scholarly journals Judicial protection service and its analogues: a comparative legal research

2021 ◽  
Vol 10 (47) ◽  
pp. 47-53
Author(s):  
Oleg Reznik ◽  
Maryna Utkina ◽  
Mykola Starinskyi ◽  
Nataliia Isaieva ◽  
Liudmyla Kysil
Keyword(s):  
Public Relations ◽  
The United States ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Organizational Issues ◽  
Foreign Countries ◽  
Close Cooperation ◽  
European Standards ◽  
High Level ◽  
Judicial Protection

The article's relevance is because the Judicial Protection Service is a relatively new institution, the creation of which was completed last year. However, analogs of such a service operate successfully in different countries (in particular, the United States, Canada). Effective maintenance of law and order during the court hearing is one of the main elements of the reform processes of the judicial system of Ukraine, which must directly meet European standards. Because of this, the issue of research of this institution in Ukraine and the possibility of implementing best practices in the functioning of its counterparts in foreign countries is relevant. The purpose of the study was to determine the characteristics of the judicial protection service and its analogs in different countries. The object of the study is the public relations that arise in the field of security and independence of the judiciary. The subject of the study is the principles of functioning of the judicial protection service and its analogs. The methodological basis of the study is a set of general and unique methods of cognition, in particular: dialectical, historical, descriptive, methodology of scientific analysis, and generalization—comparative law, structural-functional and analytical. Analyzing the experience of foreign countries in organizing the activities of similar institutions of the Judicial Protection Service, it was emphasized the high level of trust of judges in such judicial protection services and the close cooperation of the latter with law enforcement agencies. The authors of the article also emphasize that the formation and operation of institutions as the Judicial Protection Service directly depend on financial support, organizational issues, and personnel policy.

scholarly journals The Formation of Land Conservation Principles as the Framework for the Implementation of the Concept of Sustainable Development of Society

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Moldir Abaikyzy ◽  
Lazzat K. Yerkinbayeva ◽  
Kulyash N. Aidarkhanova ◽  
Gulnar T. Aigarinova ◽  
Nurzhan S. Baimbetov
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Regulation ◽  
Hazardous Substances ◽  
Practical Significance ◽  
Environmental Legislation ◽  
Land Protection ◽  
Foreign Countries ◽  
European Standards

AbstractThe interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, at first glance, is not directly related to the study of the laws of functioning and development of this legal institution. The relevance of the study is determined by the fact that such an interest appears as rather justified and even logical, if one is to proceed, firstly, from general ideas about the development of land legislation in the context of globalisation, and secondly, if one is to consider the desire of countries to more widely implement global and European standards of environmental policies and rights and approaches to environmental protection in general. The purpose of this article is determined by the identification the main problems of land protection legislation in the field of and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. It was determined that the positive experience in foreign countries related to the legal regulation of relations in legal protection of the environment allows transferring the theoretical ideas about the legal structures existing in other countries to the practical plane, which, in turn, allow to optimally regulate the appropriate circle of public relations, taking into consideration the relevant historical traditions, the internal structure of national legislation, the features of the development of environmental legislation of the respective country. The concept of protecting land from pollution by hazardous substances and ways of improving and adapting legislation in the field of waste management were proposed. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.

INDEPENDENCE OF PROFESSIONAL JUDGES AS A CONSTITUTIONAL BASIS FOR THEIR LEGAL STATUS

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Mariana Khmyz ◽  
Vitaliy Hudyma ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Professional Status ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Inaccurate Information ◽  
The Status ◽  
Legal Foundations ◽  
The Law ◽  
The Right ◽  
Judicial Protection

The article reveals the main aspects of the independence of professional judges as a constitutional basis of their legal status. It is established that the main aspects of the independence of judges as the constitutional basis of their legal status in Ukraine are regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Law of Ukraine «On Ensuring the Right to a Fair Court», the Law of Ukraine «On Restoring Confidence in the Judiciary in Ukraine», the Law of Ukraine «On Purification of Power». It is determined that the independence of the judiciary is guaranteed by the state and acts as a constitutional and legal basis for the functioning and activity of the judiciary. It was found that the independence of judges is a key element of the professional status of judges. It has been determined that a judge, in administering justice, must be independent of influence, pressure or interference from unlawful sources. It was noted that state authorities and local self-government bodies, as well as their officials and officials, individuals and legal entities, are obliged to respect the independence of judges, as well as not to encroach on it. It has been established that a judge in the context of administering justice is independent, therefore, taking measures to ensure the independence of judges is one of the main responsibilities of the High Council of Justice. It has been established that every year the number of violations by offenders on the independence of judges in the context of their administration of justice is increasing. It was determined that most often encroachment on the independence of judges in Ukraine occurs on the part of law enforcement agencies, people's deputies, deputies of local councils, other representatives of state authorities and local self-government bodies, lawyers, as well as in cases of violation of law and order in a court session, disruption of court hearings, blocking courts, making various threats to judges, committing physical pressure on judges or members of their families, damaging their property, as well as the property of courts, disseminating inaccurate information in relation to judges. It was found that the low level of guarantees for the independence of judges has an indirect effect on reducing the possibilities of exercising the right to exercise judicial protection. It is noted that the prospects for further research in this direction are the study of the legal foundations of the procedure for the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates.

