Prospects for the Implementation of Transitional Justice in Ukraine

The study examines the features of transitional justice. The author gives definitions and goals of this concept. As it was noted by the scientists Ovcharenko and Shcherbaniuk, transitional justice includes judicial and extrajudicial mechanisms, such as prosecution, compensation, truth commissions, institutional transformations, and a combination of the above. For the first time, the content, main elements, and mechanisms of transitional justice are described in detail, which is considered in the context of the simultaneous transformation of Ukrainian society from an authoritarian past to a democratic present and from military conflict to post-conflict. Referring to Arkadiy Bushchenko (2017) transitional justice, as a model of society's transition from authoritarian to democratic, and from armed conflict to post-conflict, is currently the most modern approach to solving the problems that Ukraine has been dealing with since the end of 2013. Therefore, given this understanding, there is a prospect of developing a national legal model for the implementation of the basic principles of transitional justice. With the ultimate goal of the process of reconciliation in society, the concept of transitional justice involves the simultaneous operation of the state in four areas: effective criminal prosecutions, reparations, institutional reforms, and official statement of historical truth.

Value and Regulatory Foundations for Digital Transformation of Modern Social Relations: Theological and Conservative Legal Aspects

This paper examines the value-normative transformation of the modern social system and analyzes the impact of digitalization processes on social relations and their development. The content of the article substantively analyzes the key areas of digitalization of social relations; the authors mark out in each of these areas positive and negative effects on the sustainable development of the socio-cultural integrity of society. The empirical material used in this work includes expert assessments and analytical materials related to the digital transformation of traditional religious systems and the value-normative foundations of society. The research perspectives presented in this paper evaluate and interpret all the events and processes under consideration from the conservative legal point of view, from the standpoint of the significance of the socio-cultural environment, sustainable traditional institutions and values for coding and predicting the digital transformation of society in the 21st century. In the conclusion of the study, the authors substantiate the adequacy of the doctrinal and legal model of society’s development called “digital etatism” from the perspective of ensuring stable socio-cultural development and the integrity of the social system.

Value and Regulatory Foundations for Digital Transformation of Modern Social Relations: Theological and Conservative Legal Aspects

This paper examines the value-normative transformation of the modern social system and analyzes the impact of digitalization processes on social relations and their development. The content of the article substantively analyzes the key areas of digitalization of social relations; the authors mark out in each of these areas positive and negative effects on the sustainable development of the socio-cultural integrity of society. The empirical material used in this work includes expert assessments and analytical materials related to the digital transformation of traditional religious systems and the value-normative foundations of society. The research perspectives presented in this paper evaluate and interpret all the events and processes under consideration from the conservative legal point of view, from the standpoint of the significance of the socio-cultural environment, sustainable traditional institutions and values for coding and predicting the digital transformation of society in the 21st century. In the conclusion of the study, the authors substantiate the adequacy of the doctrinal and legal model of society’s development called “digital etatism” from the perspective of ensuring stable socio-cultural development and the integrity of the social system.

CONCEPTUAL ASPECTS OF THE FORMATION OF THE LEGAL MODEL OF SUSTAINABLE DEVELOPMENT OF UKRAINE

It has been found that the methodological principles of building a legal model of sustainable development of Ukraine remain imperfect. In this regard, it is argued that the basis of the legal model, first of all, shall be assigned general and sectoral legal principles that will create the theoretical base of normative activity. In particular, it has to be that the Rule of Law principle has a particularly specific content and acquires signs of a particular legal instrument in the process of law-making and law enforcement. Accordingly, the use of the Rule of Law principle in the process of assessing the efficiency of legal norms is proposed, which will talk about promoting the legal act of the ideology of justice. It is necessary to unacceptable laying into the legal model of sustainable development of the false concept of legal regulation of economic relations, which provides for the exclusion from the legal system of the state of certain branches of legislation, in particular economic legislation. It is substantiated that the Economic Code of Ukraine is the basis for achieving the goals of sustainable development on the economic component and synergistic associated with other acts of Ukrainian legislation in the environmental and social spheres. In this regard, it is argued that the effectiveness of the legal model of sustainable development will be significantly higher, subject to preservation in the legal system of the Economic Code of Ukraine, which will additionally testify to compliance with the Rule of Law principle. It is emphasized that in the light of the adaptation of Ukrainian legislation, including economic, to the EU Law and the signing of the Association Agreement between Ukraine and the EU, the influence of international legal norms on the state and directions of development of individual institutions of Economic law, which contributes to the universalization of the legal model of the steady the state's development.

The Eurasian Technology Platforms As Attractors of Scientific, Technological and Industrial Integration Within the EAEU: The Analysis of the Legal Framework

Introduction: in the context of expanding and deepening the cooperation between the EAEU member states in the field of science, technology, and innovation, which is provided for in the Strategic Directions for the Development of the Eurasian Economic Integration until 2025, the importance of improving the legal regulation of such joint innovation and infrastructure facilities as the Eurasian Technology Platforms (ETP) is increasing. The purpose of the study is to develop a comprehensive conceptual understanding of the purpose of the legal regulation of the ETP at the level of Union law in terms of the legal model used. The objectives of the study are 1) to establish the correlation of the structure of the legal foundations of the ETP with the structure of Union law; 2) to undertake a systematic analysis of the scale of consolidation of the normative legal provisions in the sources of Union law that have different legal force; 3) to predict the development of the legal foundations of the ETP. Methods: the general scientific methods (system, structural and functional), the specific scientific methods (comparative-legal, dogmatic legal). Results: the classification of the legal bases of the scientific and technological integration of the EAEU member states based on the ETP is proposed. Conclusions: further development of the legal foundations of the functioning of the ETP will involve following their established legal model while simultaneously developing it in the direction of combining the expansion of the international treaty provisions and the expansion of the provisions of the regulatory legal acts of the Union bodies, as well as the inclusion of the provisions on interaction within the ETP into interstate programs.

