scholarly journals The Jury in Ukraine: topical issues of reform

2020 ◽  
pp. 61-70
Author(s):  
Iryna Volosko
Keyword(s):  
Criminal Liability ◽  
Developed Countries ◽  
The United States ◽  
Judicial System ◽  
Jury Trial ◽  
Quantitative Composition ◽  
Criminal Proceedings ◽  
Appeal Court ◽  
Existing Problems ◽  
Selection Of

The article is devoted to the analysis of the current state of the jury in Ukraine, assessment of existing problems in legislative regulation, ambiguity of enforcement and finding possible ways of solving existing problems. The jury's ability to defend the judicial system against some tendencies that take place in the trial corps and can undermine a fair system of criminal liability and punishment is argued. A statistical analysis of criminal and civil cases involving jury in 2017-2018 is provided. The article emphasizes that the successful functioning of the jury depends first and foremost on the procedure of selection of people for jury. The bill drafts of Ukraine of amendments to the current legislation on improvement of the procedure of forming the list of jury are analyzed. In the context of this, attention was paid to the issues of the quantitative composition of the jury, the transfer of power to form a list of jury to State Judicial Administration of Ukraine, the heterogeneity of the composition of the jury in terms of individual and psychological differences. The expediency of working out the Regulation “On the procedure of selection of citizens in the jury”, where all requirements for candidates for jury will be detailed, restrictions for people to be sworn, the procedure of forming the lists of jury and their submission to court, is stated. The outreach campaign and legal education of the population is аn important element of the effectiveness of the jury. The requirement of continuity of the trial in the case of jury which is related to the concentration of their attention and various kinds of influence, in particular the mass media, is emphasized. It is noted that the review of the decisions of the jury in the appeal court by professional judges, in fact, negates the value of the verdict of the jury.The item of allotments to candidates for jury and the experience of foreign countries on this issue are considered. It also substantiates the demand of transition of Ukraine to the classic jury trial model, which successfully operates in such developed countries as the United States, Canada, the United Kingdom, Denmark, Belgium and others. The introduction of a classic jury trial model is absolutely necessary in the current condition, will increase the public's confidence in the judicial system and will introduce an effective competitive model of criminal proceedings. Key words:jury, verdict of the jury, selection of the jury.

scholarly journals Criminal Liability of Medical Profecionals Negligience: Comparative Analysis

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 251-263
Author(s):  
Kateryna Danchenko ◽  
Olga Taran
Keyword(s):  
Comparative Method ◽  
Criminal Liability ◽  
The United States ◽  
Medical Professionals ◽  
The European Union ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Medical Office ◽  
The Us ◽  
The Impact

The purpose of this article is to study the criminal liability of medical professionals in cases of suspension, in accordance with jurisprudence in Ukraine, the European Union and the United States of America (USA). He made the comparative method. According to the investigation, the number of criminal proceedings in Ukraine by the authority and misconduct of medical doctors is about 2% per population, my figure that rises to 30% in Europe and is the stable yes in the US and is 28%. 32%. The main objective of the article is often area identify specializations in the medical office occurs with the mayor based on Ukrainian jurisprudence (data from Ukraine’s only state judicial decision register from 2016 to 2019). In addition, the study analyses the impact of the main influences on the ability of medical professionals for their professional functions. From counting the results show that surgeons, gynecologists, paramedics, and anesthesiologists are the most prone to deviation and medical error. Key proposed criteria have been proposed as medical errors differ from medical writing.

scholarly journals Corporate Bankruptcy Prediction in Poland Against the Background of Foreign Experience

e-Finanse ◽  
2019 ◽  
Vol 15 (1) ◽  
pp. 10-19
Author(s):  
Błażej Prusak
Keyword(s):  
Developed Countries ◽  
The United States ◽  
Bankruptcy Prediction ◽  
Corporate Bankruptcy ◽  
Bankruptcy Risk ◽  
Global Trends ◽  
Financial Variables ◽  
Selection Of ◽  
Scientific Achievements ◽  
Corporate Bankruptcy Prediction

