined through modern forms, methods of management and creative use of financial marketing opportunities.Aim. The presented study aims to examine the specific aspects, principles, conditions, factors of emergence, and prospects for the development of bank marketing and forms of its management in modern economic conditions.Tasks. The authors identify the major trends and perspective directions in the development of bank marketing in Azerbaijan at the current stage.Methods. As its methodological and theoretical basis, this study uses a systems approach to the analysis of its subject, conceptual approaches outlined in the works of Azerbaijani, Russian, and foreign scientists in the field of bank marketing. These methods are used to determine the essence of bank marketing, present the types and organization of marketing research, and identify the characteristic traits, new forms, and directions for the development of bank marketing.Results. The study uses general scientific methods of cognition in various aspects to identify characteristic traits, trends, and new directions of bank marketing. A review of scientific publications shows that academic papers tend to focus on general conceptual approaches to the practical application of marketing. The authors believe that the issues of organization of a comprehensive bank management system, its implementation based on innovations in the promotion of banking products and services in the financial market, and substantiation of channels for their distribution among consumers are insufficiently explored. This makes the subject of this study extremely relevant due to the inevitable optimization of the organizational structure of banks through comprehensive implementation of the marketing system.Conclusions. Theoretical and practical issues of bank marketing are examined. As a result, the specific features and characteristic traits of this mechanism, conditions and factors for its emergence, and its prospects in the context of the digital economy are analyzed.


Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter


Author(s):  
Svetlana Pavlovna Basalaeva

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.


2021 ◽  
Vol 5 (S2) ◽  
pp. 708-721
Author(s):  
Oksana A. Telep ◽  
Inna V. Balashenko ◽  
Pavlo P. Fedaka ◽  
Liudmyla I. Ukhach ◽  
Yelizaveta M. Sivak

The relevance of the subject matter derives from the fact that communication is one of the oldest institutions of humanity and plays a crucial role in modern society. The authors used general scientific methods such as generalisation, analysis and integration of elements of the concept of conventional communication as well. The purpose of the study is to define the essence of the models of socio-cultural transformation, as well as the characteristics and features of the development of socio-cultural activities. The study analyses how socio-cultural content functions in social communication; the key theoretical thesis of the functionality message is identified. The study discusses the models that influence socio-cultural transformation on the global level and make changes both in the global cultural space and in the cultural space of countries, communities, and people in particular. The study proposes means to strengthen the innovative potential of Ukrainian culture. The authors emphasise that the phenomenon of communication culture requires in-depth theoretical and methodological studies of the problems of its design and support. 


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