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Results in Journal ScienceRise: Juridical Science: 119

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Andrii Rybalkin, Yuliia Nosenko
ScienceRise: Juridical Science pp 14-17; https://doi.org/10.15587/2523-4153.2021.235130

Abstract:
The scientific article examines the activities of the European Court of Human Rights and identifies the significance of the relevant case law of the European Court for the case law of Ukraine. It is noted, that one of the issues, studied within the topic, is the sources and legal framework, which is especially relevant in the adoption of the Law of Ukraine «On Enforcement of Decisions and Application of the Case Law of the European Court of Human Rights», according to which courts use the Agreement and case law as a legal source in cases. The activity of the European Court of Human Rights, the role and impact on the judicial system of Ukraine are analyzed, the relevant examples are given. It is concluded, that the implementation of international human rights law into Ukrainian law is a complex procedure that requires special doctrinal consideration, as today Ukrainian citizens are among the most active complainants to the European Court of Human Rights, which indicates a fairly high insecurity by national legal mechanisms. In order to increase the credibility of the judiciary, courts should take into account the European experience, decisions and observations of the Court in their work. The Court's case law is said to play an important role in the judicial reform process as it approaches the European legal framework for human rights standards in Europe. The current law cannot fully protect a person or build justice if it is not applied properly. Based on existing ECtHR rulings, judges can accurately understand the rule of law and apply it properly, which will help improve human rights, accurate understanding and implementation of the Agreement on Ukraine. Based on the study, it was concluded, that it is necessary and appropriate to implement the decisions of the European Court of Human Rights, as in this way it is possible to ensure the protection and defense of human and civil rights and freedoms
Sofiia Son
ScienceRise: Juridical Science pp 22-26; https://doi.org/10.15587/2523-4153.2021.234520

Abstract:
The study is devoted to the analysis of the main normative legal acts, regulating the holding of elections within the European Union, linked to the evolution of Ukrainian Constitutionalism and the integration of Ukrainian law into the European legal space. It has been proved, that the correct choice of an electoral system creates a suitable environment for the citizens to exercise one of the fundamental democratic rights, namely to elect their authorized representative who in their turn represent their interests. The article states that despite the growing role of the European Parliament, the election procedure has been only partially coordinated due to the lack of the universal election procedure for all EU members. At present some fundamental principles, regulating this procedure, are stipulated by the 1976 Election Law, however a lot of aspects are regulated by the national legal systems. The lack of universal election law for all EU members potentially deprives European elections of a real European dimension. The recent years have witnessed several attempts to reform the EU election system. However not all of them have led to the adoption of relative Directives. In particular, there are disputes regarding the transnational constituency. The supporters believe it to be the step in the right direction, while the opponents express fears that it will increase the distance between the public and its elected representatives. The author points out that the outcomes of the spring 2019 European Parliamentary elections have common features with the outcomes of Parliamentary and local elections in Ukraine. Problems, related to the European Parliament elections in 2019 and existing in Ukraine, have been identified, such as restrictions for the exercise of voting rights by persons with disabilities due to various reasons, the use of digital technologies and related cybersecurity issues in the election process, protection of personal data and so on
Olena Samoilenko, Kateryna Titunina
ScienceRise: Juridical Science pp 65-70; https://doi.org/10.15587/2523-4153.2021.235769

Abstract:
The article proves that the separation of technologies for committing fraud on the Internet allows you to determine the causal complexes. As a result, it is possible to effectively influence the prevention and counteraction of the corresponding type of crime. The author concludes that it is necessary to introduce into the practice of law enforcement and other government agencies effective tools for preventing and combating Internet fraud. He sees such a tool as outreach activities and modes of action that will block the determinants of criminal behavior in cyberspace. In order to concretize the specified means of prevention, it also deepens the theoretical basis regarding the system for preventing Internet fraud. So, the author comes to the conclusion that counteraction is a system of measures and methods of activity not only of law enforcement agencies, but also of other state and non-state bodies, while among these measures there are measures to prevent certain types of crimes. The article indicates that in the process of implementing a certain type of cybercrimes by criminals, they talk about the technologies of criminal activity as complexes of interrelated crimes, united by a single criminal purpose. For the commission of Internet fraud in the technology of criminal activity, there are typically ways of committing crimes in the use of computers, systems and computer networks and telecommunication networks (provided for in Section XVI of the Criminal Code of Ukraine) and Art. 200 of the Criminal Code of Ukraine. As a result of the analysis of the materials of the forensic practice of investigating fraud on the Internet, two main technologies have been identified: 1) the seizure of funds using phishing sites (the methods of reporting false information from the victim and its content have been updated) 2) the seizure of funds using a bank payment card and / or ATM (the variability of the method of manipulating information has been updated)
Larysa Bielik, Antonina Cheremnova
ScienceRise: Juridical Science pp 33-38; https://doi.org/10.15587/2523-4153.2021.235829

Abstract:
The article is devoted to the aspects of the implementation of the principles and the specifics of the appointment of forensic examination in civil proceedings. The system of normative legal acts on forensic examination in civil proceedings has been investigated. The relationship between the concepts of "expertise" and "forensic examination" have been determined and analyzed. The characteristic features of forensic examination have been studied: first, forensic examination is determined by a specific procedural form; secondly, it can be carried out on the basis of a court order; thirdly, forensic examination is carried out by a forensic expert; fourthly, a correctly drawn up expert opinion is a means of proof in civil proceedings; fifth, the results of the forensic examination are used by the court. Highlighted and analyzed are the principles of forensic examination in civil proceedings, provided for by Art. 3 of the Law of Ukraine "On Forensic Expertise", namely the legality, independence, objectivity and completeness of the study. Separately, the set of conditions for which, in accordance with Art. 103 of the Civil Procedure Code of Ukraine, the court appoints an examination of the case: firstly, to establish the circumstances that may be significant for the case, for the sake of which special knowledge is required in a field other than law, without which it is impossible to establish the relevant circumstances; secondly, in the case when the parties or the party did not present the expert's opinion on a specific issue or the expert's opinion raises doubts about its correctness. A list of specific actions that the court at the stage of deciding on the appointment of a forensic examination has the right to implement in accordance with the Resolution of the Plenum of the Supreme Court of Ukraine dated May 30, 1997 No. 8 "On forensic examination in criminal and civil cases" is provided. The aspects of the appointment and conduct of forensic examination in civil proceedings are analyzed. The facts are highlighted that should be taken into account when deciding on the advisability of appointing an examination in a civil case
Anastasiia Pidgorodynska, Liliia Shirobokova
ScienceRise: Juridical Science pp 48-57; https://doi.org/10.15587/2523-4153.2021.235325

Abstract:
The article is devoted to the issues related to the implementation of criminal procedural guarantees in the provision / receipt of international legal assistance and adoption proceedings. Emphasis is placed on the fact that in the scientific doctrine there is no established definition of criminal procedural guarantees in the provision / receipt of international legal assistance and in the implementation of proceedings by the way of adoption. It is proposed to understand them as a set of legally established methods and means (general and special), which ensure the effective implementation of the tasks of criminal proceedings, as well as prevent violations of procedural rights of persons involved, as well as their fundamental rights, freedoms and legitimate interests. The position of scholars on the separation of the following constituent elements in the system of criminal procedural guarantees is supported: criminal procedural form; general principles of criminal proceedings; procedural status of a person; criminal procedural mechanism for exercising the rights of the subjects of the criminal proceedings related to the provision / receipt of international legal assistance and the transfer of proceedings from the competent authorities of a foreign state. The disclosure of the content of criminal procedural guarantees, which are implemented in the studied procedural forms of international cooperation in criminal proceedings is through the prism of these interconnected and interdependent elements
Inna Apalkova
ScienceRise: Juridical Science pp 27-32; https://doi.org/10.15587/2523-4153.2021.235308