AbstractIn highly developed countries, research in the field of bankruptcy risk prediction has been conducted for many years. For example, in the United States, which can be considered a pioneering country, the first publications appeared in the early twentieth century. In Poland, due to political and economic reasons, the interest in this issue dates back to the early 1990s. For this reason, this publication attempts to answer the following questions: 1) What is the level of advancement of the research into predicting bankruptcies of enterprises in Poland? 2) How does it compare to worldwide trends? Therefore, the main aim of this study is to present and evaluate the scientific achievements of Polish authors in the field of corporate bankruptcy prediction and compare them to global trends. Literature analysis was adopted as the research method and shows that initially in Poland only very simple tools were used to assess the risk of bankruptcy of enterprises. With time, however, advanced methods began to be introduced and new models included non-financial variables. Also, research on the selection of the samples was conducted. Currently, the level of research and applied tools do not differ from those used in highly developed countries.

Electricity, Heat and Gas Marketing Information System Based on SOA Architecture

2013 ◽  
Vol 756-759 ◽  
pp. 1119-1125
Author(s):  
Zhi Gang Li ◽  
Dong Qing Zhu ◽  
Quan Qi ◽  
Ze Tian Fu ◽  
Jia Yong He
Keyword(s):  
Customer Service ◽  
Developed Countries ◽  
The United States ◽  
Joint Stock Company ◽  
Integrated Marketing ◽  
Stock Company ◽  
Existing Problems ◽  
Customer Information ◽  
Marketing Information ◽  
Domestic Power

Power marketing in the United States, Europe, Japan and other developed countries has entered the era of intelligent and networked. Domestic power marketing system means more backward, and the marketing organization system is imperfect. With the intensified competition of market, the Tianfu Thermoelectric original marketing information systems cannot satisfy the development needs of the enterprise, which lacks of top-down overall informatization construction planning and scattered IC cards. According to the current operating status of the joint stock company and existing problems, the establishment of an integrated marketing platform with electricity, heat and gas business is built on a unified infrastructure platform in order to unify customer information, marketing basic platform capabilities and customer service platform function, centralize management of electricity, heat, gas marketing business in one of a big marketing intensive management mode including electricity, heat and gas.

scholarly journals Judicial Protection of Intellectual Property Rights in a Digital Economy: Is There a Need for Change?

2021 ◽  
Vol 2 (4) ◽  
pp. 114-126
Author(s):  
Natalya Buzova ◽  
Marina Karelina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern Society ◽  
Developed Countries ◽  
Judicial System ◽  
Moscow City ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Selection Of

The paper looks at improving the judicial system in Russia facing the rapid technological change of modern society in which new relationships are largely associated with different areas of intellectual property. Today biotechnology, digital rights, computer programs and scientific research materials have become widely used in civil circulation and their intellectual property rights should be effectively protected. The paper discusses different issues of protecting intellectual rights provided for by the Civil Code of the Russian Federation, aimed at both suppressing and preventing their infringement, and assesses the statistical indicators of the courts. The practice of the Intellectual Property Rights Court and the Moscow City Court shows that specialization yields positive results. The selection of judges, their professional development including their distinctive competencies in addition to legal ones, also help to find effective ways of resolving intellectual property disputes. With the protection of intellectual property rights being of great concern not only in Russia, but also in most developed countries of the world, their experience has also been thoroughly analyzed. The paper suggests a possible way of improving the judicial system under the current circumstances. Certain changes in the judicial system and the creation of additional specialized intellectual property courts could help to ensure an affordable, legitimate and effective mechanism for resolving disputes related to the violation of intellectual property rights.

scholarly journals The peculiarities of legal liability for violation of tax legislation in the United States

2020 ◽  
pp. 41-49
Author(s):  
Dina Osina
Keyword(s):  
United States ◽  
Social Relations ◽  
Criminal Liability ◽  
Civil Liability ◽  
Developed Countries ◽  
The United States ◽  
Advantages And Disadvantages ◽  
Tax Legislation ◽  
Tax Systems ◽  
The Developed Countries

