PDF: Full Issue: Our Law. 2020. №1 (ukrainian)
THEORY, HISTORY OF THE STATE AND LAW, CONSTITUTIONAL LAW
ON THE LEGAL NATURE OF HUMAN CLONING (INTERNATIONAL AND NATIONAL POSITIONS)
It is proved that legal regulation depends on the type of cloning. Therapeutic cloning involves the creation of a suitable environment by artificial methods for embryo birth and development. They are grown for medical purposes, not for full development. Reproductive cloning involves the creation of not only cells but of the entire human body.
The legal sphere is vaguely regulating the attitudes and opportunities created by such development. There are generally no clear international bans on the issue of cloning. These prohibitions are based on the need to protect human identity in order to preserve the chance of a natural genetic combination, which gives it its freedom and uniqueness, as well as to prevent its exploitation.
Most international norms have been adopted at the beginning of the millennium, which in itself speaks to the need for renewal and revision. A number of acts are either advisory or have been supported by a small number of states. Institutional bodies at the UN level, including UNESCO, have also proven to be more of a platform for discussion than a body that can propose a consolidated solution.
At the national level of individual states, there are great differences in regulatory approaches, even within countries, which is manifested in a complete ban on cloning, a ban on only a certain type of cloning, or no legal regulation at all. It’s also stated that many existing national regulations are in an unstable state, as a number of countries consider revising some provisions.
CONSTANTS OF ELECTRONIC GOVERNANCE IN THE MODERN DOCTRINE OF CONSTITUTIONALISM
Adequate information support of management, which should be aimed at ensuring that information is received by the addressees in an amount, within a time frame, and is sufficient for the qualitative performance of the functions assigned by the current legislation to the subjects of the legal relationship.
The duality of communication, which generates new social and legal asset, aimed at empowering people and groups to build trust and work with governments, which helps to stimulate creative solutions to the problems faced by governments and communities, enables them to expand their productive and consumer flows. Applications and Web 2.0 tools are said to allow government websites to be less unidirectional in sharing information and more supportive of interactive interaction and participation of their users.
Multilevel and wide-ranging of e-govern- ment system. It is stated that it is important at the local level that members of the territorial community at the local level have free access to internet communities, which ensures the participation of local people in providing their livelihoods, and the government offers a wide range of services in various spheres of public life.
Information literacy of the population. Computer literacy of citizens is an important element of the implementation of e-government and in order to increase its level it is the state itself that should implement a wide range of measures.
Promoting e-government. The experience of many countries regarding the implementation of governance, which, regardless of the development of the country and its information networks, proves the need for active marketing of their capabilities
SHUKYUROV NASIB HEYBAT oglu
ACCEPTANCE BY THE CONSTITUTIONAL COURT OF THE REPUBLIC OF AZERBAIJAN REQUESTS AND APPEALS FOR EXAMINATION AND PREPARATION FOR JUDICIAL REVIEW
In addition, the article discusses the importance of the report of the Judge-Rapporteur on the merits of the case in constitutional proceedings, the broad procedural rights of the chairman of the session of the Constitutional Court and the issues of attracting experts, witnesses, specialists and translators to participate in constitutional proceedings were also analyzed
LYTVYN N.A., YAROSH A.O.
ADMINISTRATIVE JUDICIARY AS THE MAIN MEANS OF PROTECTION OF RIGHTS AND INTERESTS OF INDIVIDUALS AND LEGAL ENTITIES IN THE FIELD OF PUBLIC LEGAL RELATIONS
It is emphasized that the basis of the concept of “administrative court proceedings” is the procedural activity of the court to consider and resolve an administrative case. In turn, the meaning of the concept of “administrative process” is the legal relations that arise between all participants in exercising of these judicial activities.
It is noted that the principle of dispositiveness in its classic form emphasizes on the obligations of the court to consider directly those issues for which the participants of legal relations have applied. A special principle of administrative justice is the principle of formality. Due to this principle, the court is able to determine, by its own motion, all the facts necessary for an objective decision in the case.
It is concluded that the administrative court proceedings can be considered the main means of protecting the rights and interests of individuals and incorporated persons in the fi eld of public legal relations based on the analysis of principles and procedural form, taking into account modern scientifi c approaches. That is why the prospects for improving administrative justice in Ukraine are closely linked to the prospects for improving its principles and procedural form, which will contribute to: introducing additional guarantees for individuals and incorporated persons in a fair trial; overcoming the disunity of the judicial authority; ensuring the optimization and unifi cation of justice procedures by general and specialized courts at all stages and in all instances in accordance with European standards.
