scholarly journals Systemic approach to the choice of optical methods of forensic examination of micro-objects

2021 ◽  
Vol 39 (69) ◽  
pp. 564-580
Author(s):  
Liudmyla Havryliuk ◽  
Valentyna Drozd ◽  
Olena Nenia ◽  
Anatolii Kyslyi ◽  
Andrii Niebytov
Keyword(s):  
Systematic Approach ◽  
Systemic Approach ◽  
Optical Methods ◽  
Structural Method ◽  
Systematic Analysis ◽  
Holistic View ◽  
Legal Method ◽  
Logical Method ◽  
Examination Methods ◽  
Definition Of

The aim of the article is to analyze theoretical and methodological provisions related to the definition of directions and principles of implementation of a systematic approach to the use of optical research methods, in particular micro-objects. Subject of research is substantiation and formulation of the classification characteristics of such systematic approach, considering the requirements of forensic techniques. Methodology: The study applies such methods of scientific knowledge as dialectical method, system and structural method, logic and legal method, methods of systematic analysis, logical method. Research results: The article studies the problematic issues of a systematic approach to the choice of scientific and technical methods and means for micro-object examination. Practical consequences: The authors argue that optical methods of the micro-object examination require classifying and systematizing to provide a holistic view of their potentials, as well as the nature of the information that can be obtained about the object being examined. Value / originality: The analysis of clarified classification characteristics and requirements for examination methods in forensic science enables to propose the algorithm of the systemic approach to the creation of the open system classification of methods of micro-object examination and to make justified conclusions.

scholarly journals Nepotism, favoritism and cronyism as a source of conflict of interest: corruption or not?

2020 ◽  
Vol 9 (29) ◽  
pp. 163-169
Author(s):  
Anna Tytko ◽  
Mykhailo Smokovych ◽  
Yuliia Dorokhina ◽  
Olena Chernezhenko ◽  
Serhii Stremenovskyi
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Business Environment ◽  
Structural Method ◽  
Systematic Analysis ◽  
Family Ties ◽  
Logical Connection ◽  
Legal Method ◽  
Logical Method ◽  
Pros And Cons

The purpose of the article is to analyze the concepts of “nepotism”, “favoritism” and “cronyism” as the forms of conflict of interest, as well as to identify the relationship between the dissemination of these phenomena in the context of conflict of interest and the determinants of the latter. Methodology. Taking into account the purpose of the article, the links between the corruption and nepotism, cronyism, favoritism as forms of conflict of interest have been defined based on the method of a systematic analysis. The logical method, as well as comparative and legal method helped to analyze the concepts of “nepotism”, “сronуіsm”, “favoritism” and “clientelism”. The method of induction and deduction enabled to distinguish the key features of favoritism, cronyism, and nepotism. The method of hermeneutics allowed to interpret the above concepts through the prism of the features of corruption. The system and structural method made it possible to make a logical connection between the conflict of interest and the manifestation of favoritism, nepotism and cronyism. The legal modeling method was helpful in drawing conclusions of the research. The results of the study. The pros and cons of using family ties and friendly relations, depending on the scope of nepotism, favoritism and cronyism have been identified as a result of a study. The connection between these phenomena and the spread of conflicts of interest in the public service has been examined. Practical implications. An attempt to identify favoritism, nepotism and cronyism as the form of conflict of interest has been made, as well as some recommendations to amend the relevant legal acts have been provided. Value / originality. For the first time, the authors examined the possibility of having positive results from using nepotism, cronyism and favoritism in forming business environment.

scholarly journals High Anti-Corruption Court of Ukraine: the peculiarities of establishment and the first results

2020 ◽  
Vol 9 (29) ◽  
pp. 170-178
Author(s):  
Oleksii Drozd ◽  
Yaroslav Nykytiuk ◽  
Liliia Dorofeieva ◽  
Olha Andriiko ◽  
Serhii Sabluk
Keyword(s):  
Comparative Method ◽  
Synthesis Method ◽  
Structural Method ◽  
Systematic Analysis ◽  
Holistic View ◽  
Historical Method ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
First Results ◽  
High Level