Relevance of the selected topic is justified by the importance of the institution of liability for the current tax systems, since taxpayers are not always willing to voluntarily part with their earnings. Drawing on the experience of the developed countries can be valuable in determining advantages and disadvantages of the models of the institution of liability for violations of tax legislation, with future consideration in reforming the corresponding sphere of social relations in Russia. The goal of this work consists in examination of peculiarities of the institution of liability for violation of tax legislation in the United States, jurisdiction with one of the most effective tax systems in the world. For achieving the set goal, the author sets a number of scientific tasks, among which is consideration of the types of liability for violation of tax legislation in the United States and questions of their demarcation, as well as the forms of penalties for violating tax legislation. The following conclusions were made: 1) liability for violation of tax legislation in the United States can be either criminal or civil; 2) both types of liability are established in the same legislative act – the Internal Revenue Code; 3) demarcation of liability is rather conditional, depending on the type of offence, severity of penalties for its commission, as well as procedure of implementation of liability; 4) civil liability for violation of tax legislation in the United States has no parallels with the Russian law, and essentially incorporates the features of administrative and civil liability; 5) since in the United States law, civil penalties can have restorative justice nature, a person can be subject to both administrative and criminal liability for the same offence.

scholarly journals LEGAL ASPECTS REGARDING THE APPLICATION OF HOUSE ARREST IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Alexander Ilchenko ◽  
◽  
Oleksiy Bezvin ◽  
Keyword(s):  
Developed Countries ◽  
The United States ◽  
Legal Aspects ◽  
The State ◽  
Precautionary Measure ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Court Proceedings ◽  
Precautionary Measures ◽  
The Individual

The article considers the legal aspects of the use of house arrest and its characteristics. The legislation regulating the use of house arrest has been analyzed. The expediency of using electronic means of control has been studied, which is a very important aspect of the use of house arrest. The purpose pursued by house arrest is formed. The positive aspects and conditions of the use of house arrest for the state, for the person to whom it applies, and members of his family are highlighted. An analysis of international experience in the use of house arrest in developed countries, namely the United States and France. At present, precautionary measures in Ukraine are an integral part of criminal proceedings, without which it is impossible to imagine a proper and holistic course of pre-trial investigation and court proceedings, protection of the individual, society and the state, and other tasks of criminal proceedings not only in Ukraine but also in Ukraine. developed countries. House arrest is one such precautionary measure. This is a fairly modern and advanced precautionary measure, which is essentially a set of restrictions and prohibitions imposed on the accused, suspect in connection with his full or partial isolation within the dwelling, in accordance with the decision of the investigating judge, the court. precautionary measures implemented and controlled by the authorized bodies. However, the mechanism of house arrest cannot be considered perfect, as evidenced by studies of this measure of restraint. The introduction of house arrest in the criminal procedure legislation of Ukraine indicates positive changes that allow to improve the situation of the suspect, accused. Unfortunately, many issues remain open, but the establishment of stricter rules and laws by the state does not always have to be seen as an effective punishment mechanism.

CURRENT ISSUES OF JURY TRIAL REFORM IN CRIMINAL PROCEEDINGS IN UKRAINE

2017 ◽  
Author(s):  
Marina Demura ◽  
◽  
Regina Skrypnyk ◽  
Keyword(s):  
Classical Model ◽  
The United States ◽  
Legal Framework ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
American Model ◽  
Judicial Administration ◽  
Anglo American ◽  
The Right

