DISCIPLINARY RESPONSIBILITY OF CREDIT INSTITUTIONS EMPLOYEES

The urgency of the research is due to existing features of implementing the institute of disciplinary responsibility in the field of labor and legal relations in credit institutions. The discipline of labor in credit institutions is developing in line with the trends characteristic of modern manufacturing process management. The general line is standardization of the manufacturing process to the extent that self-sufficient organizational forms that do not require manual control appear, following which is provided to the self-discipline of the employee (standard or matrix organizational solutions). Against the background of the ongoing changes, the issue of the employee's relative freedom and his responsibility to the employer, who no longer controls the labor process point-by-point – in the spirit of the industrial era, is raised. Despite the obvious features of labour organization for credit institutions employees, no special research has been conducted in the domestic legal science on the problems of implementing disciplinary responsibility. The author makes conclusions on the need to adopt a Labor Procedural Code, which will single out: the procedure for bringing to responsibility for misconduct committed under the conditions of the employer's current control over the quality of work and compliance with the process of its execution, as well as the specifics of bringing to responsibility for offense committed in conditions of relative freedom (without the employer's current control); forms of guilt as a mandatory sign of a disciplinary offense and the specifics of its definition if the employer's task involves an independent choice of its execution method (relative freedom of the employee); principles of proving guilt and innocence in examining the circumstances of a disciplinary offense; standardization disciplinary decisions, conditions and limits of its use; the procedure for using electronic document management in disciplinary proceedings; rules for interviewing third parties in disciplinary proceedings, rules for these persons' access to information about the state of affairs in the institution (or the entrepreneur, if he is the employer); rules for the protecting the information about disciplinary offenses, their circumstances, penalties applied.

Simplified claim proceedings: legislative regulations of the Code of Civil Procedure of Ukraine

In the process of building the rule of law, one of its most important criteria is the creation of a fair, transparent and efficient judiciary. The essential need for radical changes in the judiciary and the reform of its individual institutions is a matter of time. The main goal of judicial reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, efficient and accountable judiciary in Ukraine, which will be trusted by society. Judicial and legal reform in Ukraine is comprehensive and involves amendments to the Constitution of Ukraine, legislation on the judiciary and the status of judges, reform of related institutions (prosecutor's office, bar, law enforcement agencies), as well as improving procedural legislation and legislation governing enforcement. court decisions. In particular, the article emphasizes that legislative changes have been made to the Commercial Procedural Code of Ukraine, initiated new forms of commercial litigation, one of the forms of commercial litigation is simplified litigation, which is designed to consider minor cases, cases of minor complexity and other cases for which priority is given. quick resolution of the case. Along with the simplified procedure and procedures for litigation, the introduction of this form of litigation has revealed certain shortcomings of such regulations. Keywords: commercial litigation, insignificant cases, legislation, shortcomings, procedure

Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

PROBLEMIC ASPECTS OF THE PARTICIPATION OF THE FORENSIC EXPERT IN THE ECONOMIC COURT PROCEEDINGS

The purpose of the article is to study the problematic aspects of the participation of a forensic expert in the economic proceedings of Ukraine. The reliability of the results and conclusions obtained is provided by a combination of research methods at the general scientific and special levels. In particular, from the standpoint of the systemic-structural method, the authors clarified the specifics of the change in the status of an expert as one of the other participants in the trial after the reform of the economic procedural legislation. Using the formal-logical method, the author identifies the forms of expert participation in the business process and the mechanism for their implementation. Using the comparative legal method on examples of judicial practice, the content and correlation of the legal and procedural status of an expert in economic proceedings are revealed. It is argued that the connection, interdependence and mutual transitions of the subject link of economic proceedings of the form: expert—judicial examiner—expert-professional correspond to the categories general—special—single. The provision on the variable and periodic nature of acquiring the economic procedural status of an expert has been substantiated, the nature of the grounds for its acquisition has been classified into types of imperative, imperative blanket, dispositive, dispositive-blanket and forms of expert participation in the economic process according to the criteria of territoriality, the content of expert and procedural activities. It has been established that, in accordance with the Economic Procedural Code of Ukraine, an expert can be appointed by the court or attracted by a participant in the case, that is, act as a subject who can be entrusted with the direct examination, such persons should be considered as: a state forensic expert; private forensic expert; professional expert. It is proposed to consider it a general requirement for them to possess the special knowledge necessary to provide a reasoned and objective written opinion on the questions posed. A special requirement for forensic experts is their inclusion in the state Register of certified forensic experts. The provision on the variable nature of the acquisition of the procedural status of an expert on the initiative of other persons, which this person receives periodically and does not possess permanently—at the time of assignment (appointment or involvement) to him, to conduct and formalize the results of expert proceedings at the stages of pretrial investigation and judicial consideration of a specific economic case, has been substantiated. The article proves the provision on the dynamism of the requirements for the number of experts and the quality (class, experience, industry) of their special knowledge, which mainly depend on the type (primary, additional, repeated, commission, complex) and complexity of the examination of the case. It has been established that the mechanism for implementing the forms of participation of an expert in the economic process is of a binding nature, in which the expert acts as an obliged person regarding arrival at the court upon his summons on the basis of his own initiative or at the request of the participants in the case.