scholarly journals Essence and Content of the Competitiveness of the Officers of the National Police of Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 85-92
Author(s):  
Є. Ю. Подорожній
Keyword(s):  
Labor Market ◽  
Intellectual Development ◽  
Physiological State ◽  
Physical Stability ◽  
Personal Data ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
High Level ◽  
National Police

It has been stated that the current Labor Code of Ukraine is outdated, the content of some of its provisions does not correspond to modern economic and social realities. Besides, a significant number of problematic issues remain unresolved, for example in regard to ensuring the guarantees of competitiveness of individual employees, in particular those who work in public authorities (in our case – law enforcement agencies), where one of the most important is certainly the National Police of Ukraine. It has been proved that competitiveness is a characteristic of the modern labor market. There are subjective and objective factors that affect the competitiveness of the profession of the National Police officer at the labor market. The following key conclusions have been formulated regarding the essence of the category of “competitiveness” in the context of the issues mentioned in the article: 1) competitiveness of an employee of the National Police of Ukraine is a set of professional characteristics of an employee that characterize his ability to effectively perform the tasks and responsibilities assigned to him to protect law and order and combat offenses, the realization of the relevant rights; 2) the competitiveness of the profession is a set of working conditions that makes this profession more attractive and prestigious among other professions at the labor market; 3) a competitive employee is an employee who, by his professional and moral and business qualities, best meets the requirements of the vacant position and has certain advantages over other employees; 4) competitive profession is a profession that is the most attractive among other professions at the labor market of Ukraine. It has been generalized that the competitiveness of employees may depend on various objective and subjective factors. Objective ones include certain personal qualities of a person of physical and moral nature (age, intellectual development, gender, psycho-physiological state, communication skills, stress resistance, as well as other personal data that characterize the moral and physical stability of employees). In our opinion, subjective factors include the availability of higher specialized education, a high level of efficiency, initiative, continuous professional development, etc.

scholarly journals Hygienic Standardization of Daylight: Problems, Tasks, and International Experience (Literature Review)

2020 ◽  
pp. 10-15
Author(s):  
II Novikova ◽  
NA Zubtsovskaya ◽  
MA Lobkis ◽  
GP Ivleva
Keyword(s):  
Light Transmission ◽  
Light Flux ◽  
The United States ◽  
Public Buildings ◽  
Natural Lighting ◽  
Foreign Countries ◽  
European Standards ◽  
And Performance ◽  
Indicator Light ◽  
The Impact

Purpose. The purpose of the study was to analyze world experience and international practice of regulating natural lighting at schools and innovative solutions in this field. Results and discussions. The article presents the list of regulations of European countries regarding standard requirements for daylight and artificial lighting in residential and public buildings. The Daylight Factor (DF), which is the equivalent of the Russian natural illumination coefficient, varies from 0.8 to 5 per cent in different countries. The article describes lighting and insolation requirements for the daylight factor, light coefficient, combined discomfort indicator, light transmission coefficient, and light flux distribution in residential and public buildings, including comprehensive schools, in such countries as the United Kingdom, Germany, Greece, Poland, USA, Sweden, Cyprus, Netherlands, and Japan. The list of rated parameters of daylight both in the Russian Federation and in foreign countries is identical. At the same time, the requirements for natural lighting (DF, duration of insolation) in European standards are more stringent. The impact of daylight on schoolchildren’s health and performance was the subject of research in Sweden and the United States. Their authors concluded that studying in classrooms without daylight could disrupt the basic hormonal background, affect the ability of children to concentrate attention and interact with each other, influence growth and the number of days missed due to illness. Сonclusions. The analysis of international data proving the importance of daylight in forming optimal conditions for education and eyesight of schoolchildren and preventing health disorders enabled us to conclude on the necessity to launch scientific research into mathematical models of health risks for schoolchildren.

scholarly journals Law Enforcement Activity of the National Guard of Ukraine on Ensuring Public Security and Order: Problems and Ways of Their Solution

2019 ◽  
Vol 73 (2) ◽  
pp. 58-62
Author(s):  
К. О. Чишко
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
National Guard ◽  
Public Security ◽  
Law Enforcement Agencies ◽  
Organizational Issues ◽  
The Law ◽  
Single Standard ◽  
National Police ◽  
Enforcement Activity