The author examines in the article the aspect of the functioning of the jury trial and topical issues of reforming this institution in the criminal proceedings of Ukraine. Given the existence of a small amount of research on the prospects of reforming the jury and their prognostic nature, there is a need to analyze current bills to reform the jury, which determines the purpose of the author's study. Based on the works of domestic scientists and the current legal framework, as well as the study of statistics of jury trials, the author concluded that the real impact of jurors on the implementation of criminal proceedings is negligible. However, this fact allows us to determine the need to amend a number of regulations of Ukraine in order to expand the competence of juries and realize their inherent potential. The author, having analyzed the current bills to improve the regulation of the jury institute in criminal proceedings, examined the proposed changes and found that they are aimed at introducing in Ukraine the classical model of the jury trial. Among the proposed innovations, the author draws attention to the main ones, namely: the responsibility of the State Judicial Administration for the formation of juries is assigned instead of local councils; granting the right to the State Judicial Administration to use the information of the State Register of Voters; increase in the number of jurors; establishing the position of the chairman of the jury and giving him the appropriate competence; empowering jurors to decide the guilt or innocence of the accused; the possibility of appealing the verdicts handed down on the basis of a jury verdict. The changes proposed in the draft laws to improve the institution of a jury trial in criminal proceedings, if included in the legislative framework of Ukraine, will help turn the jury trial into an effective mechanism for exercising the right of the people to participate directly in the administration of justice. In addition, to better understand the proposed changes, the author reviewed and analyzed the experience of countries where the Anglo-American model of jury trial is applied on the example of the United States, Canada and England. Finally, the author notes his own opinion on the feasibility of introducing the Anglo-American model of jury trial in Ukraine.

scholarly journals Perspectives of Further Reform of Judicial System

2020 ◽  
pp. 186-191
Author(s):  
Natalya Kogut
Keyword(s):  
Attorney General ◽  
Judicial System ◽  
The Other ◽  
Jury Trial ◽  
System Reform ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Important Direction ◽  
Reliable Mechanism ◽  
National Police

The main directions of appropriate judicial system reform in Ukraine in order to make it effective and equitable are investigatedin the article. The most important direction of judicial system reform is creating an independent judicial system from the other branchesof power. To this end, the other branches of power and President of Ukraine should be entirely excluded from judiciary forming. Theauthor persists that judges should have a disciplinary liability for unjust decisions, which not match or contradict to material norms. Forthis goal, it is worth to create jury trial for judges from the level of appeal. This jury trial should consist of lawyers of the highest ca -tegory and scientists in the sphere of law and be chosen for every case separately by occasional computer programmer in quite signi -ficant amount (for example 12 persons).To the other main directions of judicial system reform, the author relates:1) Creating a reliable mechanism of judges’ prosecution for his unjust decisions and corruption offences;2) Creating a balanced interconnection between judicial and law enforcement branches of power;3) Creating more reliable lever arm for litigators’ rights guarantying;4) Judicial practice unification and creating a steady mechanism of legal gaps and collisions overcoming;5) Improvement of the system of enforcement of judgements;6) Publicity and society access to the legal proceedings.Every direction has it’s peculiarities.Amongst the main reforms in these spheres are the following. Attorney General should be assigned by the Parliament opposition,it will provide court decisions against influence from the side of Parliamentary majority because Attorney General has right to prosecuteagainst judges.It is also important in the criminal proceedings to enact independent investigative authorities from the structure of prosecutionand national police. To provide enforcement of judgements it’s worth to improve financial stimulation of the officers for their positivework and to anticipate ban for criminal outpost in any case of corruption crimes. Also in order to fight against corruption it is worth toallow using any kind of video or audio records including hidden ones when they can be proves in the crimes committed by the publicofficers.

scholarly journals THE USE OF A POLYGRAPH DURING THE INVESTIGATION OF MURDERS INVOLVING DOMESTIC VIOLENCE

2020 ◽  
Vol 21 (1) ◽  
pp. 66-78
Author(s):  
K. Shapoval
Keyword(s):  
Domestic Violence ◽  
Developed Countries ◽  
Scientific Paper ◽  
The United States ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Psychophysiological Examination ◽  
Device Use

