scholarly journals Principles of Penal Law: Content and Legal Regulation Issues

2021 ◽  
Vol 3 (13) ◽  
pp. 46-54
Author(s):  
P. V. GOLODOV ◽  

The article contains a scientific and theoretical analysis of the points of view presented in the scientific literature regarding the content and list of principles of penal law. We consider proposals on the inclusion of new principles in the penal enforcement legislation, and on modification or exclusion of existing ones. We substantiate the need to ensure comprehensive execution of criminal punishment, providing for active participation of convicts in reformation and social rehabilitation programs and adding the pedagogical (social rehabilitation) content to the process of execution of punishment. We propose to supplement penal enforcement legislation with legal mechanisms to mitigate the situation of convicts, taking into account their personal characteristics, without waiting for the final stage of execution of the sentence associated with the preparation for release.

2019 ◽  
Vol 10 (7) ◽  
pp. 2077
Author(s):  
Kateryna O. PLOTNIKOVA ◽  
Ievgeniia A. ANANIEVA ◽  
Dmytro M. OSYPOV ◽  
Victoriia O. ZAKRYNYTSKA ◽  
Natalia O. MAKSYMENKO

The research is devoted to the detailed analysis of the mechanism of legal tax regulation. The study has found that the mechanism of legal tax regulation is primarily related to the legal regulation of tax debt to ensure its proper execution. Full and timely payment of taxes or fees is meant by proper execution. The implementation of tax debt is defined both in the Basic Law of the state, where the emphasis is placed on the imperative requirement for timely payment of taxes and fees in full, and in the Tax code of Ukraine, which establishes the definition of tax debt as the taxpayer's obligation to calculate, declare and / or pay the amount of tax and fee in the manner and terms determined by the Tax code of Ukraine, customs laws. The analysis of the legislation and the scientific literature has revealed that the most important issue on taxes and fees payment regulation is the establishment of the moment from which the obligation for tax payment arises. Having rights and obligations for a person is another important factor if he becomes a participant in tax relations. The mechanism of legal tax regulation is a set of elements, which are defined in the Tax Code of Ukraine and in accordance with it are divided into basic, additional and optional. The mechanism of legal tax regulation is possible only as a set of basic and additional elements. The absence of at least one of the elements will not allow to legislate a separate tax or levy. The study provides a comprehensive analysis of each element of the tax mechanism.


2021 ◽  
pp. 119-130
Author(s):  
M. V. Romanov

The article is devoted to the study of the prisoners’ rights as an element of their legal status that can influence the determination of the purpose of the punishment. Consideration has been given to the purpose of criminal punishment under Ukrainian criminal law and the real practical possibilities of achieving this aim have been analysed. The author concludes that the existing purpose of the criminal punishment is manifest in its lack of viability, which results from the impossibility of achieving it. The article states that the current state of legal relations and the development of society require changes in the purposes of punishment and the content of penal enforcement activities. Reviewing the process of transforming the perception, purpose and means of achieving punishment in penal law, the researcher argues that the principle in this sense is to ensure and respect the legal status of the prisoners, guarantees for the protection of their rights, legitimate interests and duties. The author points out that the law seeks to ensure that the rights of convicted persons are respected, but does not define it as the purpose of punishment. It is this fact that one sees inconsistency in the legal regulation and, as a consequence, the failure to meet this requirement in the enforcement of criminal sanctions. In his work, the author argues for the need to ascertain during the enforcement of sentences the needs of prisoners, to take into account their interests and, ultimately, to ensure the rights of prisoners, to create conditions for meeting their basic needs, and, above all, security requirements. In the conclusions, the author provides a doctrinal definition of the purpose of the punishment.


Author(s):  
Denis Tikhomirov

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.


2020 ◽  
Vol 81 (6) ◽  
pp. 23-31
Author(s):  
M. I. Vasileva

The aim of the study was to investigate approaches to the formation of general educational skills. A survey examining the design and research process was carried out by 6th-grade Russian students over the course of an extracurricular project entitled «Names of Modern Professions». In the paper, the selection of the «Lexicology» section for such activities carried out by school pupils is substantiated and stages of work on the project are described. The applied methodology involves theoretical analysis of scientific literature, formative experimentation, analysis of products of educational activities, observation and description. It is concluded that the design of extracurricular research activities in the Russian language contributes to the formation of general educational competencies in conducting surveys and searching for information on the basis of subject skills.


Entropy ◽  
2021 ◽  
Vol 23 (5) ◽  
pp. 616
Author(s):  
Marek Berezowski ◽  
Marcin Lawnik

Research using chaos theory allows for a better understanding of many phenomena modeled by means of dynamical systems. The appearance of chaos in a given process can lead to very negative effects, e.g., in the construction of bridges or in systems based on chemical reactors. This problem is important, especially when in a given dynamic process there are so-called hidden attractors. In the scientific literature, we can find many works that deal with this issue from both the theoretical and practical points of view. The vast majority of these works concern multidimensional continuous systems. Our work shows these attractors in discrete systems. They can occur in Newton’s recursion and in numerical integration.