Abstract:
The study analyzes the historical aspect of the formation of the notary in Ukraine. The scientific analysis of notary development, definition of notary system, determination of a place of the modern notary in the legal system is carried out. The introduction of European experience in the notary of Ukraine provides an opportunity to exchange practical skills, improve national legislation and unify Ukrainian documents in accordance with international standards. The legislative consolidation of "notary in Ukraine" is analyzed. It is the Law of Ukraine “On Notaries” that discloses the concept of notary as a system of bodies and officials who are obliged to certify rights, as well as facts of legal significance and perform other notarial acts, provided by law, in order to give them legal credibility. The main tasks of the notary are defined, namely ensuring the protection and defense of the rights, freedoms and legitimate interests of individuals and collective entities, as well as promoting the proper implementation of the rights and responsibilities of these entities, ensuring the protection and safeguarding of all property forms, crime prevention, general strengthening of the rule of law and maintenance of the proper level of law and order. The functions of the notary are outlined, which are constantly evolving and give notaries more powers when performing notarial acts. The types of legal systems of notaries are studied, and the place of Ukrainian notaries in the system is determined. A special place in the notary system of Ukraine is the introduction of digital technologies, namely electronic registers, which allow to speed up the performance of notarial acts. It is concluded, that the notary in Ukraine is constantly in the dynamics of development and improvement of both the system itself and notaries in general. The international experience of leading countries allows for constant exchange of skills and improvement of national legislation
Oleh Nalyvaiko, Valeriia Shtunder
ScienceRise: Juridical Science pp 18-21; https://doi.org/10.15587/2523-4153.2021.235474

Abstract:
Peculiarities and problems of the process of reforming the main constitutional institutions are studied. Emphasis is placed on the fact that the domestic constitutional process continues throughout the period of formation of an independent, democratic and legal Ukrainian state, taking into account the peculiarities of the development of our civil society. It is stated, that integration from the general philosophical point of view is a process or actions that result in integrity, unification, connection, restoration of unity. The dictionary of foreign words states that integration is the unification of any parts, elements. Integration develops on the basis of the internationalization of the whole civil society, which is accelerated by scientific and technological progress. States, involved in the integration process, share positive experiences. It was found out, that the current stage of state building requires scientific support of Ukraine up to European standards of public life. In the current European integration conditions, modern Ukraine, as never before, needs a correct and reasonable process of adopting a new version of the Basic Law. Since the state power plays a very important role in the transformation of Ukraine into a democratic, strong and integral state, the power of our state must focus its efforts on bringing the constitutional modernization to a certain level and implement it. It is established, that the main criterion for the division of the "constitutional process" into separate types is its essential features. Depending on the scope and practical implementation of the relevant elements of the «constitutional process», its content can be considered in different directions, which were proved above. A significant number of domestic scholars who have devoted their work to the «constitutional process» use this term as a description of the systems of relevant events that took place during a certain period (stages of the process) and preceded or directly were the time of the Constitution of Ukraine
Kamil Prymakov, Yuliia Zakoveria
ScienceRise: Juridical Science pp 9-13; https://doi.org/10.15587/2523-4153.2021.235281

Abstract:
The activity of the European Court of Human Rights is investigated and the significance of the relevant practice of the European Court for the judicial practice of Ukraine is determined. It is emphasized, that a constitutional complaint serves as an effective means of protecting fundamental human rights, strengthening the rule of law and building democracy, which has already been tested in many countries around the world. The article notes that the institution of constitutional complaint significantly expands the possibilities of protecting citizens. In general, this institution is a kind of constitutional appeal, which should be understood as a written petition, submitted to the Court to review the constitutionality of the law of Ukraine (its constitutional provisions), which is used in the final court decision in the case of the subject of a constitutional rights complaint. The author also draws attention to the issues of advantages and disadvantages of a constitutional complaint and a constitutional appeal separately. Thus, one of the advantages of having a constitutional complaint is that the grounds for filing a constitutional complaint are a violation of fundamental human and civil rights. The advantages also include the fact that, unlike a constitutional appeal, which is a mechanism solely for interpreting a certain provision of the law, which excludes the possibility for individuals to apply to a constitutional justice body to declare regulations unconstitutional, a complaint directly provides such a right. However, at the same time, the model of the constitutional complaint, introduced in Ukraine on the subject, is an incomplete normative constitutional complaint, which is related to the consideration of a specific case. After all, according to it, only one type of normative legal act is subject to appeal, a law, and only the one that was applied during the trial of the person. It is stated, that ensuring the possibility of a person to take an active part in the control over the activities of higher state authorities, which is implemented in the relevant legal forms, provides grounds for recognizing a constitutional complaint as one of the modern institutions of democracy. In fact, a constitutional complaint is an effective procedural means to protect the fundamental rights and freedoms of citizens
, Maryna Novikova
ScienceRise: Juridical Science pp 4-8; https://doi.org/10.15587/2523-4153.2021.235118

Abstract:
The article analyzes problems of providing free secondary legal aid in Ukraine. Based on the studied statistical indicators, it is determined, that the most unresolved issues are the availability and quality of legal aid. It is stated, that in order to overcome these obstacles, the state, represented by the authorized bodies, cooperates with many international organizations, participates in international technical assistance projects and provides communication with international and national public organizations. Based on the study, it is noted, that today attention should be paid not only to highlight the possibility of obtaining free secondary legal aid, but also to the dissemination of mechanisms for obtaining such assistance and their features. It is determined, that today in Ukraine the state and public organizations are actively working to increase the level of availability of free legal aid in Ukraine. The Law of Ukraine «On Free Legal Aid» contains a detailed list of persons entitled, in particular, to receive free secondary legal aid, the rights and obligations of entities to provide such assistance. However due to the abstract nature of legal norms and the style of their presentation, there is a need in society to explain these regulations to the population. To this end, various activities are carried out, in particular, cooperation with the media, publishing brochures, distributing educational videos on the Internet, which has a positive character and, as a consequence, achieving the goal – increasing the availability of free legal aid in Ukraine. The participation of representatives of the international community in providing free legal aid is analyzed. It was stated, that the representatives of the Council of Europe recommended that the national institutions improve the legal framework for the provision of free legal aid in order to make the institution more accessible and understandable to those entitled to receive it. In addition, the Council of Europe recommended improving the area of ​​criminal justice in terms of coherence of efforts to provide each suspect or accused with affordable and quality legal assistance. It is noted, that the quality of free legal aid depends on many factors. In particular, lawyers discussed the thesis of incentives to provide quality assistance, as in a significant number of cases the lawyer interferes with concentration, and as a consequence, reduces the level of positive decisions. It is determined, that free legal aid does not provide support to citizens in applying to international judicial institutions, such as the European Court of Human Rights
Oleh Kulyk
ScienceRise: Juridical Science pp 58-64; https://doi.org/10.15587/2523-4153.2021.234724

Abstract:
Legal regulation of intermediation in the virtual assets market was analysed. It was grounded, that the professional assistance to virtual assets market participants is necessary because of complexity of transactions with virtual assets. It was found, that the virtual assets service providers carry out intermediation in the virtual assets market as an entity that is acting in the interests of third parties and providing intermediary services to the market participants. Based on the analysis of the legal concept of "intermediation", it was formulated, that intermediation in the virtual assets market can be considered as the economic activity of business entities – virtual assets service providers, - which is carried out with the purpose of providing intermediary services to virtual assets market participants. Types of intermediation in the virtual assets market include: 1) safekeeping or administration of virtual assets and keys of virtual assets; 2) exchange of virtual assets (except when exchange is not carried out directly by the consumers in their own interests); 3) transfer of virtual assets (except when the transfer is not carried out directly by the consumers in their own interests); 4) participation in and provision of financial services, related to an issuer’s offer and/or sale of a virtual asset. It was found, that according to the draft law “On Virtual Assets” of June 11, 2020 No 3637 virtual assets service providers should be registered, but there is no mention about the license for providing intermediation in the virtual assets market. At the same time, it was grounded, that according to Ukrainian law, the financial intermediation in the virtual assets market, including participation in and provision of financial services, related to an issuer’s offer and/or sale of a virtual asset, should be a subject of licensing
ScienceRise: Juridical Science pp 39-47; https://doi.org/10.15587/2523-4153.2021.234675

