International scientific journal Internauka
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Published By Internauka

2520-2065, 2520-2057

Author(s):  
Yuriy Tyrkalo ◽  

Based on the study of theory and practice, the article reveals issues related to methods and algorithm for assessing entrepreneurial risks, as well as presents the relevant conclusions and proposals in this direction, in particular: the choice of tools for assessing (methods and algorithm) of entrepreneurial risks with proper normative and legal regulation is an important stage in the process of entrepreneurial risk management, where quantitative assessment of entrepreneurial risk is in addition to qualitative.


Author(s):  
Mariana Khmyz ◽  

Based on the study of the theory and research of the judicial practice of Ukraine, the article reveals some aspects of public control of the judiciary as a way to restore public confidence in courts and judges. On the basis of this, the corresponding conclusions were formulated.


Author(s):  
Mariana Khmyz ◽  

Based on the study and generalization of the judicial practice of Ukraine, the article reveals the features of assessing the effectiveness of the courts, presents a system of criteria and indicators of the effectiveness of legal proceedings, which will contribute to the creation of a perfect judicial system, and on the basis of this formulated the appropriate conclusions.


Author(s):  
Mariana Khmyz ◽  

Based on the study and generalization of the judicial practice of Ukraine, the article presents the results of the study (general theoretical aspects) related to the principle of justice of the judiciary, and on this basis the relevant conclusions are made.


Author(s):  
Mariana Khmyz ◽  

Based on the study and generalization of the judicial practice of Ukraine, the article reveals topical issues related to professional development of professional judges of Ukraine, and on this basis the relevant conclusions are formulated.


Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vasyl Khmyz ◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
...  

The article reveals the features of the constitutional and legal status of the Supreme Court as a court of law in Ukraine. It has been established that the constitutional and legal status of the Supreme Court is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges» and the Code of Administrative Procedure of Ukraine. Analysis of the legislation allows us to note that the Supreme Court is the highest court in the judicial system in Ukraine. The composition of the Supreme Court is formed by the Grand Chamber of the Supreme Court, the Administrative Cassation Court, the Criminal Cassation Court and the Civil Cassation Court. It has been established that the President of the Supreme Court is elected to office, and also dismissed from office based on the results of a secret ballot held by the Plenum of the Supreme Court. The constitutional and legal status of the Supreme Court makes it possible to single out such basic functions of the Supreme Court as: the function of administering justice, during which the Supreme Court acts as a court of cassation; the function of analyzing judicial statistics, as well as summarizing judicial practice; the function of providing conclusions on draft legislative acts directly related to the judicial system; the function of providing an opinion on the presence or absence of signs of committing high treason or other crime in the acts for which charges are brought against the President of Ukraine, for committing high treason or other crime; the function of providing appellate and local courts with proper methodological information on law enforcement issues, etc. It has been determined that the professional activity of the Supreme Court contributes to ensuring the observance of the principle of equality of all before the law and requires ensuring at the same time the achievement of the unity of judicial practice. It is noted that the prospects for further research in this direction are the study of the legal status of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, the main function of which is to ensure the supremacy of the Constitution of Ukraine.


Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vitaliy Hudyma ◽  
Mariana Khmyz ◽  
Valentyn Liubarskyi ◽  
...  

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.


Author(s):  
Mariana Khmyz ◽  

Based on the study of the theory and research of the judicial practice of Ukraine, the article reveals some aspects regarding public confidence in the court as an indicator of the effectiveness of the judiciary, and on the basis of this, the appropriate conclusions are formulated.


Author(s):  
Serhii Slinko ◽  
◽  
Ruslan Skrynkovskyy ◽  
Vitaliy Hudyma ◽  
Svitlana Hlushchenko ◽  
...  

The article reveals the features of ensuring the personal safety of judges in Ukraine. An analysis of the main normative documents related to ensuring the personal safety of judges in Ukraine is presented. It is determined that judges, as court employees, have the right to demand and receive assistance for personal protection, as well as protection of their property and housing by the relevant law enforcement agencies and other state bodies. It was found that ensuring the personal safety of judges is the duty and task of the Judicial Protection Service, a special unit of the National Police of Ukraine, the State Emergency Service of Ukraine, the National Guard of Ukraine. It is established that for encroachment on the life of judges, their health, destruction or damage to their property, threats in the form of murder, violence or damage to property, insult or slander, encroachment on the life and health of their families, threats in the form of their murder, violence or damage to their property, their insults or slander related to the administration of justice by judges, there is a legal liability provided by law. It is noted that the prospects for further research in this area are to study the features of ensuring the independence and inviolability of judges in Ukraine, taking into account foreign experience in this area.


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