International legal and methodological support of road traffic safety: concepts and essential features

The article aims to learn about international legal and international methodological support of road traffic safety and transport operation. A number of statistical indicators, which testify to the catastrophic state of road traffic safety both in the world in general and in Ukraine in particular, are presented. The development of the definition of this concept is proposed to carry out in the classical way: by highlighting its corresponding essential features. These include: object, subject, system and purpose. The object is the sphere of road traffic of the motor transport specifically. The subjects are the international institutions (UN, WHO, World Bank, etc.) and international public associations. The system of such support is classified into eight main groups according to the sphere of regulation of the relevant legal relations within the general sector of road traffic safety. In turn, the international methodological support in this sphere is classified into seven types according to its focus. The main international conventions, resolutions and other decisions, first of all, the UN’s ones, and the international agreements forming the system of the international legal support of road traffic safety are presented. The purpose of this support is to increase road traffic safety around the world. Hence, the international legal and methodological support for road traffic safety is a set of regulations of an international nature, information materials issued with the participation of official institutions with international status, as well as international public associations aimed at ensuring traffic safety, reducing mortality and road traffic injuries in different countries of the world.

National interests of the state and the possibility of restricting the right to freedom of speech: the question of correlation

The article examines the possibility of restricting the right to freedom of speech in order to protect the national interests of the state. An analysis of normative legal acts prohibiting the dissemination of destructive information, such as calls for a violent change in the constitutional order of Ukraine, the outbreak of aggressive war, incitement to national, racial or religious hatred, etc. The right to freedom of expression is not absolute and may be limited. The article substantiates the criteria for state intervention in the information sphere, which allow limiting the dissemination of destructive information and preserving democratic values. Such criteria include the legality of the procedure, the legality of the purpose and the minimum amount of intervention. The article considers the existing mechanisms in Ukraine to respond to harmful informational influences. The law provides for liability for disseminating false information at several levels: civil, administrative and criminal. At the same time, these mechanisms are insufficient, as the concepts of «misinformation», «fake», etc. are not normatively defined. The article describes the state policy to combat destructive information influence. The bases of activity of state bodies created for the purpose of counteraction to dissemination of misinformation and propaganda are considered, namely the Center of counteraction of misinformation at Council of National Security and Defense of Ukraine and the Center of Strategic Communications and Information Security at the Ministry of Culture and Information Policy. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered.

Some questions of the history of the formation of the system of criminalistic knowledge

The article discusses the problematic issues of the historical preconditions for the formation of the system of criminalistics knowledge. Analyzed the scientific works of scientists and practitioners of law enforcement agencies regarding the system of criminalistics knowledge and criminalistics science. The importance of taking into account the historical period regarding the formation of the structure and system of criminalistics knowledge is emphasized. Systematization of criminalistics knowledge took place in several stages. Thus, one of the first to summarize and classify criminalistics knowledge was Hans Gross. Similarly, SM Tregubov and RA Reiss attempted to form a system of criminalistics knowledge in their scientific works. A. I. Vinberg and B. M. Shaver in their work argued for the need to distinguish in criminalistics science of the general and special part. In certain historical periods, different views were proposed on the formation of a system of criminalistics knowledge, which is associated with the historical development of society at that time, the state of scientific research on the detection, detection and investigation of criminal offenses. Depending on the historical stages, practitioners and scientists offered their own system of criminalistics knowledge and criminalistic science.

Ways of implementation of the national concept of the integrated organization of police activity

The analysis of the current law enforcement system allows to state the existence of certain problems related to its construction and some aspects of activity. After the administrative reforms in Ukraine, the indicators of assessing the level of public confidence in the National Police gradually began to improve, but the practice of foreign countries shows better breakthroughs in the organization of policing. Therefore, the relevance of the article is explained by the need to introduce in the national legal system a new concept of policing, which would take into account the successful experience of foreign countries and course of our country for European integration. First of all, the article is devoted to the analysis of the existing models of law enforcement systems in the world in order to determine the most favorable and effective for national law. It was found that the integrative model of organization of police activities today demonstrates the most effective indicators in the work of foreign police, so it can be considered a guide for implementation in Ukraine. Based on this, the author proposes his own definition of the term "integrated policing". The author pays special attention to the successful experience of the Baltic States and the United States in policing, in particular in the field of training highly qualified police officers, police and community cooperation in partnership, and international cooperation in exchanging experience of specialized law enforcement services. For example, the national legal system should pay attention to such development programs as the creation of port police, increasing the duration of specialized training of police officers, involving citizens in patrols on a voluntary basis, increasing the competence of local police departments. Analyzing the relevant practice of foreign countries, the author pays attention to the peculiarities of the functioning of the national law enforcement system, as well as its own achievements. In conclusion, there are several possible ways to introduce into the legislation of Ukraine the main development programs and principles of functioning of the police of foreign countries in Europe and America. The main result of the work is the design of the concept of an integrated organization of policing and the expected results from its implementation - reaching a new level in the process of European integration.

The role of international courts’ decisions in the system of sources of international financial law

The paper deals with the analysis of the legal nature of international courts’ decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of cross-border financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the parties involved in the case, and only in the current case); 2) situatedness and unprompted appearance; 3) impartiality (due to the judges’ lack of political interest); 4) authority (international courts include generally recognized experts in international law).

The legal regulation of the preliminary investigation bоdies activities according to UPK Uzbek SSR 1929

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.