Abstract:
The analysis of the researched scientific problems on counteraction to crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis, now necessitates further research of ethnic crime in Ukraine and the world in general. Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations, formed on an ethnic basis, is impossible without understanding the essence of this problem, relevant legal concepts and classification and identification of features of organized ethnic crime that are important for law enforcement and the state. The main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. Thus, for the effective interaction of law enforcement agencies in combating crimes, committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and realization of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. Theoretical principles of law enforcement interaction in combating crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis by generalizing, analyzing and systematizing the concept of interaction, its forms, methods and types, are analyzed. An author's definition of the concept of interaction among police during counteraction to crimes, committed by organized groups and criminal organizations, formed on ethnic basi, is given
Oksana Shutenko
ScienceRise: Juridical Science pp 20-23; https://doi.org/10.15587/2523-4153.2021.228182

Abstract:
The article is devoted to the study of problematic issues of performing notarial acts by consular institutions of Ukraine abroad. The relevance of the study is related to the global processes of globalization, the expansion of human migration and labor opportunities, in which the first place goes to human self-realization in the world. Determination of the legal terminology and the legal status of the entities, responsible for the implementation of notarial activities abroad. Differences in the status of the consular section of the diplomatic embassy are analyzed, as their employees are diplomatic employees and an independent consulate, whose employees are consular officials. Attention is paid to the problem of correctly determining the subject of notarial acts, based on the analysis of current legislation. The emphasis is made on the problems of the quality of notarial actions, access to the profession, proper professional competence of employees of consular institutions in the implementation of notarial actions. The problem of access to special registries. A new approach to solving these problems is proposed by introducing a new legal specialty - a lawyer for consular offices with skills in notarial activity. This affects the development of civil relations and the desire to protect them, to guarantee them in an indisputable notarial order, being abroad by applying to a body of national rather than foreign (host country) jurisdiction. Significant factors are the convenience of such treatment: the national language of office work, national legal regulation (both substantive legal relations, and procedural, which regulate the procedure of notarial acts), the relative affordability of notarial acts, performed by consular offices, the lack of the following procedure legalization of the performed notarial act and documents
Oleksandr Vasylkovskyi, Oksana Orel, Oleksandr Shapoval
ScienceRise: Juridical Science pp 8-14; https://doi.org/10.15587/2523-4153.2021.225944

Abstract:
The article is devoted to the methodology for assessing the socio-political situation during the development of a plan by the commander and decision-making for a battle (combat operations). The list of service and combat tasks that are assigned to him and are carried out by subdivisions and units of the National Guard of Ukraine during participation in the operation of the Joint Forces, their analysis showed that the success of actions largely depends on the moral and psychological factor and discipline of the personnel. The personnel needs long-term psychological stability, readiness to use weapons and military equipment in various conditions of the situation, individual professional skills and the ability to make independent decisions with appropriate proposals for orders and instructions. The author's vision of the consistent work of staff officers and ones on work with the personnel in assessing the socio-political situation in the area of performance of service and combat missions by subdivisions and military units of the National Guard of Ukraine is formulated. According to the results of the study, the socio-political situation was determined as a set of socio-economic, domestic political, religious, historical and cultural conditions, interethnic (international) relations and other factors in a certain district (region) of the state for some time. The methodology for its assessment in the interests of the moral and psychological support of NGU subdivisions and military units during participation in the Joint Forces Operation is determined taking into account: basic assumptions and limitations; initial data; content of identifying and assessing the situation, the procedure for carrying out calculations; examples of solving typical tasks to identify and assess the socio-political situation in a certain district (region); it is carried out using a scale of tension level. Attention is focused on the problematic issues that arise at the present development stage of the state
Fedir Apshai, Oleh Khalak
ScienceRise: Juridical Science pp 4-7; https://doi.org/10.15587/2523-4153.2021.228246

Abstract:
This study discusses the legal framework for life safety in Ukraine as of the current year. Ensuring an adequate level of safety at the enterprises of various forms of ownership and directions of the modern economy is a vital task in terms of creating decent working conditions in the country and the development of its economy. The development of the sovereign Ukraine must be accompanied by the creation of a safe state of the environment, economic production, and living conditions to ensure the proper level of human life. The main place in this process is occupied by the legislation in the field of regulation of relations between human health and the environment and safety in emergencies and situations of everyday life, i.e. life safety. The relevance of the subject is conditioned by the need to create an appropriate legal framework for life safety in the country as of its current state. The methodology of this study is based on a combination of a systematic approach to determining the main factors that ensure the establishment of legal foundations for life safety in Ukraine at present and an analytical method of research on a wide scope of issues in this subject area. The main results, obtained during this study, include the identification of the main factors of life safety in modern Ukrainian society and the importance of the legal framework, developed by the state for proper regulation of these issues, as well as the main directions of development of a certain level of life safety culture in modern Ukrainian society. Prospects for further research within the framework of the chosen subject area are conditioned by the need to qualitatively identify the main factors, influencing the process of gradual development of the legal framework for life safety in Ukraine as of its current state and the importance of timely coverage of relevant legal aspects that are vital in modern realities. The applied value of this study lies in the possibility of implementing its main results and conclusions in practice in order to obtain a reliable tool for timely and high-quality determination of the basic legal principles of life safety in Ukraine
Olesia Bordun
ScienceRise: Juridical Science pp 24-28; https://doi.org/10.15587/2523-4153.2021.228115

Abstract:
Aim. The purpose of the study was to substantiate the recommendations for the development of the concept of ensuring the security of the judiciary. Materials and methods. The study is performed based on dialectical and systematic approaches using methods of analysis, synthesis, abstraction, and generalization, as well as formal-dogmatic and structural-logical methods. The information base of the study was the scientific works of foreign and domestic scientists, the laws of Ukraine, and bylaws. Results. According to the results of the study, the hypothesis of low dynamics of development of the conceptual foundations of ensuring the security of the judiciary due to the low relevance of this issue was refuted. The hypothesis of the complexity of the development of the concept due to the interdisciplinary nature of research concerning the security of the judiciary has been confirmed. A new methodological approach is proposed, which can be used as a basis for substantiating the directions of development of conceptual bases for the formation of the organizational and legal mechanism for ensuring the security of the judiciary. Conclusions. The results of the study confirmed the dynamic nature of the concept of judicial security. Emphasis was placed on the expediency of clarifying the theoretical and methodological principles of the security of the judiciary to form a proper foundation for the continuation of judicial reform in this area. It is noted, that at the present stage the conceptual principles of ensuring the security of the judiciary are fragmented, which is explained by the interdisciplinary nature of the issue and the intersectoral nature of the legal institution. According to the results of the study, the methodological principles of substantiation of the directions of development of conceptual bases of formation of the organizational and legal mechanism of ensuring the security of the judiciary are outlined
Hartanto Hartanto, Bella Setia Ningrum Amin
ScienceRise: Juridical Science pp 29-37; https://doi.org/10.15587/2523-4153.2021.225793