FUNCTIONS AND PRINCIPLES OF PERSONNEL WORK IN THE JUDICIAL SYSTEM
The functions of the judicial work of the judiciary are understood as the directions of work with the personnel (staff) of the judicial bodies, which are expressed in the processes of professional orientation, forecasting and planning of personnel needs, selection, training and placement of personnel.
In determining the content of the principles of personnel work in the judiciary and their types, it is necessary to proceed from several important aspects: (1) the dualistic public nature of the essence of the principles; (2) high requirements for professionalism, behavior and a high level of responsibility require appropriate high-quality staffi ng, which is refl ected in the principles of the work of bodies and institutions that perform human resources functions; (3) Unlike public administration, in which staffing processes are part of it, staffi ng in the courts is not related to the administration of justice. The general principles of human resources work are aimed at providing the judicial administration system with highly qualifi ed personnel, their professional growth. These principles include: legality; Rule of Law; equality; publicity; publicity; impartiality (inadmissibility of conflict of interest). These principles characterize the universal legal vision not only of employees of human resources, but also areas of human resources functions. The implementation of the general principles of law is of a common nature for any judicial offi cer, regardless of whether he or she administers justice or creates the conditions for a judge to work.
PROBLEMS OF APPROXIMATION OF FOREIGN EXPERIENCE OF LEGAL REGULATION OF INFORMATION ACTIVITY OF PROSECUTOR’S OFFICES
In the course of the research an attempt was made to analyze the concept apparatus. Studying the existing approaches to understanding the definitions of “adaptation”, “approximation”, “harmonization” allowed us to identify their common and distinguishing features. It is revealed that despite the presence in the legal acts of all the above definitions, very often they are used as identical, although they have different meanings. In the process of reforming the prosecutor’s office, the approximation is optimal – borrowing legal norms, institutes, procedures, and other elements of foreign experience of regulating the information activity of the prosecutor’s office in order to increase its efficiency, taking into account historical, social, mental and other peculiarities of the Ukrainian people.
Particular attention is paid to the reform of the prosecution bodies, which is in the process of adapting Ukrainian legislation to EU standards. The author draws attention to the fact that, unlike the situation with the prosecuting authorities, in the process of education reform the legislator (with the support of the Constitutional Court) allows himself to ignore the recommendations of the Venice Commission. This creates a precedent that allows one to hope for national interests to be taken into account in the process of further reform of the prosecuting authorities.
TO THE DISCUSSION OF EVALUATION CONCEPTS IN ADMINISTRATIVE LAW
This article offers some propositions as for probable variants of enhancement of application of value judgments in law-making and lawenforcement activity.
ASPECTS OF ESTABLISHMENT OF INTERNATIONAL LAW IN THE FIELD OF PROTECTION OF CHILDREN’S RIGHTS
It has been concluded that the development of international juvenile law and its current status is the result of a long and rather controversial formation. Increased public interest in protection of children’s rights shows the development of childhood values and care of the younger generation at the international level.
PECULIARITIES OF THE SYSTEM OF SUBJECTS OF COMBATING OFFENSES IN THE FIELD OF LAND RELATIONS
CRIMINAL PROCESS AND CRIMINAL SCIENCE
GASYMOV A/E, GUSEYNOVA SH/A
ENVIRONMENTAL CRIMES AS AN IMPORTANT PROBLEM FOR THE DEVELOPMENT OF STATES AT THE PRESENT STAGE
MARISYUK K.B, KANTSIR V.S, KANTSIR I.A
VIOLENCE AS A DESTRUCTIVE VECTOR OF SOCIETY DEVELOPMENT.
CURRENT TRENDS criminalization of violations of sanitary rules and regulations for Prevention of infectious diseases and mass poisoning IN RESPECT OF MODERNIZATION THEORY AND PRACTICE OF COMBATING CRIME IN UKRAINE
THE OBJECT OF THE CRIME OF HOOLIGANISM
NAZYMKO YE.S., BYELIKOV K.A.
EUROPEAN AND NORTH AMERICAN EXPERIENCE OF STREET CRIME PREVENTION
It is stated that the formulation and implementation of measures for the early prevention of all known manifestations of street crime is an urgent, urgent task for all states of Europe and North America.
Attention is focused on the fact that the criminological problem is reproduced as the problem of children’s, teenagers, as well as «poor», «dysfunctional» crime. Moreover, it is extremely inherent in states / societies that are developed in socio-economic terms and other.