The purpose of the article is to analyze the peculiarities of establishment of the High Anti-Corruption Court of Ukraine (HACC) and to consider the first results of its work. Methodology. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on corruption and its features, as well as the ways, in which it can be manifested. The logical-semantic method was used to establish the meaning of the term “corruption”. The historical method was useful in studying the history of the establishment of the HACC. The comparative method was used when analyzing Ukrainian legal acts, which regulate the issue under consideration, as well as scientific views on the topic. The system and structural method was applied to determine the institutional features of the HACC. The method of systematic analysis made it possible to identify the operational characteristics of this agency. The legal modeling method was helpful in drawing conclusions of the research. The results of the study. The high level of corruption of Ukraine has led to the need to find the ways to counteract it. To that end, the system of bodies of pre-trial investigation and prosecution of high-ranking officials for corruption offenses has been created over the last three years. The establishment of the HACC was the final stage of this reform. Practical implications. Since the international experience in establishing anti-corruption courts is quite controversial, it was found that many scholars are skeptical about the ability of the HACC to reduce corruption in Ukraine. So, the list of arguments for and against the operation of HACC in Ukraine was comprehensively reviewed. Value / originality. As a result of the research, the authors identified both the shortcomings and the benefits of the work of Ukrainian anti-corruption court.

scholarly journals THE CIVIL LAW NATURE OF ELECTRONIC MONEY

2020 ◽  
Vol 6 (1) ◽  
pp. 100
Author(s):  
Liudmyla Panova ◽  
Vitalii Makhinchuk
Keyword(s):  
Practical Implication ◽  
Comparative Method ◽  
Civil Law ◽  
Synthesis Method ◽  
Electronic Money ◽  
Holistic View ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Definition Of ◽  
The Right

The purpose of the article is to examine the civil law nature of electronic money. The subject of the research is the features of the civil law nature of electronic money. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on electronic money, their features and legal nature. The logical-semantic method was used to establish the meaning of the concepts “electronic money”, “non-cash money”, “payment instrument”, “electronic payment instrument”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method was applied to formulate the author’s definition of the term “electronic money”. Results. The article generalizes scientific views on the civil law nature of electronic money. A distinction has been made between electronic money and currency unit, non-cash money and the right to claim. As the result it has been established that electronic money is the monetary obligation. Practical implication. The study should assist in developing the unified approach to the issue of the civil law nature of electronic money. Value/originality. As the result of the study the author’s definition of the concept “electronic money” with regard to its civil law nature has been proposed.

scholarly journals Contemporary forms and methods of counteracting narcotization of the youth

2020 ◽  
Vol 9 (28) ◽  
pp. 377-385
Author(s):  
Anatoliy Trokhymovych Komziuk ◽  
Ruslan Semenovych Orlovskyi ◽  
Bohdan Mykhailovich Orlovskyi ◽  
Taisa Vasylivna Rodionova
Keyword(s):  
Law Enforcement ◽  
Developed Countries ◽  
Law Enforcement Agencies ◽  
Lower Efficiency ◽  
Systematic Analysis ◽  
Legal Method ◽  
The Developed Countries ◽  
Definition Of ◽  
Major Factors ◽  
Preventive Methods

The purpose of the paper is to examine the most efficient forms and methods of counteracting narcotization in society, especially of the youth, and also to characterize the most important factors of the proliferation of narcotization. The authors used the following methods in the research: dialectical, dogmatic, method of systematic analysis and comparative-legal method. The paper analyses forms and methods of counteracting narcotization of the youth in Ukraine and worldwide. It elaborates the definition of the following terms: “narcotization”, “counteracting narcotization”, “forms of counteracting narcotization” and “methods of counteracting narcotization”. It ascertains that emerging and proliferation of narcotization has a direct correlation with the complex of social factors, each one of them obtained a specific characteristic. Besides analyzing the major factors of emergence and proliferation of narcotization of the youth, the paper gives particular attention to defining forms, methods and means of counteracting this socially harmful phenomenon. The paper studies positive experience in regard to activities of law enforcement agencies of the developed countries in the sphere of counteracting narcotization, including narcotization of the youth. It emphasizes that coercive methods of reducing narcotization have much lower efficiency compared to preventive methods that are generally more humane and economically efficient. The paper formulates the conclusion about the necessity of ongoing engagement of the community in counteracting narcotization of society, especially of the youth.

scholarly journals IMPLEMENTATION OF INTERNATIONAL COMMITMENTS UNDERTAKEN MEMBER STATES WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION

2017 ◽  
Vol 3 (3) ◽  
pp. 109-118
Author(s):  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
International Organizations ◽  
Structural Method ◽  
Legal Analysis ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Logical Method ◽  
International Obligations ◽  
Economic Union