Abstract:
The application of the death penalty for perpetrators of crimes is an absorbing topic to talk about because it reaps the pros and cons. In Indonesia, despite these pros and cons, the death penalty is still maintained, but only imposed on perpetrators of crimes, categorized as extraordinary crimes, one of which is narcotics crimes. The government's reason for implementing the death penalty is none other than because the death penalty is considered to have a deterrent effect, so that it will be able to reduce the number of narcotics crimes in Indonesia. Therefore, there are several things that we need to review, including, how is the regulation of the death penalty for narcotics criminal offenders based on Law Number 35 of 2009, on Narcotics?How is the implementation of the death penalty for narcotics criminal offenders in Indonesia? Has the application of the death penalty for narcotics offenders proven effective in reducing the number of narcotics crimes in Indonesia?It is essential to answer these questions to increase knowledge for readers and contribute in formulating a more effective and efficient strategy in the fight against narcotics crime. The study was conducted through normative legal research, and the data in this study were secondary data, which consisted of the primary law materials and the secondary law materials. The results of this study show us that Indonesia has declared narcotics crimes as a high-risk crime so that elements concerning narcotics crimes and sanctions are specifically regulated in Law No. 35 of 2009 on Narcotics. However, the number of narcotics crimes in Indonesia remains high, even though the death penalty has been repeatedly imposed on the perpetrators of narcotics crimes, which proves that the death penalty is not effective as a preventive action in combatting narcotics crimes in Indonesia.
Alona Tkachuk
ScienceRise: Juridical Science pp 15-19; https://doi.org/10.15587/2523-4153.2021.227133

Abstract:
The legal regulation of the license agreement is considered. Its contractual construction is investigated. The norms of the Civil Code of Ukraine and other normative legal acts on determining the essential terms of the license agreement are analyzed and it is clarified, which conditions must be agreed by the parties in order for the license agreement to be considered concluded. The scientific analysis of the legal nature of the license agreement in the system of civil law agreements is carried out. The objective essential conditions and features of concluding a license agreement are revealed. The subject and terms of the contract are considered. The rights and responsibilities of the licensor and the licensee are analyzed. The advantages of each party of the contract are determined. The civil law aspects of regulation of contractual license relations are investigated. The legal nature of the license is determined. The classification of license agreements has been carried out. The analysis of the current legislation in the field of granting property rights to the results of intellectual activity is carried out. The essential conditions of the agreement on creation on the order and use of the object of intellectual property rights and the agreement on transfer of exclusive property rights of intellectual property are investigated. The relationship between the license and the license agreement has been clarified. Recommendations on the structure of license agreements and advice on their content and method of presentation are provided. Conclusions and proposals, aimed at improving civil legislation in the field of legal regulation of license agreements, are formulated. It is concluded, that the license agreement is a fair mechanism for obtaining remuneration for the creation or acquisition of intellectual property
Tatiana Khokhlova
ScienceRise: Juridical Science pp 23-28; https://doi.org/10.15587/2523-4153.2020.216734

Abstract:
The presented article examines the forms of abuse of rights. In legal science and legislation of Ukraine, the category of “abuse of rights” is legally vague and there is no agreed approach to defining the criteria for abuse of rights. The legislator often uses the institution of “abuse” as part of various legal structures, but does not legally establish the content of the general (generalized) concept of “abuse of rights”. This creates problems both for legal practice, legal proceedings, and in the case of the exercise of rights by their owners and owners.Abuse of law means the formally lawful behavior of the subject of legal relations, which leads to a violation of the rights and legitimates interests of others, incompatible with the fundamental principles of legal regulation.However, the content of the term "abuse of right" (rights) is in the prescriptions; covers individual, sometimes different types of acts. Procedural legislation defines in more detail the content of "abuse of procedural rights", but does not provide an exhaustive list of such acts. The official position of the legislator is that any abuse of rights is unacceptable. Such legal norms are of a protective (prohibitive) nature; they do not always reveal the essence of abuse. The classification of actions on abuse of rights contains not only formal, purely theoretical significance, but, in essence, the classification allows, by identifying the most typical cases of the phenomenon under study, to establish trends in the emergence of new types and forms of abuse of rights and to determine the most effective methods and means of overcoming them.The author determined the place of abuse of subjective rights in comparison with socially significant (legal) behavior. It has been established, that abuse of the right is not a type of legally significant behavior. The author's understanding of the concept of "abuse of rights" and its types is offered
Kateryna Mudrytska
ScienceRise: Juridical Science pp 41-46; https://doi.org/10.15587/2523-4153.2020.218545

Abstract:
An important precondition for making a lawful and reasoned court decision is to establish the facts of the case, ie a certain range of facts, to which the law relates the legal consequences. They confirm the claims and objections of the parties and are crucial in the process of proof. Given the principles of equality of all participants in the trial before the law and the court, the adversarial nature of the parties, this institution is an important and necessary element of a fair, impartial and timely resolution of disputes by the court.In order to properly resolve disputes in cases of protection of intellectual property rights, which are subject to commercial courts, it is necessary to analyze and establish the actual relationship of the parties in a particular case. To this end, the court should find out whether the defendant has in fact committed violations, affecting the plaintiff's legitimate interests, and whether the defendant has an obligation to restore the plaintiff's rights. However, it is clear that the study of all the circumstances of the case of any commercial dispute is carried out by the court only by examining the evidence that contains information about the facts and information.The article considers the importance of the results of sociological research as a new type of evidence on the examples of dispute resolution by commercial courts in cases of protection of intellectual property rights regarding the similarity to the degree of confusion with another designation.Based on the analysis of decisions of commercial courts, the question of how often the survey data are accepted by commercial courts, how it affects the probability that such results will be accepted as evidence, how the acceptance of sociological research by the commercial court as evidence influences consideration of the case is studied.
Olga Melnyk
ScienceRise: Juridical Science pp 34-40; https://doi.org/10.15587/2523-4153.2020.219350

Abstract:
Force majeure (force majeure) can cause a significant change in circumstances, which is the basis for termination or change of the contract, and, ultimately, leads to the termination of the obligation (its termination) or the preservation of the obligation in a modified form. Legal regulation of the legal consequences of a significant change in the circumstances that exist at the conclusion of the contract is usually based on one of two key principles of contract law: the principle, according to which contracts must be performed (pacta sunt servanda), or clause (clausula rebus sic stantibus). The legislation of foreign countries contains rules, according to which "a change of circumstances may justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results, incompatible with justice" [1]. The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: - actually change the contract, ie change the terms of the contract (and as a consequence - the obligations between the parties) while maintaining the contract in force; - and termination of the contract by agreement of the parties.If the parties do not agree to bring the contract in line with the circumstances that have changed significantly, or to terminate it, the contract may be terminated on the grounds, established by the Central Committee of Ukraine, amended by a court decision at the request of the interested party: at the conclusion of the contract the parties proceeded from the fact that such a change of circumstances will not occur; the change of circumstances is due to reasons, which the interested party could not eliminate after their occurrence with all the care and diligence, required of it
Victoriia Piddubna
ScienceRise: Juridical Science pp 29-33; https://doi.org/10.15587/2523-4153.2020.216677

Abstract:
The article examines the issues of the legal status of legal entities of public law. At the basis of the division of legal entities into legal entities of private and legal entities of public law, the criterion of the method of creating a legal entity is applied. At the same time, one criterion is not enough to distinguish between these types of legal entities, we propose to supplement this criterion with criteria for the purpose of activity and the degree of dependence of a legal entity of public law on a subject of public law. The article considers the characteristics of a legal entity of public law, which can be classified into general and special. The general ones include: organizational unity, the presence of separate property, acting in circulation on its own behalf, civil liability; special features include: creation in an administrative order; satisfaction of the state interest; do not own a property. The article analyzes the issues of responsibility and legal regime of property of legal entities of public law. Today, the search continues for an effective model of property law regarding the legal regime of legal entities of public law. As a replacement for limited property rights, such as the right of economic management and the right of operational management, a property management agreement is proposed. The issues of correlation of the concepts "subject of public law" and "legal entity of public law" are investigated. These concepts should not be identified, since the concept of a legal entity of public law is broader in scope than the concept of public law formation
Iryna Zharovska, Vitaliy Kovalchuk
ScienceRise: Juridical Science pp 11-15; https://doi.org/10.15587/2523-4153.2020.218559