Can the Fight Against Crime Act as a Paradigm for the Legal Model of the Prosecutor's Activity?

The prosecutor plays a special role in counteracting crime, being the public officer whom the state made responsible for coordinating the activities of all law enforcement bodies, as well as for the legality and validity of criminal prosecution against persons who committed crimes. Today, alongside the legal model of the prosecutor’s activity provided for in the Criminal Procedure Code of the Russian Federation according to which the prosecutor performs the function of criminal prosecution nominally and is, in fact, removed from the participation in the pre-trial stages of the criminal process, there has also developed a rather autonomous real-life model of the prosecutor’s activities. In practice, the prosecutor still has an opportunity to influence the decisions regarding the initiation of a criminal case and indictment at the stage of preliminary investigation. The study of a prosecutor’s participation in the pre-trial proceedings, a survey of prosecutors, investigators and inquiry offices made it possible to conclude that rights and legal interests of the participants in the process are often sacrificed for the sake of indicators of the effectiveness of criminal prosecution and crime solving rates. The authors analyze the causes of this situation and reveal the drawbacks in the current normative model of the prosecutor’s activity. This analysis allowed them to conclude that there should be no conflict between such determinants of a prosecutor’s activity as counteracting crime and ensuring the rights of the participants of criminal proceedings if the legal model of the prosecutor’s activity is well-considered and carefully drawn. The lawmakers should see their task in finding a reasonable and clear balance between the abovementioned values; the absence of such a balance will inevitably result in a repressive approach to crime counteraction, which is absolutely unacceptable for the modern legal state. The authors describe the factors which, if taken into account, will make it possible to eliminate key problems of the legal model of the prosecutor’s work as well as the distortions and errors in its enforcement. They make a number of suggestions aimed at designing a model of the prosecutor’s activities that would contribute to effective crime counteraction without violations against rights and legal interests of persons in the sphere of criminal proceedings.

Organizational and legal model of religious education in modern-day Russia and its relation to historical pedagogic traditions

Researched are modern organizational and legal model of religious education in Russia in relation to historical pedagogic traditions. Such conclusions are given in three aspects: organization forms of education, attitude to education, tendency of the development of education. Emphasis is made on the significance of faith-based educational organizations in the development of professional education; particular consideration is given to country-wide confession dialogue in the development of education, as well as the balance of secular and religious principles in educational environment. Characteristic of a modern organizational and legal model of religious education in Russia is given with due regard for the legislation on the freedom of thought, conscience and religion, educational legislation and international legal standards of human rights.

Features of the Constitutional Legal Model of Legal Proceedings in the Russian Federation

The article analyzes the features of the process of constitutional proceedings, as one of the subtypes of legal proceedings in the Russian Federation, in addition, the comparative features of constitutional proceedings with the peculiarities of proceedings in civil, criminal and administrative cases are considered and a comparative characteristic of these processes is carried out.

Barriers to Abortion in the Autonomy-Based Danish Legal Model

In 2016, the Committee on Economic, Social and Cultural Rights adopted General Comment 22 on the right to sexual and reproductive health, which affirmed that states are obliged to adopt “appropriate legislative measures” to achieve the full realization of sexual and reproductive health and rights. It affirmed that the right to sexual and reproductive health is an integral part of the right to health and recognizes abortion services as a component part of the right to health. While a liberal legislation is in itself a step towards the realization of this obligation, in this article we explore a number of potential barriers to abortion access in an autonomy-based legal model using the Danish legal model as the case study.

Modernization of Bail as a Component of Criminal Procedure Restraint in Russia and Abroad

Measures of criminal procedure compulsion should, in the first place, ensure the enforcement of criminal procedure on a criminal case, i.e. prevent the suspect or the accused person from going into hiding, committing a new crime, continuing criminal activities, influencing in any way other participants of the criminal process or the proceedings. The Criminal Procedure Code of the Russian Federation foresees bail as one of preventive measure alternative to detention. Bail is not often used in the Russian Federation. According to statistical data from the Court Department of the Supreme Court for the last five years, the number of bails in Russia is negligibly small compared to other preventive measures. On April 18, 2018, the federal law № 72-ФЗ was enacted to change this situation; it did not only introduce changes in the existing preventive measures, but added a new measure prohibiting the performance of certain actions. Such a component of the restriction measure under consideration as the object of bail was examined for the first time in the light of a radical renewal of the existing legal model through the development of an alternative, principally new concept based on the economic interests of the subject of criminal procedure relations which borrowed its key features from the institutes of civil and financial law. It is difficult to notice the impact of this improvement in practice. When bail was chosen as a restrictive measure, the number of cases not only stayed at the same level, but even went down. Due to this, it is relevant to research an opportunity of combining bail with the preventive measure of prohibiting certain actions. A comprehensive research of bail in Russian and foreign law allowed the authors to formulate recommendations on possible improvements in the mechanism of legal regulation of bail in modern criminal court procedure. It is suggested that a number of gaps in legislation should be bridged, specifically, the list of goals of bail included in the law should be changed and the existing goal of preventing new crimes should be supplemented by the following phrase: «Preventing the accused (the suspect) from continuing the crime that began earlier or committing a new crime». It is also suggested that Part 2.1 should be introduced in Art. 106 of the Criminal Procedure Code of the Russian Federation, which will make it possible to use bail to compensate for the material damage inflicted by the crime in case of a guilty verdict. The authors believe that it is necessary to improve the effectiveness of such a preventive measure as bail in the Russian Federation, thus reducing the number of cases when incarceration was chosen as a restriction measure for crimes of small and medium gravity.