2012 ◽  
Vol 33 ◽  
Author(s):  
В. О. Лапіна

У статті здійснено аналіз різних позицій на визначення поняття «мовленнєва компетентність» у науковій літературі з лінгводидактики та психології.Ключові слова: мовленнєва компетентність/компетенція, мовна компетентність/компетенція.  Analysis of different points of view on the definition of `speech competence` in scientific literature on Linguodidactics and Psychology. Key words: speech competence/competency, language competence/competency.


2021 ◽  
Vol 10 (2) ◽  
pp. 70-80
Author(s):  
A.B. ARBEKOV ◽  

The article analyzes the events that led to the beginning of the Second Anglo-Afghan War (1878-1881). In particular, the military and political side of the Anglo-Russian conflict at the final stage of the Eastern crisis (1875-1878) is sub-jected to a more detailed study. The author examines in details a particular episode – the departure to Afghanistan in the summer of 1878 the diplomatic mission of Major-General N. G. Stoletov to conclude an alliance against England, which was accompanied with a military demon-stration of the Russian army in relation to British India. Based on the comparison of the domestic and foreign researcher’s points of view, as well as by involving various groups of historical sources, an attempt is made to give an objective assessment of these events and to identify their influence on the genesis of the second Anglo-Afghan war, which became a natural consequence of the Anglo-Russian rivalry in the East at the end of the XIX century.


Author(s):  
Г. М. Нечаєва

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.


Author(s):  
Olga Shcherbakova ◽  
Anna Tatarinceva

The levels of conflictological culture of pedagogues and engineers, the peculiarities of its formation as well as the comparison of the conflictological culture’s levels among representatives of these specialties on the base of their gender and work experience are analyzed in the proposed research. Each specialist owns a certain level of the conflictological culture’s development and he/she expresses it in a professional environment. The relevance of the research’s theme is caused by the necessity to improve conflictological culture of specialists for their further successful activities. The Aim of the research is the identification of differences in the levels’ formation of specialists’ conflictological culture by the example of pedagogues and engineers and the influence of such a characteristic as a gender and work experience  on it. The Object of the research is the process of forming conflictological culture of pedagogues and engineers. The Methods of the research are the following:1. the theoretical analysis of scientific literature on the given problem;2.the empirical analysis of obtained data reflected the level’s formation of pedagogues and engineers. 


Author(s):  
N. M. Bieliaieva ◽  
O. B. Yavorovenko ◽  
I. V. Kurylenko ◽  
L. V. Prysiazhniuk ◽  
O. V. Dziuniak ◽  
...  

The urgency of the problem is due to the significant increase in recent years in the number of young and middle-aged people who have passed the war, the need to develop adequate measures of social assistance and protection. An important task in the organization of the rehabilitation process is to determine the structure of the needs of servicemen with disabilities in various types of medical and social care and the development of individual rehabilitation programs (IRP) based on them. The purpose of the study: to determine the structure of the needs of servicemen with disabilities in medical and social rehabilitation depending on the severity of disability. Statistical data from 25 administrative territories of Ukraine for 2018 are analyzed, the needs of participants of military service with disabilities in medical and social rehabilitation measures, their structure are calculated. The data of the information base of the centers and the bureau of medical and social examination of the regions were used. Processing of the primary material was performed using the universal statistical package "Excel". In 2018, medical and social expert commissions (MSEC) of Ukraine for the first time and re-certified and recognized persons with disabilities 7843 combatants. Of these, disability of group I (IA and IB) was established in 2.6 %, II – in 29.2 %, III – in 68.2 % of cases. All victims for MSEC were formed IRP. The dependence of the needs of combatants in medical and social rehabilitation measures on the severity of disability has been established. For persons with disabilities of groups II and III, priority is given to medical and professional rehabilitation, group I – social rehabilitation and technical means of rehabilitation with medical support. Of the medical rehabilitation services for persons with II and III groups of disability, sanatorium treatment is significant, and group I – rehabilitation therapy. Among vocational rehabilitation services, employment in production conditions is important – for persons with group III disabilities, in specially created conditions – for persons with group II disabilities, at home – for persons with group I disabilities. Vocational training was offered to a small number of people with disabilities of all groups. Among social rehabilitation services and technical means of rehabilitation, the services of social workers of territorial social service centers were significant for representatives of all disability groups, simpler means of transportation for persons of group III disability and more complex means for persons of group I. Determining the characteristics of the needs of servicemen with disabilities depending on its severity allows MSEC specialists to better form the IRP, develop targeted rehabilitation programs at the regional level, assess shortcomings in the organization of the rehabilitation process and build a rehabilitation system for combatants.


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