Abstract:
The article is devoted to the study of the acceptability of the introduction of digital technologies in the electoral process and their compliance with democratic standards.It is indicated, that the Recommendation CM / Rec (2017) revised the problematic aspects of the legal regulation of electoral technologies in accordance with the current stage of development of science and information technology and today remains virtually the only agreed act, containing requirements for electronic voting. The most common digital technologies in the election process are highlighted: devices for direct recording of electronic voting without a paper ballot form; means of scanning the ballot; technical mechanisms for speeding up the counting of votes; online voting system via a computer or mobile device with Internet access; a device for voter identification online or at a polling station (including by recording fingerprints or the retina). The following essential principles of this method of election are summarized: clarity of procedure, reliability, stability of electoral legislation and broad public support.The authors highlight the following advantages of the electronic election system - the presence of a coordinated, verified, labile voter register; increases administrative efficiency; reduces long-term costs of financial and labor resources; eliminates the possibility of manipulation; speeds up the counting of votes; improves political transparency; overcomes the problems of ignorance of the electorate.The article proves that elections, referendums or other forms of democracy, conducted using digital technologies, must meet the requirements and general principles of suffrage. Legitimation of digital technologies is possible only in the absence of discriminatory advantages. Therefore, the possibility of using digital technologies is possible in the case of organizing the technical perfection of the electronic voting system and counting of votes, as well as their alternatives, along with the classic form of voting
Anastasiia Pidgorodynska
ScienceRise: Juridical Science pp 53-59; https://doi.org/10.15587/2523-4153.2020.220586

Abstract:
The article is devoted to the differentiation of the procedures for extradition of a person, depending on the procedure for implementation, into ordinary and simplified ones, as well as the study of the procedural mechanism for extradition of a person in a simplified manner, taking into account legislative changes, related to ratification of the Third Additional Protocol and the Fourth Additional Protocol to the European the convention on extradition of offenders. The procedural features of the simplified extradition procedure are associated with a specific mechanism for its implementation, in which certain subjects of criminal proceedings are involved, exercising the rights and obligations, provided by law: the authorized (central) body of Ukraine, the competent authorities of Ukraine (the prosecutor), as well as the investigating judge, the head of the institution of preliminary detention , defender, if necessary – translator. In the investigated order of extradition, the following are special: conditions and grounds for application, subject composition, terms, procedural acts, restrictions on appeal. Simplified extradition can be applied only with the written consent of the requested person, approved by the investigating judge, before the decision on extradition is made by the authorized (central) body of Ukraine upon request. Simplification of extradition proceedings is aimed at accelerating the latter, saving procedural time and money, as well as reducing the time frame for the application of measures of criminal procedural coercion. The legality of actions, decisions when deciding on the application of measures of criminal procedural coercion (detention, temporary, extradition arrest, the use of preventive measures not related to detention), as well as the voluntariness of consent to simplify the procedure and understanding of the consequences of this is ensured by the investigating judge by implementing judicial control. Facilitation of extradition contributes to the international fight against crime, but must be carried out with respect for human rights and fundamental freedoms and the inadmissibility of violations and lawlessness
Olena Golovash
ScienceRise: Juridical Science pp 4-10; https://doi.org/10.15587/2523-4153.2020.219376

Abstract:
Global trends and global transformations, caused by the demands of modern life, the intertwining of economic, social, political and many other factors, have led to the gradual integration of European countries, the formation of a global information field, the growing interdependence of "national" economies. The genesis of the rights of national minorities is a closed issue for the general public, a historical path, taken by national minorities in the direction of establishing a modern system of human rights protection and building a new international order that has not only theoretical, but also practical significance.At the same time, there are attempts to resist the processes of internationalization, autarky, recurrences of imperial thinking, nationalism and growing intolerance of members of the minority. Often, both at the household level and in the official political and legal doctrine, the wrong formula of ethnocentrism works, according to which it seems enough to "close borders" or "self-determine" to solve any problem, but life refutes these illusions, which is confirmed by the conclusions of the article.It is no coincidence, that legal science has not yet developed a generally accepted concept of "national minority", and often in official documents and scientific works, national minorities are not separated from other social groups (linguistic, religious, racial and others) and from the broader category of "minority". It is obvious, that the problem of scientific definition of this concept is determined by the complexity and multifaceted problems of building a democratic state, governed by the rule of law
Natalia Kuzmenko
ScienceRise: Juridical Science pp 16-22; https://doi.org/10.15587/2523-4153.2020.220832

Abstract:
The article examines the organizational and legal aspects of the process of liquidation of national districts and village councils in the Ukrainian SSR in the 1930s. It was established, that the formation of national administrative-territorial units in the 1920s - early 1930s contributed to the involvement of representatives of national minorities in the main measures of Soviet state formation, the growth of their socio-economic and national-cultural level, ensuring the realization of constitutional rights of national minorities. It was found out, that at the stage of establishment of the totalitarian regime, the leadership of the USSR began to see the existence of national districts and village councils the threat of isolation of the population from the holistically built Soviet propaganda system and the impediment to the implementation of total control over society. In new Constitution of the USSR in 1936 and developed on its basis constitution of the USSR in 1937 constitutional and legal guarantees of existence of national districts and village councils disappeared, which in conditions of Soviet reality meant their rapid further elimination. It is determined, that a kind of catalyst that accelerated the process of liquidation of national administrative-territorial units was the introduction of the policy of deportations and mass political repression against representatives of national minorities in the second half of the 1930s. It is emphasized, that the requirement to eliminate national districts and village councils was adopted in December 1937 by the highest party leadership of the USSR. It was proved, that the process of liquidation of national districts and village councils in Ukraine had a number of features, due to both the deployment of the propaganda campaign for the election of the first composition of deputies of the Supreme Soviet of the USSR in the spring of 1938, and further organizational preparation for the January 1939 re-census of the population of the USSR, which led to the temporary leaving of national areas and village councils as the current administrative-territorial units. It was established, that national districts and village councils in the Ukrainian SSR ceased to exist in the spring of 1939 on the basis of the relevant resolution of the Central Committee of the Communist Party (b) and the resolution of the Presidium of the Supreme Soviet of the USSR
Lidiia Paliukh
ScienceRise: Juridical Science pp 47-52; https://doi.org/10.15587/2523-4153.2020.220341

Abstract:
The article formulates the general provisions that make up the concept of criminal-legal protection of public relations, proposed by the author regarding the implementation of judicial proceedings and the execution of court decisions in the new Criminal Code of Ukraine. In particular, the general approaches, principles, directions concerning construction, development of the criminal law norms are defined; based on this, some common approaches have been proposed for the formulation of the characteristics of certain components of criminal offenses against justice, to the differentiation of criminal liability for criminal offenses against justice. Among the main directions of development, improvement of relevant criminal law norms, based on the directions of criminal law policy development in Ukraine, are ensuring compliance of these norms with the rule of law (including its aspect as legal certainty), ensuring compliance with international legal acts, Ukraine joined the case law of the European Court of Human Rights (hereinafter - the ECtHR).The author has been proposed a model of systematization of the rules, which establishes liability for encroachment on public relations with a common generic object which is public relations for the judicial proceedings and execution of the court decisions in the Special Part of the Criminal Code. Within the proposed sections of the Special Part of the Criminal Code, the Code of Criminal Offenses, which are proposed to be called «Crimes against the established order of judicial proceedings and execution of court decisions», «Criminal offenses against the established order of judicial proceedings and execution of court decisions», has been proposed to allocate separate chapters, separate groups of criminal offenses, based on the commonality of their specific object; proposed common approaches to the formulation of the characteristics of the relevant components of criminal offenses, the differentiation of criminal liability for them.
Viktor Lazariev
ScienceRise: Juridical Science pp 10-13; https://doi.org/10.15587/2523-4153.2020.213441