The author has studied the content of normative and legal acts regulating public relations in the field of ensuring public security and order by the National Guard of Ukraine (NGU). The author has paid direct attention to theoretical bases of the concept of “public security” and “public order”. Relevant problems of ensuring public security and order by the NGU have been described; specific ways of eliminating legal and organizational problems of such provision have been suggested. It has been established that the problems of ensuring public security and order by the NGU have normative and legal and organizational nature. According to the author, the elimination of the described problems can be ensured by: the formation of a single standard for ensuring public security and order, in particular by means of a unified approach to assignment and, accordingly, implementation of measures in the field of ensuring public security and order (in the present circumstances, it is quite justified to consider the provisions of the Law of Ukraine “On the National Police” as the basis for the activities of law enforcement agencies in the field of keeping public security and order). The consequences should be the delineation of the NGU’s area of competence for ensuring public security and order, and eliminating contradictions between the laws of Ukraine “On the National Guard of Ukraine” and “On the National Police” and amending administrative and tort legislation and the Law of Ukraine “On the National Guard of Ukraine”. To address organizational issues, it is advisable to strengthen the legal training of the NGU military personnel, in particular in the field of administrative law and procedure, tactical and communicative training; to provide the necessary logistics, including the equipment of the NGU employees, with the means of external identification (badges indicating the special token number).

scholarly journals Criminal law policy of countering animal cruelty:a comparative study

2021 ◽  
Vol 17 (4) ◽  
pp. 129-139
Author(s):  
Andrey Yu. Aseev ◽  
Elena I. Chekmezova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Western Europe ◽  
Criminal Liability ◽  
The United States ◽  
Animal Abuse ◽  
Effective Protection ◽  
Foreign Countries ◽  
The Subject

The subject of the research is the phenomenon of criminal law protection of animals from abuse. The purpose of the research is to provide likely analysis of the experience of establishing criminal liability for animal abuse in the post-Soviet countries, Western Europe and the United States. The methodological basis of the research consists of comparative legal, formal legal and systematic methods. In the course of the research, the specifics of the construction of criminal law norms providing for liability for animal abuse in foreign countries are determined. The focal points of the criminal law policy of countering animal cruelty in the sphere of criminalization of acts encroaching on public relations in the field of animal welfare are considered. The authors substantiate the possibility of assimilation into the Russian criminal law of a number of provisions of the criminal laws of foreign countries in terms of establishing liability for encroachment on the life of animals in order to ensure effective protection of social relations from negative development in the field of animal treatment.

CRIMINOLOGICAL FEATURES OF CORRUPTION-RELATED CRIMES IN THE FUEL AND ENERGY COMPLEX

2020 ◽  
pp. 23-27
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Energy Complex ◽  
Significant Damage ◽  
Study Results ◽  
Wide Range ◽  
Illegal Activities ◽  
High Level

В представленной статье авторами рассматриваются вопросы уголовно-правовой охраны топливно-энергетического комплекса Российской Федерации от преступных проявлений, в том числе от коррупционной противоправной деятельности должностных лиц. Такие действия причиняют значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Авторами приводятся результаты исследования некоторых криминологических характеристик должностных лиц, совершивших преступления коррупционного характера. Дан анализ причин и условий, способствующих совершению вышеуказанных противоправных действий. Определена типовая модель преступника для данной категории преступлений и его характеристики: в первую очередь, это высокий уровень компетентности, специальное образование и т. д. Авторами отмечается высокий уровень латентной преступности в данной отрасли. Предложены некоторые пути профилактики данной категории правонарушений. Исследование проводилось на основе анализа конкретных уголовных дел, возбужденных следственными органами по результатам оперативно-розыскной деятельности правоохранительных органов. In the article the authors consider the issues of criminal and legal protection of the fuel and energy complex of the Russian Federation from criminal activity including corrupt illegal practices of officials. The authors cite the results of some criminological characteristics study of the fuel and energy complex staff committed corruption crimes. As a result of these illegal actions significant damage is caused to the normal functioning of the fuel and energy enterprises. Such officials` actions determine not only a wide range of other illegal activities, but also lead to public outcry and discredit the industry as a whole. The analysis of the reasons and conditions contributing to the above illegal actions commission is given. A typical model of a criminal for a given crime category and its characteristics are determined. First of all it is a high level competence, special education, etc. A high level of latent crime in this industry is shown. The study results are presented on the example of specific criminal cases initiated by the investigating authorities based on the results of the operation detection activities of law enforcement agencies. Some ways of preventing this category of offenses are proposed.

