scholarly journals Scientific and theoretical aspects of the origin and development of the principles of the establishment and activities of the prosecutor's office of Ukraine as a law-enforcement agency

2021 ◽  
pp. 27-30
Author(s):  
Anna PRYSIAZHNA
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Legal Status ◽  
Public Authorities ◽  
Historical Aspect ◽  
Stage Of Development ◽  
Law Enforcement Agency ◽  
The Status ◽  
Basic Ideas ◽  
Current Stage

The current stage of development of the Ukrainian state is characterized by increased interest in the problems of public authorities. The organization and activities of all state bodies, including the prosecutor's office, are built in accordance with the principles that determine the specifics of the legal status of each of these bodies and thus allow to individualize the status of each of them. It is on their basis that the competence of the prosecutor's office, the powers of prosecutors are determined, and the legislation on the prosecutor's office is developed. In this regard, the principles (principles) are the basis, the foundation of the prosecutor's office and all areas of its activities. It is established that the study of the principles of organization and activity of the Ukrainian prosecutor's office is impossible without the scientific-historical aspect of the origin of these principles and their development at different historical stages. The dialectic of the development of social life is such that the present and the future do not exist without the past, without a definite history. The historical origins of the origin, formation of the concept and development of the system of principles of organization and activity of the prosecutor's office are studied. It is proved that the principles of organization and activity of the prosecutor's office in the conditions of its reform become extremely important both for science and for practice. The provision is substantiated that the knowledge of the principles as the basic ideas that became the basis for the reform of the prosecutor's office, allows not only to know the essence of this reform, but also to identify shortcomings and weaknesses of the reform. The origin and development of the principles (principles) of organization and activity of the Prosecutor's Office of Ukraine are studied; the meaning and content of the principles of organization and activity of the prosecutor's office are revealed. The principles of law are the criterion of legality and legitimacy of actions of citizens and officials and under certain conditions are of great importance for the growth of legal awareness of the population.

scholarly journals Current stage of Russian advocacy development

2021 ◽  
pp. 27-36
Author(s):  
S. I. Volodina
Keyword(s):  
Mental Health ◽  
Professional Development ◽  
Law Enforcement ◽  
Legal Profession ◽  
Negative Consequences ◽  
Legal Aid ◽  
The Status ◽  
Standards Of Proof ◽  
Current Stage

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

scholarly journals FORENSICS CHARACTERISTICS IN THE STRUCTURE OF THE CRIME INVESTIGATION METHODOLOGY

2021 ◽  
pp. 228-243
Author(s):  
Е. Lukianchykov ◽  
B. Lukianchykov ◽  
S. Petriaiev
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Cognitive Activity ◽  
Law Enforcement Agencies ◽  
Structural Element ◽  
Historical Aspect ◽  
Stage Of Development ◽  
The Subject ◽  
Qualitative Changes

The article deals with the problematic issues of the forensics characteristics of crimes as a scientific category of forensic science and tools of cognitive activity in the disclosure and investigation of crimes. Attention is drawn to the fact that the modern stage of development of society is characterized not only by quantitative, but also by qualitative changes in the state of crime. New types of crimes are appearing and traditional methods of their commission and concealment are being improved using the achievements of scientific and technological progress. Significant parts of the crimes remain unsolved, and the persons who committed them are not punished. Law enforcement agencies are faced with the task of quickly disclosing them and protecting the violated rights of victims. Science, primarily forensic science, is called upon to provide assistance in solving such problems. In the historical aspect, the development of the theory of forensic methodology, determining its place in the system of forensic science is considered. It is noted that it is advisable to consider the forensic methodology both as a branch of science, and as a system of knowledge about the technology of investigating crimes, and the technology itself, a kind of algorithm for investigating crimes, which is implemented in the practical activities of investigators, detectives, prosecutors. Attention is drawn to the fact that since the mid-80s of the last century, the concept of criminalistics characteristics of crimes has entered the scientific circulation. Its correlation with the subject of proof and the opinions of scientists and practitioners about the place of forensic characteristics in the structure of private methods of investigation of certain types of crimes are analyzed. Based on the analysis, the author substantiates the conclusion that the forensic characterization of crimes should be considered as a structural element of a private investigation methodology and the basis for the development of such methods. Attention is drawn to the mandatory study of the correlation dependences between its elements, which can serve as a key to disclosing a specific crime.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals Constitutional-Law Status of Autonomous Territories in the CIS Countries

2018 ◽  
pp. 69-76
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
Comparative Law ◽  
Public Authorities ◽  
Autonomous Region ◽  
The Status ◽  
Independent States ◽  
Cis Countries ◽  
Autonomous Republic ◽  
Significant Attention

In the article, the legal status of autonomous territories in the CIS (the Commonwealth of Independent States) countries is discussed from a comparative perspective. Using a comparative-law methodology, the author examines constitutional provisions as well as special laws and regulations concerning each autonomous entity. The territorial autonomies in Azerbaijan (the Nakhchivan Autonomous Republic), Uzbekistan (the Karakalpakstan Republic), Tajikistan (the Gorno-Badakhshan autonomous region), and Moldova (Gagauzia) are studied. The status of autonomous territories in these states is defined by legal acts with different legal force. As a result, actual status of these territories varies from state to state. Nevertheless, it is emphasized that there are some similarities in provisions of the constitutions and other acts of the states under consideration. A significant attention is paid to analysis of systems of public authorities in autonomous territories, their organization, and procedures of appointment and elections to them. The competence of autonomous units and their legislative and executive bodies is also discussed. The author raises the question about the degree of autonomy in autonomous bodies’ activities.