Abstract:
The article examines incentives in law, because legal incentives are a strong lever of motivational pressure, the most important means of educated modern human. It is emphasized. that legal incentives are an effective tool of public administration, a way to solve existing economic and social problems. It is determined, that the subject of legal incentives is the "own" interest of the subject.The approaches of a number of researchers concerning the division of legal incentives into positive and negative are given. A comparison is made between legal restrictions and incentives in law. Criteria are given that separate legal incentives from legal restrictions. It is noted, that all legal means of coercion as incentives should be used in such a way that they can have a positive impact on a particular convict in the implementation of an individual program of correction, and on the activities as a whole. In the future, it is emphasized, that legal incentives as positive factors often include all legal means and in the case when they contribute to the goal of law - direct people's behavior in the right direction.It is noted, that negative incentives are an integral part of maintaining law and order in the state, as it aims to influence a person, forcing him/her to do so by restricting his/her opportunities through coercive measures by the state. Negative incentives take on the role of restrictions, affect the subject by narrowing the scope of opportunities through "negative" legal motivation and coercive measures, while playing the role of a general regulatory legal instrument. At the same time, negative incentives are those significant levers on the part of the state that aim to prevent illegal behavior of a person and force him/her to commit lawful behavior, through the possibility of using state coercion or prosecution
Oksana Cherniak
ScienceRise: Juridical Science pp 39-43; https://doi.org/10.15587/2523-4153.2020.213826

Abstract:
The author traced the interaction and conflicts of law and morality in a situation, when the original attorney has decided that he or she are no longer willing to carry out this role. The issue is relevant due to the expansion of the legal market and the increase in the number of lawyers in Ukraine in recent years. The work summarizes new research philosophical and legal aspects of the attorney’s recommendations in the course of replacements in the middle of a representation. There is an ethical obligation for lawyers to competently represent their clients in all life circumstances and it is not uncommon for lawyers to think differently about the case. Particular attention is paid to the circumstances, where the replacement of an attorney may need to step in. The circumstances of substitution of lawyers are analyzed and the principles of lawyer ethics, the main works of scientists dealing with the ethics of advocacy are studied. Also, the definitions of the concept of "original attorney" are given.The main conclusion of the study was that the relationship between attorney’s during replacements is necessary to regulate and those, who have approached a lawyer, can look for advice on lawyers, who could replace them in the event of a threat of force majeure. In the author opinion, interaction between lawyers is an organic part of the relationship with the client and this issue requires careful consideration of the legal profession to capture the benefits for access to justice in case of switch attorneys halfway of a representation. The article will be helpful in solving the issues, arising from attorney’s replacement in in the practice of law
Viacheslav Krahlevych
ScienceRise: Juridical Science pp 14-19; https://doi.org/10.15587/2523-4153.2020.212491

Abstract:
In this article the author examines the problems of interpretation and constitutionality of the Law of UkraineNo. 590-IX of 13.05.2020 "On Amendments to Legislative Acts of Ukraine to Improve Some Mechanisms for Banking Regulation" No. 590-IX, which entered into force on 23.05.2020.In the context of this, the author analyzed the provisions of this Law for its compliance with the Constitution of Ukraine and international law, in particular with the principle of legal certainty and inadmissibility of retroactive effect of the law in time. To this end, the author examines and analyzes a number of decisions of the Constitutional Court of Ukraine and the case law of the European Court of Human Rights.In particular, the author analyzed the provisions of the Law No. 590-IX for its compliance with Article 55 of the Con-stitution of Ukraine and Art. 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms in terms of the right to effective judicial protection and restoration of violated rights. The author also examined the ter-minology, used in the Law No. 590-IX for its clarity, unambiguity and compliance with the principle of legal certainty.In this context, there were analyzed such decisions of the Constitutional Court of Ukraine as the decision of the Con-stitutional Court of Ukraine of 25 December 1997 in the case No. 9-zp, the decision of the Constitutional Court of Ukraine of 09.02.99 N 1-rp / 99, the decision of the Constitutional Court of Ukraine of April 5, 2001 No. 3-rp / 2001, decision of the Constitutional Court of Ukraine of January 26, 2011 No. 1-rp / 2011.In addition, this article considers and studies the practice of applying the rules of this law by the courts of Ukraine in the context of real legal relations.Based on the above, the author made a comprehensive analysis of this law, identified its shortcomings and proposed ways to eliminate them and suggestions for improving this law
ScienceRise: Juridical Science pp 20-26; https://doi.org/10.15587/2523-4153.2020.213645

Abstract:
Legal adjusting of the phenomenon of denouncement of a labour contract in connection with the educed disparity of a worker to a held post or executed work now is not covering the whole spectrum of features of grounds of such denouncement that predetermines the necessity of research of descriptions of its separate grounds. The purpose of the article is an exposure of the lacks of adjusting of denouncement of labour relations on the initiative of an employer in connection with the educed disparity of a worker to a held post or executed work and suggestion of ways of their solution. During the realization of the indicated research the following methods were used: dialectical, logical-legal, analysis and synthesis. By means of analysis and synthesis, the essence of grounds of labour contract denunciation because of disparity to a held post or executed work was described, and also basic ideas and vectors of development of the legal adjusting are educed and compared, in particular categorical apparatus within the limits of the research article. A dialectical method allowed to investigate general properties, copulas and conformities to law, that arise at the exposure of disparity of a worker to a held post or executed work. A logical-legal method was used for the formulation of suggestions in relation to further perfection of the legal adjusting of the institute of labour contract denunciation on the initiative of an employer. The results consist of the exposure of the importance of grant of the right to employers to denounce a labour contract at presence of corresponding grounds and substantiation of the necessity of improvement of positions within the limits of the considered theme, envisaged by the current legislation. Conclusion. The imperfection of the existent presently legal adjusting of exposure of disparity of a worker to a held post or executed work, resulted in labour contract denunciation, is manifested in gaps of the categorical apparatus within the limits of the considered question, in particular in absence of clear fixing of the concept "insufficient qualification", absence of the regulated methods of its exposure, direct obligation of an employer to break labour relations with a worker in statutory cases, is a limitation of him/her in the right to make a decision independently, is a considerable obstacle to an employer in establishment of an effective method of work execution and improvement of results of such execution
ScienceRise: Juridical Science pp 34-38; https://doi.org/10.15587/2523-4153.2020.214105

Abstract:
The article is devoted to the study of certain aspects of communication of the victim in criminal proceedings in the form of private prosecution. It is noted, that the procedure of criminal proceedings in the form of private prosecution is almost not regulated by Chapter 36 of the CPC, as the norms that should regulate it are either absent or contained throughout the CPC. Therefore, the development of proper legal regulation of private prosecution as a separate proceeding is a topical industry issue.This, in turn, requires a significant revision of the basic foundations of normative regulation of the victim in criminal proceedings in general, including the rights of the victim, his/her procedural status at all stages of criminal proceedings, the starting mechanism to ensure the legal rights and interests of the victim during criminal proceedings.It is stated, that in order to protect the rights and legitimate interests of the victim in criminal proceedings, the law should provide for the possibility of initiating criminal proceedings (pre-trial investigation) in the form of private prosecution in case, when the victim is unable to bring an application in action by own will. In this regard, it is proposed to amend Part 1 of Art. 477 of the CPC, paragr. 2 part 7 art. 55 of the CPC
, Ayalew Abate Bishaw, Jonathan Gesell Mapa,
ScienceRise: Juridical Science pp 52-59; https://doi.org/10.15587/2523-4153.2020.213985