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including the Eurasian Economic Union.

scholarly journals FINANCIAL AND ECONOMIC BASES OF THE FUNCTIONING OF STATE EXECUTIVE BODIES: PAST, PRESENT AND PROSPECTS OF IMPROVEMENT

2019 ◽  
Vol 5 (1) ◽  
pp. 126
Author(s):  
Oleksandr Mykolenko ◽  
Iryna Lychenko ◽  
Olena Klymiuk
Keyword(s):  
Executive Branch ◽  
Administrative Reform ◽  
Structural Method ◽  
Legal Regulations ◽  
Negative Effects ◽  
Scientific Methods ◽  
Legal Method ◽  
History Of ◽  
State Of Affairs ◽  
Definition Of

The aim of the article is to analyse legal regulations and perspectives available in the specialized literature concerning financial and economic bases of the functioning of state executive bodies, which should be strengthened and formed according to one of the areas of administrative reform in Ukraine. The subject of the study is financial and economic bases of the functioning of state executive bodies: past, present, and prospects of improvement. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to analyse the legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies. The comparative legal method was used to improve the system of executive bodies and their authorities’ exercise. The system-structural method enabled to consider and identify the most negative effects of the insufficient financing of executive branch activities and the exercise of their authorities. The methods of grouping and classifying were the basis for the author’s approach to the identification of forms of financing state executive bodies. The technical legal method enabled to interrogate the state of affairs in financial and economic bases of the functioning of state executive bodies. The results of the study enabled to highlight the drivers of the improvement of forms of financing state executive bodies. Practical implications. In the study, scientific sources and legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies are interrogated. The article highlights that strengthening and forming new financial and economic bases of the functioning of state executive bodies have been provided for by one of the areas of the Concepts of Administrative Reform, which nowadays is implemented both at the legislative and law enforcement levels. It was concluded that the formation of new financial and economic bases of the functioning of state executive bodies failed. There is only modelling of certain forms of financing of state executive bodies, familiar to the history of the origin and development of these bodies. Therefore, financial and economic bases of the functioning of state executive bodies should be interrogated by representatives of both administrative and financial law not only from a historical perspective or from a modern perspective but also with a view to the future. Relevance/originality. The original author’s approach to the definition of financial and economic bases of the functioning of state executive bodies is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals THE PROBLEMS OF DEFINITION OF THE ABETTING IN THE COMISSION OF THE OFFENCES INVOLVING THREATS TO PUBLIC HEALTH (PART 1 OF ARTICLE 9 OF THE COUNCIL OF EUROPE CONVENTION ON THE COUNTERFEITING OF MEDICAL PRODUCTS AND SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH)

2021 ◽  
Vol 74 (11) ◽  
pp. 2912-2915
Author(s):  
Pavlo S. Berzin ◽  
Ivan S. Demchenko ◽  
Anzhela B. Berzina
Keyword(s):  
Public Health ◽  
Criminal Code ◽  
Structural Method ◽  
Council Of Europe ◽  
Legal Method ◽  
Criminal Offenses ◽  
Adequate Understanding ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation

The aim: based on the features of the notion of “abetting the commission of crimes established in accordance with the Convention” provided for in Part 1 of Art. 9 of the Medicrime Convention, it is necessary to offer an adequate understanding of the notion of “abetting” and define the types of criminal offenses (crimes) that are the “subject” of such abetting. Materials and methods: the research is based on an analysis of the provisions of the Medicrime Convention and the criminal law of Ukraine. The following methods were used: dialectical method; hermeneutic method; systemic-and-structural method; and comparative-legal method. Results: at the legislative level, there is a problem of designating the relevant socio-legal phenomena with adequate concepts and interpretations of these concepts. In the current criminal legislation of Ukraine, there is no definition of the concept of “abetting”, which is used in Part 1 of Art. 9 of the Medicrime Convention. Therefore, in the implementation of the requirements provided for in Part 1 of Art. 9 of the Medicrime Convention, each Party takes the necessary legislative and other measures to recognize abetting in committing any crimes, established under this Convention, as a crime, therefore we should take into account the existence of two alternative ways to explain the meaning of “abetting”: 1) to recognize at the legislative level that “abetting” and “incitement” are synonyms, and therefore the meaning of the term “abetting” can be explained by using the term “inclination”; 2) to recognize at the legislative level that the concept of “abetting” has a meaning different from the concept of “incitement”, and covers not only “inclination”, but also “coercion”, “motivation” and “encouragement”. Conclusions: the main disadvantage of using the concept of “abetting” in the text of the Ukrainian translation of the Medicrime Convention is that without an independent explanation of this concept at the legislative level, its content should be determined depending on the meaning of the term “inciter” under Part 4 of Art. 27 of the Criminal Code of Ukraine), and means inciting a person to commit any of the crimes specified in the Medicrime Convention.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals FINANCIAL OFFENSES IN THE CIRCULATION OF MEDICINES IN THE CONTEXT OF GLOBALIZATION