Measures taken in developed countries to prevent such crime are reduced, firstly, to the early elimination of harmful socio-economic, cultural, political and other factors that contribute to the systemic permanent reproduction of street crime. Secondly, such measures are preventive and educational and explanatory and educational in nature. Thirdly, classic law enforcement practices are used. Fourthly, effective cooperation of law enforcement agencies with representatives of the public (public, religious organizations), workers of the social security system is of great importance.
In the framework of various measures to prevent street crime, the prevention of victimization of society from the actions of its representatives, particular importance is attached to the issue of using personal self-defense tools, in particular a liberal or, conversely, forbidden policy in the fi eld of exercising citizens’ right to own firearms and other weapons. Models of such a policy have the above positive and «mirror» negative results. However, solving the problem of street crime depends on the coordinated efforts of the whole society.
APPLICATION OF INTERNATIONAL STANDARDS OF FORMATION OF APPROPRIATE EVIDENCE IN THE PRACTICE OF DOMESTIC COURTS
Taking into account the practice of national courts, the peculiarities of the application by them the international standards for formation of relevant evidences are determined. It is substantiated that, in accordance with these standards, the national courts, firstly, to recognize the assessment of evidences in terms of its relevance as their duty, secondly, to ensure that the burden of proving of the relevance of evidences produced by them is placed on the sides of criminal proceedings, thirdly, to determine the importance of evidences to establish the facts/circumstances of criminal proceedings, fourthly, to ensure the use of evidences to confi rm the reliability or unreliability of other evidences, fifthly, to evaluate from the point of view of relevance both the available evidences and the evidences submitted by the defence side or for receipt of which it has made the petition, sixthly, to refuse the defence party to present evidences or satisfy the petition to receive it only if such evidences is considered irrelevant; seventhly, to point out the inadmissibility of the refusal to the defence side in the submission of evidences or in the satisfaction of the petition for its receipt without justifi cation of the irrelevance of the evidences, eighthly, to reflect the assessment of evidences in terms of their relevance and its motives in the court decisions decided by them.
CRIMINAL RADICALISM: MAIN CRIMINOLOGICAL TYPES
Xenophobic radicalism has the following subtypes: antisemitism, racism, and migranto- phobic radicalism. Among the subtypes of subcultural radicalism are the following: 1) subcultural youth (radicalism of football fans, skinhead movement, etc.); 2) criminal-subcultural. The latter, in turn, has two more subtypes: a) intra-subcultural, which is manifested within the groups of convicts and connected with attempts to change the prison system, individual institutions, norms, hierarchical structure provided by the respective subculture; b) externally subcultural, which expresses opposition to other countercultures, normsystems, orders.
The following types of criminal radicalism are distinguished by function in the political process: “revolutionary movement”, political repression, political terror, criminal separatism, terrorism (multifunctional political-criminal phenomenon), vandalism. The proposed types of criminal radicalism are not exhaustive and can be supplemented, acquired integrative features depending on the situations, the specific subjective content of criminal acts, the use of their effects by political subject, etc.
GENERAL SOCIAL MEASURES TO COMBAT CRIMES AGAINST STATE SOVEREIGNTY AND TERRITORIAL INTEGRITY OF UKRAINE
Particular attention has been paid to the fact that the aggravation of political and economic situation in Ukraine, the conduction of the antiterrorist operation in the East of the state require strengthening of the defense and reform within law enforcement systems, revision of priorities in the activity of the subject component in regard to the protection of independence and territorial integrity of the state, ensuring the rights, freedoms and legitimate interests of citizens.
It has been established that general measures to counteract crimes against state sovereignty and territorial integrity of Ukraine are aimed at finding the ways, means and other possibilities of effective influence on crime in order to reduce the intensity of crime determination processes at all levels, neutralization of the effect of causes and conditions to reduce the number of criminal acts to a certain level.
It has been concluded that nationwide prevention is achieved through undue influence on criminological determinants, in the process of positive, progressive development of society and solving economic, social, political, ideological and other global tasks, resulting in parallel to eliminating, limiting and contradicting crisis phenomena that nourish and reproduce crime.
EXTERNAL THREATS TO THE ECONOMIC SECURITY OF THE STATE
The author has offered a comprehensive vision of the criminological model of threats to the economic security of the state, which contains two blocks – internal and external threats. Their interconnectedness, heterogeneity and complex structure have been emphasized; therefore the author has paid attention to the need for epistemological autonomous analysis to identify the fundamentally important and relevant components of each of these blocks.
The author has emphasized the opinion on objective grounds and prerequisites, when the phenomenon of economic security of the state may go beyond the structural borders of the national economy, which is due to globalization processes in the economic sphere and its transnationalization.