Abstract:
The concept and the rights of environmental refugee have attracted national, international governance and scholars’ attention. I have tried to analyses through descriptive and explanatory approach the current trend of environmental refugees’ legal protection and its limitation and achievement. Thus, the objective of this research work is first to review legal scholars’ work, relating to environmental refugees to show the current trend, relating to environmental refugees protection. Second, to analyse the existing legal framework to show, whether it adequately has governed the issue of environmental refugees’ rights and identify the gap. Third, it explains the ways forward. The international refugee law (the 1951 refugee convention and the 1969 OAU refugee convention), the international environmental law, international law on Stateless persons, the international human right law and the system of temporary protected status. Environmental refugees could be referred otherwise as environmental migrants, environmentally displaced persons, climate refugees, climate change refugees, environmental refugees and ecological refugees, thus it implies the same thing in this context. The legal concepts are making that definition, such as well-founded fear, persecution, crossing international border, exclusion from refugee status (undeserving cases), and cessation of refugee status. The UN High Commissioner for Refugees state that 36 million people were displaced by natural disasters in 2009, and about 20 million of those were forced to move for climate change-related issues. According to other estimates, there could be as many as 150 million by 2050. In accordance with the estimates of UN Environment Programme, by 2060 there could be 50 million environmental refugees in Africa alone.
, Vitaliy Kovalchuk
ScienceRise: Juridical Science pp 4-9; https://doi.org/10.15587/2523-4153.2020.213123

Abstract:
The article considers the problems of discrimination of persons on the basis of age criteria. Particular attention is paid to the problem of discrimination against the elderly.It is stated, that aging is a global problem due to its dual nature. On the one hand, we can say about the trend of increasing life expectancy, which is a consequence of the development of science, medicine and biotechnology, on the other hand, the cause of aging is the low birth rate, which falls annually.One of the legal manifestations of the population aging is increasing discrimination. Health status, type and level of activity, labor productivity and other socio-economic characteristics of the elderly change significantly. New measures and concepts of population aging have significant consequences for assessing the standard of living and living conditions of this category of people, their productive rate and other contribution to society and their needs for social protection and health care. Age discrimination is positioned as one of the manifestations of prejudice, associated with the so-called ageism, the spread of presumed group features, related to age, to persons belonging to the appropriate age group, regardless of their individual characteristics.It has been proven, that despite the significant positive axiological aspects of public health care, the interplanetary trend of an aging nation carries global challenges, including social and economic challenges, tax, communication, psychological and legal.Age equality ensures equal participation in society for people of all ages and is an important factor in the legal policy of democracy states. The problem of age discrimination is complex, discrimination in old age is rare for reasons only of old age, more often it is based on multiple factors of social, economic, gender, labor criteria.The authors single out the types of age discrimination in the following areas: in the socio-economic sphere; labor discrimination; in the field of social activity and communication, gender and age discrimination
Nataliia Kravchenko
ScienceRise: Juridical Science pp 44-51; https://doi.org/10.15587/2523-4153.2020.214010

Abstract:
The scientific article "international legal status and regime of the exclusive economic zone and the high seas: comparative characteristics" is devoted to the study of the general understanding of the categories "exclusive economic zone", "high seas", as well as the definition of the international legal status and regime of the exclusive economic zone and the high seas, including for Ukraine as a maritime power, participating in activities for the use of the World Ocean. It is noted, that according to its legal status, the exclusive economic zone is an international territory and part of the high seas. Freedoms of the high seas are exercised within the exclusive economic zone, taking into account the peculiarities of its regime. Attention is focused on the fact that the international legal regime of the exclusive economic zone is determined by the special rights and obligations of the coastal state, as well as by certain rights of states that are landlocked or in a geographically disadvantaged position, which gives grounds to characterize the legal regime of the exclusive economic zone as a «sui generis». It is noticed, that the use of the territory of the high seas is determined by international law, that is, the high seas belongs to the international legal regime, is determined by the principle of freedom of the high seas and, by its status, is an international territory, not subject to national appropriation. It is emphasized, that the open sea includes a sea space with a specific legal regime (sui generis) - an exclusive economic zone, where the coastal state has separate rights and jurisdictions on the basis of international law. According to its status, the exclusive economic zone is part of the high seas, but the regime of the high seas in the exclusive economic zone is limited in terms of two freedoms - fishing and scientific research. In addition, the purpose of this scientific study, according to its results, is to highlight certain generalizations, definitions and conclusions, aimed at further processing the theoretical and practical problems of the indicated topic; in law-making activities; for teaching legal disciplines, writing textbooks, manuals, courses of lectures, teaching materials
Andrey Gabrelyan
ScienceRise: Juridical Science pp 27-33; https://doi.org/10.15587/2523-4153.2020.213796

Abstract:
As a result of the study, a number of scientific provisions were obtained that are important for the practice of applying the administrative law. Investigating the legal signs of engaging in prostitution, it is necessary to correctly establish the object of this offense, that is, to determine those social relations that are harmed and which are under the jurisdiction of norm 181-1. The article proves the thesis that the generic object of the offense under Art. 181-1 will mainly advocate public health rather than public order and public safety. It is proposed to understand the population health as social relations as a set of favorable conditions for the functioning of a living organism. Attention is focused on the fact that only street prostitution (the lowest type of prostitution) will encroach on public order, when a prostitute person offers his/her services – «advertises him/herself», searches for clients or provides his/her services in public places (entrances, underground passages, parks, squares, etc.). In other cases, these actions take place covertly and in no way can violate public order. On the basis of this, a proposal is made to transfer the corpus delicti «Engaging in prostitution» from Chapter 14 «Administrative offenses infringing on public order and public safety» to Chapter 5 «Administrative offenses in the field of labor protection and public health». After analyzing the scientific works on the issue under consideration, it was found, that public morality in the intimate sphere acts as the direct object of the offense. At the same time, the object of prostitution largely depends on how this phenomenon is perceived in society. If it is negative, then the harm to the immediate object will have a pronounced character, if it is neutral, then prostitution will not harm public morality in the intimate sphere and will not create such a threat
Olena Dashkovska, Olha Yavor
ScienceRise: Juridical Science pp 4-10; https://doi.org/10.15587/2523-4153.2020.207873

Abstract:
The article is devoted to analysis of international law and norms of the operating civil legislation of Ukraine, which regulates the order of removal of a child from the country of permanent residence. The content of the principle of the best interests of a child identified a number of issues, which in practice can lead to the adoption of unreasonable decisions to return a child from abroad.Separately stated that the child should grow up in conditions of care and responsible parenting in an atmosphere of love, moral and material security; juvenile children, except when there are exceptional circumstances, should not part with their parents.The article analyzes the issues that arise, when the court is considering the cases of "the return of the children", when some courts mistakenly determine the jurisdiction of the following categories of cases, not paying attention to the fact that the court may consider the case both at the location of the defendant and the child, and at the location of the Ministry or its territorial bodies (alternative jurisdiction).The attention is paid to the fact that an important issue in the consideration of this category of cases about the return of a child is too long, in accordance with international law. These things are subject to quick consideration, in practice, there is a violation of the reasonable time of proceedings.Ukraine became party to the Convention on the civil aspects of international child abduction, has made a commitment to take all necessary measures to join the international cooperation mechanism that allows to solve questions of the organization in an orderly and rapid return of illegally removed or retained children, who have suffered from the consequences of wrongful conduct of one of parents or other family members, actions, which violated the rights of parents regarding child care, because the immediate return of the child allows to protect his\her rights and to prevent the infliction of moral harm and suffering
Ganna Ozernyuk
ScienceRise: Juridical Science pp 24-28; https://doi.org/10.15587/2523-4153.2020.208016