2019 ◽  
Vol 4 (5) ◽  
pp. 140
Author(s):  
Oksana Kuzmenko ◽  
Tetiana Matselyk ◽  
Viktoriia Chorna
Keyword(s):  
Drug Trafficking ◽  
Legal Regulation ◽  
Pharmaceutical Market ◽  
Structural Method ◽  
Negative Effects ◽  
Legal Principles ◽  
Legal Method ◽  
State Of Affairs ◽  
Definition Of ◽  
Key Aspects

The aim of the article is to study theoretical legal principles of financial offenses in the circulation of medicines in the context of globalization. The subject of the study is financial offenses in the circulation of medicines in the context of globalization. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the challenges of the circulation of medicines in Ukraine. The comparative legal method enabled to compare doctrinal approaches to the differentiation of medicinal products in the pharmaceutical market in Ukraine and the EU as a whole. The system-structural method contributed to the consideration and identification of the most negative effects of the shadow circulation of medications on the Ukrainian economy. The methods of grouping and classifying were the basis for the author’s approach to the identification of types of trafficking in medicines in Ukraine. The technical legal method enabled to interrogate the state of affairs in the regulatory and legal regulation of the national system of the pharmaceutical market of Ukraine and highlight the problematic issues of drug trafficking in the pharmaceutical market of Ukraine, as well as the negative trends in increasing the total medication circulation in the shadow pharmaceutical market. The results of the study enabled to highlight the drivers of the prosperity of drug trafficking in the pharmaceutical market in Ukraine. Practical implications. In the study: first, the key aspects of the definition of the concept and types of financial offenses in the circulation of medicines are outlined; second, the challenges of detection of financial offenses in the circulation of medicines in Ukraine are underlined, and scientific approaches to certain financial and legal challenges of detection, available in the special literature, are analysed and compared; third, the author’s original perspective concerning potential solutions to the challenges of detection of financial offenses in the circulation of medicines in Ukraine is substantiated. Relevance/originality. The original author’s approach to the definition of the concept, types, and challenges of detection of financial offenses in the circulation of medicines is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals AUDIT AS A FORM OF CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 31 ◽  
Author(s):  
Ihor Bohdaniuk ◽  
Vladyslav Kolisnichenko ◽  
Olena Ustymenko
Keyword(s):  
The State ◽  
Structural Method ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The aim of the article is to review the audit as a form of control of the State Financial Inspection of Ukraine and to analyse its forms and types. The subject of the study is the audit as a form of control of the State Financial Inspection of Ukraine. Research methodology. The research is based on the use of general scientific and specialscientific methods and techniques of scientific knowledge. The dialectical method made it possible to investigate the definition of the audit as a form of control of the State Financial Inspection of Ukraine and the procedure for its appointment. The comparative legal method was used in order to compare doctrinal approaches to this issue. Interpretation of the content of normative legal acts of domestic legislation was carried out with the help of the normative-dogmatic method. These acts regulate the problem of appointment and conduction of the audit. The system-structural method was used for the study of the audit institution as a whole (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some parts of this institute to formulate further conclusions about its most optimal functioning. Practical impact. The analysis of types of audits, as well as their characteristic features, helped to develop recommendations for improving the procedure for conducting audits by the State Financial Inspection of Ukraine, as well as to identify problematic issues that require further consideration and research. Correlation/originality. In the research, there was made a proposal about audits, which are carried out by the State Financial Inspection of Ukraine and its territorial bodies. The proposal was to make them a form of forecasting control. It was recommended to qualify the fact of prevention the officials of the controlling body from carrying out the audit, checking or not providing the necessary documents for audit and verification as an administrative offense. A special attention was paid to the timeliness of the selection of explanations from the involved persons during the detection of offenses.

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