The block of external threats to Ukraine’s economic security has been differentiated into two groups of risk factors: natural global and artificial (managed). The author has pointed to their multidimensionality, which is manifested in both interdependence and mutually exclusive nature. Such destructive desynchronization contributes to widening the range of threats to the economic security of the state, both in external and internal dimensions.
The author has emphasized the urgent need for the development of scientifically substantiated and practically time-tested new areas of criminological provision for economic security at the present stage of national statehood and implementation of modern preventive measures taking into account the risks and threats of the present day.
It has been concluded that a holistic system of measures, carried out on the basis of identifying and further neutralizing the identifi ed internal and external threats as the ground for stable development of the country’s economic system, constitutes the functional profi le of the mechanism of criminological provision of the state’s economic security.
COMMITMENT OF A CRIME BY AN AUTHORIZED PERSON AS A CIRCUMSTANCE SUBJECT TO PROOF FOR APPLICATION OF CRIMINAL CRIMINAL MEASURES TO LEGAL ENTITIES
The article discloses the content of the grounds for applying the measures of criminal law to a legal entity. Analyzed yudicial practice. It is concluded that the crime can be recognized as committed on behalf of a legal entity if the authorized individual acted as a representative of the legal entity, that is, personified such a legal entity and realized the legal personality of the latter, and did not act privately, acting on its own behalf. The methodology and tactics for collecting evidence to establish the grounds for applying measures of criminal law to a legal entity are defined. Features of providing access to materials of pre-trial investigation are considered.
THE IMMEDIATE OBJECT OF THE CRIME PROVIDED FOR IN ART. 345 of the Criminal Code of Ukraine
It is substantiated that the establishment of the direct object of the crime is important for clarifying the nature and degree of public danger of the crime committed, its correct qualification, makes it possible to clearly distinguish between related crimes.
It is concluded that the main immediate object of the crime is the most important social relations inherent exclusively to this corpus delicti, characterizes its nature and determines the specific corpus delicti in the structure of the Special Part of the Criminal Code of Ukraine, is protected by a specifi c criminal law and which is caused or may be harmed as a result of a certain crime.
The main direct object in the commission of an attack on the life of a law enforcement offi cer is the lawful activity of a law enforcement offi cer, the additional direct object in the commission of the violation in question is the life of these individuals.
Further areas of research identified the problems of correlation of social relations with the category of interests and benefi ts.
FOREIGN EXPERIENCE OF PREVENTING USER-VIOLENT CRIMES COMMITTED BY CHILDREN
For further development and development of the domestic system of prevention of offenses among children, for the development and implementation of new, effective forms and methods of prevention of the subject of prevention of offenses it is necessary to study and implement certain foreign methodological developments and practical techniques in this field, but to do so taking into account the national peculiarities caused by the previous development of our country and the modern transformation processes occurring in all spheres of public life.
On the basis of generalization of foreign experience, it is necessary to identify the main directions of social rehabilitation of children who have committed acts of violence and violence in Ukraine: 1) creation and development of preventive services for work with children; 2) diagnosis of social environment; 3) community assistance and mentoring to address the most pressing issues for children; 4) the work of mediation “patronage” services, which is expressed in support of children, especially sensitive to conflicts in the family, at school, on the street; 5) providing a decent accommodation that can replace the family; 6) use by the family social workers of special psychological cards for each child of a particular neighborhood from the moment of birth with the purpose of holding timely preventive measures until she reaches majority; 7) Establishment of an institution for family social workers and the fixing of each family with a child at the place of residence by a certain social worker who interacts with health authorities and institutions; 8) legal advocacy among the pupils of educational institutions by the employees ofjuvenile prevention, which is the most important component of both educational programs and activities of the National Police of Ukraine for ending the deviant behavior of children.
FOREIGN EXPERIENCE OF PENALIZATION OF CRIMINAL AND ILLEGAL ENVIRONMENTS ON PUBLIC AND PRIVATE PROFESSIONAL SECURITY ACTIVITIES
The emphasis has been focused on the fact that one of the basic conditions for the effectiveness of criminal policy is the development and improvement of penal institutions (including penalization), both at the legislative and law-enforcement levels. It has been emphasized that the criminalization of socially dangerous encroachments in the specified sphere and their penalization in accordance with the norms of international law is an urgent problem that needs to be solved.
The author has studied the limits of penalization of criminal and unlawful encroachments on public and private professional security activities in the legislation of a number of foreign countries by determining their scope and content.
Special attention has been paid to the need to increase the effectiveness of applying the norms of the criminal law of Ukraine in part of liability for criminal and unlawful encroachments on public and private professional security activities; to develop effective mechanisms for detecting and further correcting shortcomings related to penalization of the actions under consideration.