ОСОБЕННОСТИ ПОДГОТОВКИ КАДРОВ ДЛЯ ПЕНИТЕНЦИАРНОЙ СИСТЕМЫ В США

2020 ◽  
Author(s):  
Vladimir Unterov ◽  
Elizaveta Eremeeva
Keyword(s):  
United States ◽  
The United States ◽  
Training System ◽  
Modern World ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
The Russian Federation ◽  
Prison Systems ◽  
Correction System

Статья посвящена изучению зарубежного опыта подготовки кадров для пенитенциарных систем. Его анализ и рассмотрение возможности внедрения отдельных элементов направлены на совершенствование системы подготовки сотрудников для уголовно-исполнительной системы России, повышение их профессионального уровня, что в конечном счете будет способствовать достижению главной цели УИС - исправлению осужденных. Авторы особое внимание уделяют изучению специально-профессиональных и личностных качеств, необходимых сотрудникам пенитенциарных учреждений. В статье рассматриваются особенности подготовки сотрудников пенитенциарной системы в Соединенных Штатах Америки. Важнейшей задачей образовательных учреждений и центров по подготовке кадров для пенитенциарной системы США является обеспечение будущих сотрудников знаниями, необходимыми для выполнения профессиональных обязанностей в рамках предстоящей деятельности. Также авторы подчеркивают важность развития при подготовке будущих сотрудников не только профессиональных, но и личностных качеств.The article is devoted to the study of foreign experience in order to improve the training system for the Russian penal correction system. In particular, the training of prison officials in the United States of America is considered as one of the most developed States in the modern world. The improvement of the training process for the Russian penal correction system implies the development of international cooperation with the prison systems of foreign countries. The study of foreign experience of penitentiary education contributes to the improvement of the professional level of the staff of the Penal Correction Service and, ultimately, to the achievement of the main goal - correction of convicts. The authors pay particular attention to the study of specific professional and personal qualities required by potential prison staff. Since there have been significant positive changes in the formation of professional qualities of the future employee of the Russian penal correction system over the past decade, the main focus of the work is on the formation of personal (universal) qualities of the employee of the Federal Penal Correction Service of the Russian Federation, for which the positive experience of the United States is analyzed.

Multidimensional analysis of the state of Russian studies on the education issues over 1993–2016

2018 ◽  
pp. 50-62
Author(s):  
Дмитрий Рубвальтер ◽  
Dmitry Rubvalter ◽  
Александр Либкинд ◽  
Alexander Libkind ◽  
Валентина Маркусова ◽  
...  
Keyword(s):  
Web Of Science ◽  
The State ◽  
Multidimensional Analysis ◽  
Russian Regions ◽  
Global Flow ◽  
Educational Issues ◽  
Foreign Countries ◽  
High Level ◽  
The Web ◽  
Made In

A multidimensional analysis of the state of Russian studies on the education issues over 1993–2016 was carried out based on the materials of the data contained in the Web of Science (SSCI, A & HCI and SCI-E databases). There were determined the dynamics and trends of a number of relevant indicators, such as the number of Russian publications by year, the share of these publications in the global flow of publications on education issues, the dynamics of the share of publications made in co-authorship with foreign colleagues, etc. A number of distributions of Russian publications on educational issues was compiled and analyzed: by journals, by Russian regions and cities, by organizations and authors of the publications. It was found that most of these distributions were characterized by a high level of non-uniformity. A list of journals (125 titles) in which Russian works on education issues had been published was compiled. Russian organizations (308) and domestic researchers (about two thousand) engaged in studying the issues of education were identified. It was discovered that more than 200 organizations and about 400 academicians from 60 foreign countries had participated in Russian studies on the education issues.

Stranger Danger

2020 ◽  
Author(s):  
Paul M. Renfro
Keyword(s):  
News Media ◽  
Sex Offender ◽  
The United States ◽  
Family Values ◽  
Law And Order ◽  
High Profile ◽  
Amber Alerts ◽  
Actual Figure ◽  
Stranger Danger ◽  
Murdered Children

Starting in the late 1970s, a moral panic concerning child kidnapping and exploitation gripped the United States. For many Americans, a series of high-profile cases of missing and murdered children, publicized through an emergent twenty-four-hour news cycle, signaled a “national epidemic” of child abductions perpetrated by strangers. Some observers insisted that fifty thousand or more children fell victim to stranger kidnappings in any given year. (The actual figure was and remains about one hundred.) Stranger Danger demonstrates how racialized and sexualized fears of stranger abduction—stoked by the news media, politicians from across the partisan divide, bereaved parents, and the business sector—helped to underwrite broader transformations in US political culture and political economy. Specifically, the child kidnapping scare further legitimated a bipartisan investment in “family values” and “law and order,” thereby enabling the development and expansion of sex offender registries, AMBER Alerts, and other mechanisms designed to safeguard young Americans and their families from “stranger danger”—and to punish the strangers who supposedly threatened them.

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