On Legal Basis of a Claim

The science of civil procedural law advances an opinion that it is necessary to distinguish between the factual and legal basis of a claim. The latter needs to be singled out, since the specific claim always results from a specific legal relationship, from the subjective right of the plaintiff to be protected. The main argument, according to A. A. Dobrovolskiy, is not the presence of the relevant norm in the law but its practical necessity to recognize these legal grounds as an integral part of a claim. However, the author here confuses two different issues: the expediency and the obligatory existence of a legal basis for the claim, although in fact these are far from identical concepts. The author also wrongfully identifies the concepts of "basis of a claim" and "basis of satisfaction of a claim", as a result of which the legal basis of a claim is always included in the basis of a claim. This position is supported by some other scientists who dealt with the problems of the claim (G. L. Osokina, O. V. Isaenkova). Meanwhile, if we consider a claim as a legal phenomenon in general, then the legal basis is indeed a necessary component of the general concept of “the basis of a claim”. However, if we turn to specific claims, then the legal basis of the claim can be either optional (Code of Civil Procedure of the RSFSR 1964) or mandatory (Code of Civil Procedure of the Russian Federation 2002). Currently, in accordance with paragraph 4, Part 2 of Art. 131 of the Civil Procedural Code of the Russian Federation, the statement of claim must indicate what constitutes the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff. The paper draws attention to the shortcomings of this norm, and thus suggests to remove it from the Civil Procedural Code of the Russian Federation. At the end of the paper, it is suggested that with the development of civil procedural legislation, reference to the norms of law in a statement of claim will become mandatory. However, the recognition by V. V. Yarkov of this provision as valid by virtue of imposing the burden of proof on the parties seems to be unreasoned.

INTERNATIONAL EXPERIENCE IN ANTI-THEFT OF CATALYTIC CONVERTERS INSTALLED IN CARS.

Recently, there has been increase in the number of property crimes in the world, including theft of external car parts. The number of thefts of catalytic converters installed in cars of various brands has sharply increased due to a significant increase in the value of precious metals such as platinum, palladium and rhodium. The reason for a sharp increase in the number of crimes of this particular car part is small amounts of the mentioned precious metals in the catalytic convertors. The purpose of this article is to consider this problem faced by law enforcement and legislative bodies in many countries and to propose certain ways for its solution. The article provides an overview of the situation with thefts of catalytic converters in the countries of the European Union, the United States and Israel. Detailed reasons for the occurrence of this problem are provided, as well as measures to protect a car from the theft are suggested. Possible legislative and investigative-forensic actions to prevent this type of crime are considered: - law enforcement agencies investigating this type of crime should clearly understand that we are not talking about isolated, unrelated cases, but about well-planned actions of criminal groups. - increase in control over purchase and sale of metal carried out without accounting and corresponding documentation and amendments to the administrative procedural code also require strengthening. - applying a special forensic marking on parts, including on a catalytic converter, will allow to track its location and provide full information to law enforcement agencies from which vehicle it was stolen in the event of its theft. - inspection and examination by a forensic expert of vehicles and other physical evidence left by criminals at crime scenes for criminals’ fingerprints and DNA profiles will help to significantly increase the detection rate of this type of crime.

APPROPRIATE PROCEDURE FOR OBTAINING EVIDENCE IN THE CRIMINAL PROCESS OF UKRAINE THROUGH THE PRISM OF COURT DECISIONS

Recently in Ukraine, the methods of obtaining evidence during the pre-trial investigation have to to be improved, both in terms of their normative consolidation and the practice of application. Ways to improve criminal procedural activity should be planned taking into consideration the analysis of judicial practice, in particular the analysis of the evaluation of evidence in court for their relevance and admissibility. The purpose of the work is to improve the receipt of evidence in the criminal process of Ukraine in an appropriate manner, which will be a guarantee of their admissibility in court. The following methods were used: comparative – legal – to compare normative – legal regulations and court decisions relating to the recognition of evidence as appropriate and admissible in a particular criminal proceeding; formal-legal – to determine the decisions of the court concerning the evaluation of evidence in criminal proceedings; methods of logical and systematic analysis – to develop an effective proposal to improve the methods of obtaining evidence during the pre-trial investigation in Ukraine. Results. It is proposed to apply rapid tests to determine the drug substance during the detention of a person. In addition, it is proposed to ammend to Part 1 of Art. 233 of the Criminal Procedural Code of Ukraine, which regulates the right to break into the house or other property of a person with the voluntary consent of the person who owns them. It is proposed to consolidate the legal status of such a consent in order to avoid ambiguity of interpretation of the concept of voluntariness in court, in particular voluntary consent should be written in the form of a statement by the person himself with the obligatory indication of the relevant object of penetration. Conclusions. The appropriate method of obtaining evidence involves compliance with the procedural order of investigative (interrogative) or procedural actions. An indication of the proper way to obtain evidence is the correct choice of a specific action or a set of actions necessary for a quality investigation of criminal proceedings.