The author has made the conclusion about the practical signifi cance of further scientifi c development of the issues of penalization of criminal and unlawful encroachments on public and private professional security activities, formalization of the principles and rules for carrying out such activities with the active use of positive international experience.
FOREIGN EXPERIENCE OF CRIMINAL LIABILITY REGULATION
It defines bases of criminalization of mercenaries at the international level and ascertains the lack of global consensus on this issue. The objective-subjective side of the mercenary activities as the crime against peace and security of mankind has been analyzed. The peculiarities of the mercenary activities definition in the Criminal Code of Ukraine have been given special attention.
The statements that are worthy to be adopted by and to Ukrainian lawmaker (anticipation of such a qualifying sign of mercenary use of a minor), as well as those which are unsuccessful (which do not specify the purpose of recruitment, financing, training or other financial support of the mercenary; where the range of criminal activities covered by the concept of “mercenary” is narrowed) have been elucidated. The actus reus of the mercenarism according to the criminal legislation of the international experience is considered.
LABA S.V., SKREKLYA L.I.
THE STATE OF THEORETICAL INVESTIGATION OF CRIMINAL RESPONSIBILITY ISSUES FOR THE PROPAGANDA OF COMMUNIST AND NAZI TOTALITARIAN REGIMES
A brief review of criminal literature has given an opportunity to conclude that the issue of criminal responsibility for propaganda of the Communistic, Nationalistic and Socialistic (Nazi) totalitarian regimes is one of those who have not been properly resolved. It has been stated that certain aspects had not been studied at all, and the authors’positions on the investigated issue were controversial or diverse. Due to the relevant analysis, some of the issues that are not illuminated have been analysed, the additional arguments have been given to resolve the controversial issues.
ECONOMIC AND LABOR LAW
THE PROBLEM OF THE PRINCIPLE OF JUSTICE IN CONTRACTUAL OBLIGATIONS
LEGAL FACTS IN THE STRUCTURE OF THE CIVILIST MODEL OF PROTECTION OF THE RIGHTS OF CREDIT RELATIONS
INTERPRETATION OF POSITIVE DISCRIMINATION
AS A METHOD OF ENSURING THE PRINCIPLE OF EQUALITY
CHERNOVSKY OK, IL’YUK DD
SPECIFIC ISSUES OF CONSTRUCTION OF MILITARY JUDICIARY IN UKRAINE ON THE BASIS OF INTERNATIONAL EXPERIENCE
The process of civilization was caused by the fact that in the case of Findley v. The United Kingdom the European Court of Human Rights came to a conclusion that to consider the court independent we should to pay attention to the method of appointing its members and the term of their authority, the existence of safeguards against external pressure and the existence of external signs of independence.
Authors proposing a possible model of building a military justice system in Ukraine, taking into account the findings of the European Court of Human Rights. Also, saving judicial control over the security and defense sectors as one of element of democratic civilian control, and involving the jury in cases in military sphere from among of the current or former service members, reservists.
PHILOSOPHY AND PSYCHOLOGY OF LAW
BEVZYUK IM, KOZYAKOV IM
CURRENT ISSUES OF ENSURING THE PSYCHOLOGICAL SECURITY OF THE PROSECUTOR’S PERSONALITY
The authors confi rmed that presence of psycho- traumatic and stressful factors is a specifi c work feature in the prosecution bodies. Among them: increased level of legal and moral responsibility, workload and its duration, uncertainty of working conditions for the near future, conflictogenicity, rapidity, newness and singularity of activity, suddenly changes, risk for the prosecutor or his relatives to be harmed etc.
It’s confirmed that for prevention of prosecutor’s emotion (professional) burnout syndrome, psychological safety of the prosecutor’s personality should be provided in three directions: organizational and legal, intersubjective and individual.
DISCUSSIONS, DISCUSSIONS, CURRENT
ROBBERY ATTACKS ON HOUSING OF CITIZENS AS AN OBJECT OF CRIMINOLOGICAL INVESTIGATION
This type of robbery combines selfish motive and violent actions (both physical and mental in nature) or the threat of using them and affecting the life and health of a person.
The system-forming property that combines selfish motive with its violent achievement is the invariant criminal activity of the offender in its development, where the selfish motive determines the character, content and nature, and the violent form of its realization specifies the orientation of this specific criminal activity. Thus, robberies on housing of citizens can be defined as an antisocial phenomenon and relatively mass socially dangerous enrichment, which is manifested in committing robberies on premises intended for permanent or temporary residence of people (house, apartment, cottage, etc.), characterized as a rule by group. the nature and distribution of roles associated with the use or threat of violence.