The right to property and the right of trust property (on the way to recodification of the civil legislation of Ukraine)

The article examines the socio-economic background of the introduction of trust and other trust-like structures in the legislation of Ukraine. As a result of considering the history of the origin of the institution of trust and a systematic analysis of the provisions of domestic civil legislation, reasoned conclusions were formulated on the issues studied. The given short historical retrospective of attempts to introduce trust property and trust-like constructions into the legislation of Ukraine allows to state that they almost always led to "unworthy", negative social, financial and economic results. The question of the purpose of ignoring one's own negative experience of implementing trust-like structures in the domestic civil legislation is reasonable. Isn't it better, remembering the functions of the science of civil law, to draw the right conclusions from this experience and rely on them in their further law-making activities?! The article draws attention to the experience of using the construction of trust and trust property in the Anglo-American legal system (which, unlike ours, is calculated for centuries), and establishes that this legal institution in addition to legitimate purposes (which are charity, preservation of property from waste, formation of pension funds, etc.), is extremely popular as a means of achieving illegal and negative social results (for example, such as tax evasion, abuse of tax rates, concealment of property and income, legalization of property obtained as a result of committing crime, concealment of illegal funding of political parties and their leaders, etc.). It is obvious that the blind borrowing of someone else for the domestic legal system and the archaic institution of trust property will lead to the penetration into our legal reality of all its inherent shortcomings. Law is a regulator of social relations (and economic in particular). In this case, public relations are primary, and law - secondary. Only those civil law institutions properly perform the regulatory function that determines their existence, which are in demand throughout the history of economic relations and necessary for society as a prerequisite for its normal existence and development. If social relations have not developed, then is there a need to create "artificial" legal institutions or to borrow legal structures generated in the bosom of other legal systems to regulate relations that have developed in the age of feudalism?! These circumstances must be taken into account in any attempts to improve the acts of civil law, and in recodification, including. The question of the sufficiency (or insufficiency) of the socio-economic base for the introduction of the institution of trust in Ukraine should be categorized as rhetorical. Trust construction is just a legal tool. And the result of its application will depend on the quality of regulatory "material" proposed by the legislator (and he, in turn, representatives of the doctrine of civil law), on establishing the place of this legal institution in the civil law system, and creating legal barriers that minimize it use to achieve a socially negative effect.

Problems of the environmental law of the European Union

The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.

Legal Regulation of Invasive Alien Species with Regards to Climate Change in Ukraine

The present paper is devoted to the problems of legal regulation of protecting biological diversity from the harmful effects of invasive alien species (hereinafter, IAS) with regards to climate change. Taking into consideration the fact that one of the main principles of environmental protection is the preservation of spatial and species diversity, legal understanding of the interconnectedness between climate change and harmful biological influences, is of great scientific and practical significance. Notably, the protection of the environment from the adverse effects of IAS and climate change is interconnected with the conservation and sustainable use of biological resources, as stated by the provisions of the Convention on Biological Diversity (Rio de Janeiro, 1992) and its protocols and decisions. Thus, one should acknowledge that climate change and invasive alien species are not only two of the key threats to biodiversity, but are directly interrelated and can act synergistically, presenting additional pressure for conservation and sustainability. Meanwhile, current legal regulation of both, climate change and IAS is relatively new to Ukrainian legislation, mostly done by means of international legal instruments. The existing national legal acts are generally of a strategic nature and address these issues separately with few legal provisions mentioning their interconnection. The paper substantiates the need to acknowledge and legally define the interrelation between climate change and invasive alien species. Thus, the development of appropriate regulatory framework for prevention and control of IAS should be carried out with consideration of climate change issues. In turn, national environmental legislation, in particular national framework law ‘On Environmental Protection’ as well climate change policy and laws should be complemented by provisions incorporating IAS management as a tool for reducing pressure on ecological services and enhancing ecosystem resilience.

Cartesianism, argumentation, values in the context of Chaïm Perelman’s «New Rhetoric»

The article deals with the process of founding and further development of the new rhetoric, a theory of argumentation developed by the Belgian philosopher Chaïm Perelman (1912-1984) and his co-worker Lucie Olbrechts-Tyteca (1899-1987). The intellectual and philosophical backgrounds of the authors and some key characteristics of their theoretical approaches are described. The new rhetoric: (а) is primarily concerned with argument or practical reasoning, (b) suggests that figures of speech may be arguments instead of merely ornaments, (c) with its goal to influence minds, new rhetoric is a dynamic field of study, (d) it is complimentary rather than in opposition to formal reasoning. According to Perelman, the theory of argumentation conceived as a new rhetoric or dialectic, covers the whole range of discourse that aims at persuasion and conviction, whatever the audience addressed and whatever the subject matter. Perelman presents his new rhetoric as a much better form of logic than Cartesian deductive, stringent reasoning, at least where law and other values-based systems are concerned. Perelman challenged the unwholesome assumption that what we cannot know with mathematical certainly is necessarily arbitrary, irrational, and subjective. Perelman recognized "reasoned conviction" as a bridge to knowledge, although he was aware that it was a less perfect source of cognition than verified certainty. It is explained how the idea of developing the new rhetoric was born out of dissatisfaction with logical positivism or neopositivism (The Vienna Circle’s theories and ideas) and which classical and modern sources inspired the authors in developing a specific logic of value judgments that could deal with argumentation about actions, choices, decisions and without dismissing such argumentation as irrational. The rhetorical framework of the theory is expounded and an overview is provided of the key notions and concepts of Perelman’s ‘new rhetoric’ – the notions of adherence, audience (particular and universal audience), persuasion are explained. According to Perelman, the new rhetoric is based on the idea that since argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced. Рerelman's position on the difference between formal logic and argumentation is analyzed.