Interrogation of minor and juvenile witnesses in criminal proceedings: Current state and prospects for improvement

The relevance of the study is determined by the need to improve the procedure for obtaining information provided by minors and juvenile witnesses during interrogation regarding the circumstances known to them in criminal proceedings at the litigation stage, while ensuring the best respect for the children's interests. The authors employed philosophical, general scientific, and special scientific methods of cognition, which allowed conducting a detailed analysis of the procedure for interrogating minor and juvenile witnesses at the litigation stage. To develop scientific proposals for improving the legislative regulation of the interrogation of minor and juvenile witnesses during the litigation, the study defined the principles of child-friendly justice that must be observed during this procedural action, as well as the guarantees stipulated by the Criminal Procedural Code of Ukraine and aimed at implementing international standards for ensuring the rights of minors in criminal proceedings. The authors of this study state that the legislative definition of requirements imposed separately on the teacher, psychologist, and doctor involved in the interrogation of minor or juvenile witnesses, as well as the procedure for involving such persons by the court and the pre-trial investigation body, would considerably improve the quality of the required aid to minor witnesses and would meet international standards. The study analyses the international practices concerning the introduction of the institution of representation in the litigation of pre-recorded testimony of minors and juvenile witnesses. The authors established that the introduction of such an institution is absolutely justified and will have an exceptionally positive effect both for minor and juvenile witnesses, as well as for the process of proof, and can be implemented in Ukrainian legislation. Scientific proposals have been developed to improve the legislative regulation of the interrogation of minor and juvenile witnesses during court proceedings

Taking of biological samples for expertise under the legislation of Ukraine and its conformity with EU standards

The analysis of investigative and judicial practice shows that some lawyers regard the refusal of a person to provide voluntarily biological samples for examination as an execution of his/her right not to testify against him/herself. Analysis of the provisions of separate Judgements of the European Court on Human Rights allows us to conclude that the physical integrity of a person is covered by the concept of “private life” protected by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and concerns the most intimate aspects of private life, and compulsory medical intervention, even insignificant, constitutes an interference with this right. Therefore, the criminalprocedural characteristic of obtaining of biological samples for expertise is given in the article. The authors analyzed and answered the questions: which particular samples should be attributed to biological ones, and whether it is possible to refuse to voluntarily granting of biological samples for examination in accordance to the realization of the right not to testify against him/herself. The possibility of obtaining of biological samples for examination from a person who is not a party to criminal proceedings or has not acquired procedural status has been considered. The article as well deals with the legality of obtaining of samples for examination before submitting information into the Unified Register of Pre-trial Investigations. The algorithm of actions of obtaining of biological samples for examination, including the compulsory order, is proposed. The following general scientific research methods were used: the dialectical method of legal phenomena, with the help of which the concept and the legal nature of biological samples for examination were studied; the comparative method – in the process of comparing the norms of the Criminal Procedural Code of Ukraine (CPC) with the norms of the European Court of Human Rights (ECHR) and decisions of the ECHR, etc.

CONCEPT, FEATURES AND TYPES OF CORPORATE DISPUTES

The article is devoted to the legal nature of corporate disputes, the study of their criteria and types. Deficiencies in cur rent definition of corporate dispute in the economic procedural legislation, as well as the lack of a single concept of corporate dispute in the legal doctrine are revealed. As a result, the problem of understanding the essence of corporate dispute and determining the jurisdiction of disputes arising from corporate relations remains crucial. It is concluded that a corporate dispute is a dispute between a legal entity of corporate type and its participant (foun der, shareholder, member), including a participant who left, related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of the legal entity. It is proposed to consolidate this definition of corporate dispute in paragraph 3 of part 1 of Art. 20 of the Economic Procedural Code of Ukraine. The key features of the corporate disputes are determined and characterized: content; special subject composition; grounds and circumstance in proof; plurality and exclusive nature of remedies in such disputes. It is established that the content of corporate dispute is corporate relations, which the legislation currently defines only through corporate rights. The necessity of complex understanding of corporate relations is substantiated and it is proposed to consider them in part 3 of Art. 167 of the Economic Code of Ukraine as relations related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of a legal entity. Based on the analysis of the features of corporate disputes, research of scientific approaches and relevant case law, the classification of such disputes is carried out. In particular, corporate disputes are proposed to be classified according to subjective, substantive criteria, as well as on the grounds of their occurrence. It is established a list of disputes that belong to corporate and distinguished them from related disputes. In order to resolve the problem of jurisdiction of disputes arising from corporate relations, it is proposed to enshrine in part 1 of Art. 20 of the Economic Procedural Code of Ukraine list of corporate disputes.