The article considers the application of a polygraph (lie detector) psychophysiological examination while the investigation of criminal offenses, namely murders committed with domestic violence. The current legislation of Ukraine, which regulates the application scope of examination with the use of a polygraph, its problems and prospects for development is analyzed. The article purpose is to analyze the essence of polygraph (lie detector) psychophysiological examination, establish the principles of its application, the basic requirements for persons in respect of whom a polygrtaph is used, identify the role of psychophysiological examination in the investigation of murders involving domestic violence. When conducting scientific research, the dialectical method was used, that is all the phenomena connected with the use of a polygraph in their interconnection, interdependence and the device historical development were analyzed. The operation of the device with the help of which a polygraph psychophysiological examination is carried out were described using the methods of analysis and synthesis. Besides, the methods of modeling, deduction, observation, etc. Were used in the preparation of scientific paper content. Having analyzed the practice of using a polygraph in the world in many countries, we can admit that polygraph psychophysiological examination is regulated by a specific law, or by specific legal norms or regulatory legal acts, is appointed and conducted in case of inconsistencies while criminal offenses investigation, namely: when there are direct contradictions between the testimony of the investigation participants; when there is a contradiction between the testimony of the interrogated persons and other evidence in the criminal case; when there is no evidence in the case. Ukraine is only at the stage of legalizing the use of polygraphs during criminal offenses investigation. This is evidenced by the bills, in particular: 3611 dated 10.12.2015 “On supplementing the Criminal Procedural Code of Ukraine with provisions on the use of a polygraph (lie detector)” 4094 dated 17.02.2016 “On protection of the persons rights undergoing polygraph test (examination)” 4094-1 dated 04.03.2016 “On polygraph activity” The use of a polygraph while psychophysiological examination in the activities of Ukrainian law enforcement agencies is not actively applied. This situation arises due to subjective and objective reasons, one of which is gaps in the legislation; but we are on the way to regulating such relations. In particular, the practice of developed countries such as the United States, China, Japan and others reflects the effeciency of this device use. Summarizing the above, it can be concluded that the use of a polygraph while criminal proceedings, in particular in the investigation of murders involving domestic violence, possesses the principles of practical application. The appointment of a polygraph psychophysiological examination creates appropriate conditions for an investigator work in order to conduct a qualified, impartial investigation of a murder involving domestic violence.

scholarly journals The Actualized Development of Information Economy in the Context of Global Transformations

2021 ◽  
Vol 10 (525) ◽  
pp. 135-143
Author(s):  
V. I. Chobitok ◽  
◽  
К. V. Biryukova ◽  
D. O. Starenkov ◽  
◽  
...  
Keyword(s):  
Development Strategy ◽  
Social Relations ◽  
Information Technologies ◽  
Developed Countries ◽  
The United States ◽  
Information Economy ◽  
Existing Problems ◽  
Managerial Decisions ◽  
The World ◽  
Complex Phenomena

The purpose of the article is to form scientific and practical aspects of actualization of the development of the information economy in the context of global transformations. According to results of the study, one can say that modern information technologies have come a long way in their development, but they need further improvement. It is already clear that the future, for effective managerial decisions, envisages attraction of not only human capital, but also breakthrough technologies and artificial intelligence. Accordingly, most countries over the world associate their development strategy with the transition to the information economy. The greatest success in the transition to the information economy reached developed countries, including the United States, Germany, France, Great Britain, China, and Japan. Regrettably, Ukraine today occupies a low position in the world rankings regarding indicators influencing the process of actualizing the development of the information economy in the context of global transformations. Although recently in Ukraine there have been infrastructure changes in the direction of computerization and informatization, the degree of their influence both at the domestic level and at the level of corporate sectors is increasing, the number of innovative enterprises is actively growing. The essence of the information economy consists in the formation of elaborate, complex phenomena that are associated with changes in the system of productive forces and social relations directed towards the effective and rational use of information technologies and creative work. Overcoming existing problems will provide an opportunity to actively develop the information economy of Ukraine in the context of global transformations. In general, the policy of development of information economy should be comprehensive and create the necessary conditions for the corresponding transition: economic, legal, and organizational.

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