Features of medical workers work: state of legislation and its development

2020 ◽  
pp. 58-67
Author(s):  
Viktor Lebedev ◽  
Elena Lebedeva
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Legal Status ◽  
Working Hours ◽  
Paid Leave ◽  
The Status

The article deals with topical issues of medical organizations: a comparative analysis of the legal status of heads of budgetary organizations, including their deputies, heads of branches, the rules governing the “status” of such employees in universities, scientific and medical budget organizations; reduced working hours of medical workers in organizations; practical situations related to the implementation of the rights of medical workers to annual paid leave; the analysis of legislation and law enforcement practice on strengthening the employer’s liability for violations related to employee payments, including vacation pay amounts, was conducted.

scholarly journals A Brief Report on the Actions towards the Introduction of BIM in the Macedonian Construction Sector

2021 ◽  
Vol 11 (1) ◽  
pp. 8
Author(s):  
Lihnida Stojanovska-Georgievska ◽  
Ivana Sandeva ◽  
Aleksandar Krleski ◽  
Hristina Spasevska ◽  
Margarita Ginovska ◽  
...  
Keyword(s):  
Case Studies ◽  
Construction Industry ◽  
Energy Performance ◽  
Digital Transformation ◽  
Construction Sector ◽  
Energy Performance Of Buildings ◽  
Stage Of Development ◽  
The Status ◽  
Insight Into ◽  
Current Stage

Although the building sector builds and renovates objects, the construction industry is currently due for a digital renovation. In this paper, we provide insight into the status of BIM adoption in North Macedonia as a step towards the digital transformation of the construction industry. The presented review on the current stage of development, benefits, and barriers is followed with showcasing the possibilities for using BIM for the assessment of the energy performance of buildings through case studies. Furthermore, the results of the conducted survey on BIM awareness and the proposed national roadmap for BIM adoption are elaborated on.

scholarly journals Certain Aspects of the Analysis of Cryptocurrency Transactions during the Prevention and Investigation of Crimes

2021 ◽  
Vol 80 (1) ◽  
pp. 93-100
Author(s):  
В. В. Носов ◽  
І. А. Манжай
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Risk Levels ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
Current State ◽  
Current Stage

The analysis of separate tools for the visualization of movement of cryptocurrency values, and also identification of users who carried out the corresponding transactions has been carried out. The advantages and disadvantages of cryptocurrency from the point of view of offenders and law enforcement agencies have been studied. The main directions of using cryptocurrency in a criminal environment have been determined. The current state and perspectives of normative and legal regulation of cryptocurrency in Ukraine have been analyzed. Theoretical principles of cryptocurrency functioning have been studied. The basic concepts used in this area have been revealed. The properties of cryptocurrency have been described. The mechanism of its issuance of guaranteeing pseudo-anonymity while working with cryptocurrency has been outlined. Some features of blockchain technology and formation of cryptocurrency addresses have been revealed. It has been noted that one of the first and most well-known cryptocurrency is bitcoin. The format of bitcoin address presentation has been described. It has been emphasized that bitcoin wallet software can operate with any number of addresses or each address can be served by a separate wallet. The technology of mixing transactions and the method of increasing the anonymity of CoinJoin have been described. The authors have revealed the possibilities of separate services intended for the analysis of cryptocurrency transactions (Maltego, Bitconeview, Bitiodine, OpReturnTool, Blockchain.info, Anyblockanalytics.com, Chainalysis, Elliptic, Ciphertrace, Blockchain Inspector). The process of risk assessment and construction of visual chains of cryptocurrency transactions has been demonstrated on the example of the “Crystal Expert” service. Different types of bitcoin addresses’ holders and risk levels have been described. The main and additional investigation tools used on the “Crystal Expert” platform have been revealed. Based on the conducted analysis, the authors have defined the main tasks for law enforcement agencies at the current stage of development of cryptocurrency. The basic requirements for tools designed for cryptocurrency analysis have been outlined. The authors have suggested some measures of law enforcement agencies’ respond to threats related to cryptocurrency.

scholarly journals Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

2019 ◽  
Vol 75 (4) ◽  
pp. 59-64
Author(s):  
A. V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Legal Status ◽  
Criminal Liability ◽  
The State ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
Definition Of

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science. The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved. The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

scholarly journals Serbs as a new national minority in post-Yugoslav states

Sociologija ◽  
2011 ◽  
Vol 53 (4) ◽  
pp. 417-432
Author(s):  
Nada Raduski
Keyword(s):  
Social Life ◽  
Legal Status ◽  
National Minority ◽  
Right To Education ◽  
Minority Protection ◽  
Linguistic Rights ◽  
The Status ◽  
European Standards ◽  
The Right ◽  
Bilateral Treaties

Recent political changes in states founded on the territory of the former Yugoslavia have resulted in profound changes in relation to minorities. The factual status of Serbian minorities in the neighboring countries has been influenced by various circumstances - demographic, political, legal, historical, etc. Outside Serbia, in former Yugoslav republics there are nearly half a million persons belonging to Serbian nationality who have the status of national minority. Although their social and legal status is defined according to European standards of minority protection, closer analysis points to a rather unfavorable status of Serbian minorities. A reason for such a situation may also be found in the poorly designed and insufficiently organized policy of the homeland country. Bilateral treaties are a way to protect more efficiently compatriots in other countries, as well as an efficient mechanism for better integration of minorities in all fields of social life in the territorial country. Minorities? rights stipulated in most bilateral treaties are the right to ethnic identity, linguistic rights, right to education, media rights, etc.

Sign in / Sign up

Export Citation Format

Share Document