scholarly journals CORRUPTION OFFENCES IN MEDICATIONS CIRCULATION: INVESTIGATION PROBLEMS

2021 ◽  
Vol 74 (11) ◽  
pp. 2896-2900
Author(s):  
Kateryna V. Latysh ◽  
Yevhenia E. Demidova
Keyword(s):  
Pharmaceutical Companies ◽  
Forensic Investigation ◽  
Legal Practice ◽  
Scientific Methods ◽  
Criminal Offenses ◽  
Medical Institutions ◽  
Pharmaceutical Activity ◽  
Special Scientific ◽  
General Scientific ◽  
Investigation Problems

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.

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
Keyword(s):  
Legal Framework ◽  
Management Tool ◽  
Scientific Methods ◽  
Logical Description ◽  
Criminal Offenses ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject ◽  
Simplified Procedure

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.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

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.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

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

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

scholarly journals Restriction of the property rights

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 293-303
Author(s):  
Yury Alexandrovic Svirin ◽  
Vladimir Aleksandrovich Gureev ◽  
Alexandr Anatolievich Mokhov ◽  
Eduard Eduardovich Artyukhov ◽  
Igor Mikhaylovich Divin
Keyword(s):  
Theoretical Analysis ◽  
Historical Perspective ◽  
Theory Of Knowledge ◽  
Modern World ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
The Difference ◽  
The Right

The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limiting the absolute right of ownership was justified, the difference between the restriction and encumbrance of the right of ownership was proved, and the place of the easement in the system of restriction on the right was investigated.  

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

Operational and investigative characteristics of bribery and coercion of a witness and victim to give false testimony

2020 ◽  
Vol 2020 (4) ◽  
pp. 164-173
Author(s):  
Galina Panchishnaya
Keyword(s):  
Comparative Analysis ◽  
Systems Approach ◽  
Criminal Responsibility ◽  
Scientific Development ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Scientific Methods ◽  
Criminal Offenses ◽  
Theoretical Significance ◽  
General Scientific

One of the acute problems that have a significant impact on the effectiveness of criminal proceedings is the problem of unlawful influence on the witness and the victim. The disclosure and investigation of the aforementioned criminal offenses is increasingly accompanied by active opposition from interested persons who commit unlawful acts against the witness and the victim, accompanied by particular cruelty and cynicism. Bringing these persons to criminal responsibility is often hampered by the pressure exerted on the witness and the victim in the form of bribery and coercion to give false testimony. Revealing bribery and coercion of a witness and a victim to give false testimony for operational-search science and practice is a significant problem, the solution of which mainly involves the involvement of forces and means of operational units of the internal affairs bodies. It is quite logical that the study of crimes, carried out from the standpoint of the operational-search science, presupposes the formation of the operational-search characteristics of the considered category of crimes. The purpose of this study is a comprehensive scientific development of the main elements and the concept of operational-search characteristics of bribery and coercion of a witness and a victim to give false evidence. To achieve the intended goal, the author needs to solve the following tasks: to analyze the concept of the operational-search characteristics of crimes, to determine its main elements; to summarize and analyze the operational-investigative practice of bribery and coercion of a witness and a victim to give false testimony; analyze generalized data on the most typical operatively significant signs of a crime in the category under consideration. The study is based on the use of general scientific techniques and methods (logical-legal, systems approach, analysis, synthesis, etc.) and specific scientific methods (polling, questionnaires, content analysis of documents, interviewing, comparative analysis, etc.). The theoretical significance of the study lies in the fact that by studying the features of the operationalsearch characteristics of bribery and coercion of a witness and a victim to give false testimony, the author can make a certain contribution to the development of the theory of operational-search activity.

Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1246
Author(s):  
Yuriy S. NAZAR ◽  
Tetiana Ya. NAZAR ◽  
Ivanna M. PROTS ◽  
Danylo I. YOSYFOVYCH ◽  
Olena M. ILYUSHYK
Keyword(s):  
Eastern Europe ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Distinctive Features ◽  
Scientific Methods ◽  
Financial Responsibility ◽  
Special Scientific ◽  
General Scientific ◽  
Conducting Research

The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

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