Abstract:
The scientific article is devoted to the videoconferencing in court proceedings by international law and the law of some European Union countries. The videoconferencing definition, the right to justice protection on the main international legal sources about the trial regulation and human rights to justice protection bases are studied, the procedural stages of court hearings by videoconference are analyzed.Carrying out comparative legal research at our country present stage legal transformation and development, especially related to the emergence of new, modern legal relations, is primarily due to the need to receive international and foreign experience and, consequently, improve current national legislation.It has been established, that the latest technologies introduction in the judicial process at the national and international levels has both advantages and disadvantages and is closely related to the protection and implementation of the right to justice. Normative legal acts about the right to justice consolidation are primary regarding the right of participants in court proceedings to participate in it by videoconference.The attractive side of conducting court hearings online includes: the availability of litigation for all participants, regardless of their location, saving time and money, compliance with legal requirements for the duration of litigation, and so on.Despite the general legal consolidation of the possibility of holding videoconferences in Ukraine and the EU, the procedural features of the rights and obligations of participants in such proceedings remain unclear, as well as unspecified issues regarding the application of different types of technical equipment depending on the conditions of video calls, the possibility of holding meetings outside the court in emergency conditions, etc.
Mykhailo Marchenko
ScienceRise: Juridical Science pp 11-18; https://doi.org/10.15587/2523-4153.2020.198457

Abstract:
The article is devoted to fundamental freedoms such as the right to respect for human dignity and the right to health protection in the legal framework of the European Union.Respect for the human being as the unique bio-psychosocial value, recognition and ensuring his/her rights and freedoms, dignity and honor, in particular by providing an access to minimal social benefits which can enable an adequate living standard as well as guaranteeing by a government of its country the protection against encroachments on above mentioned legal categories, these are the unswerving standards on which is based the legal ideology of the developed European countries. The effectiveness of a certain inherent human right is defined by real results which can be achieved by the implementation of legal rules. A government should carry out legal and organizational arrangements in order to accomplish desirable results.Obviously, the democratic legal framework should protect human’s right and freedoms, reproduce and implement the principles of the rule of law, ensure a «quality» of a law on the level of national law. All above mentioned should be done because a legal framework should implement legal provisions on the idea that a human is the highest social value.The quality of the European legal framework is in the protection of the values, common to whole mankind, cultural heritage, both at the level of primary and secondary legal rules as well as at the level of constitutional legislation.The major task of the legal framework is creation, implementation and realization of the clearly-defined and stable legal ground for the full range of social relationships and its dynamics
Yehor Bulychov, Yevhen Leheza
ScienceRise: Juridical Science pp 34-42; https://doi.org/10.15587/2523-4153.2020.198659

Abstract:
The scientific article is devoted to the characteristics of the procedure of providing administrative services in the field of taxation and fees. In Ukraine, the procedure for providing administrative services in the field of tax and levying needs to be improved. After all, in the Law of Ukraine “On Administrative Services”, the characterization of the mechanism of the procedure of providing administrative services in the field of taxation and collection contains only formal aspects and is reflective of other normative legal acts, which, in turn, leads to its own and quite opposite interpretation of norms by subjects of public administration.Regarding the directions of improvement of the procedure of providing administrative services in the field of taxation and collection there are: development and adoption of the Law of Ukraine "On Administrative Procedures"; the amount of payment for types of electronic services should be determined solely by laws, not by-laws; development and adoption of the Law of Ukraine “On Administrative Fee”, which should unify the name of the fee for administrative services; it is necessary to define uniform rates of administrative fees for all types of administrative services.The stages of the procedure of providing administrative services in the field of taxes and fees are established: 1) acceptance of documents and applications, their registration in accordance with the Model Instruction in the Central Executive Bodies, the Council of Ministers of the Autonomous Republic of Crimea, local executive bodies, approved by resolution Ministers of Ukraine dated November 30, 2011 No. 1242; 2) check of the completeness of the documents, the accuracy of the information provided, which can be carried out by inspecting and photographing the storage facilities, the surrounding area, checking the compliance of the storage facilities with the information, specified in the documents, attached to the application for authorization. According to the results of the “actual” inspection, an act is drawn up. The term of verification of both documents and compliance of future objects of conducting permitting activity is general and should not exceed 10 working days on the day of registration of the application; 3) making a decision on granting a permit or refusing to grant a permit, issuing a relevant decision by an order occurring within no more than 3 working days from the date of drafting the act; 4) registration of the object of permitting activity in the respective Register; 5) sending to the applicant an extract from the Register
Elvira Khanaeva
ScienceRise: Juridical Science pp 19-23; https://doi.org/10.15587/2523-4153.2020.200169

Abstract:
The article is devoted to the constitutional foundations of judiciary in Ukraine. According to article 6 of the Constitution of Ukraine, state power in Ukraine is divided into three main branches – legislative, еxecutive and justice. For each of these branches there is a corresponding system of foundations and principles that determine their essence and specific features of organization and functioning of the mechanism of the state. They play a key role for the judiciary in Ukraine. Appropriate due to the main objective of the national judiciary – a provision of the capacity for each person to exercise their right to a fair trial,based on the rule of law.Considering the issues, it is first necessary to pay attention to the essence of the concepts "foundations" and "principle" as constitutional categories. It should be noted, that these concepts have the same meaning for the expression of fundamental ideas and leadership directions of the organization and functioning of all basic constitutional legal institutions in Ukraine. The concept of the constitutional foundations of justice in Ukraine, given the position on the advisability of securing the appropriate category in the position of art.129 of the Constitution of Ukraine, which is a basic norm in the system of foundations and principles of the judicial branch of power and its legal effect on the reflection, is refined in laws and procedural codes.Now the issue of the constitutional foundations of justice in Ukraine and their impact on the judiciary is considered in a significant amount of research in the field of science of constitutional law of Ukraine. The corresponding trend and the relevance of the question of the constitutional principles of justice are due to the constant development of constitutionalism and the process of reform of the judiciary in Ukraine. However, it must be concluded, that the constitutional foundations of judiciary, which are presented in art.129 of the Constitution of Ukraine is the basis of the foundations and principles of justice in Ukraine, which determine the organization and functioning of judiciary at the constitutional level, and are also constitutional guarantees of protection of rights and interests of people in court proceedings
Oleksiy Shevchuk
ScienceRise: Juridical Science pp 29-33; https://doi.org/10.15587/2523-4153.2020.199930

Abstract:
The article analyzes the legal nature and constitutional status of the legal acts of the National Agency of Ukraine for finding, tracing and management of assets, derived from corruption and other crimes (abbr. - Asset Recovery and Management Agency or ARMA) as a central executive body with special status. The features of the central executive bodies with a special status as an integral component of the executive branch and the state mechanism as a whole are considered. It has been established, that the special status is determined primarily by the special social role of this category of central executive bodies. The place and role of the National Agency of Ukraine for finding, tracing and management of assets, derived from corruption and other crimes in the system of executive authorities is determined. It has been established, that this body occupies an intermediate place between law enforcement agencies, engaged in the fight against corruption, and organized crime, as well as other government bodies. It is this circumstance that is the reason for the existence of a rule-making function in this body. In particular, this concerns the right of the ARMA to issue by-laws - an order - on matters, referred by law to its jurisdiction. The main problems on the implementation of the legislative function of this authority and ways to solve them are determined. In particular, it is proposed to expand the legislative capabilities of the National Agency of Ukraine for finding, tracing and management of assets, derived from corruption and other crimes, in order to avoid possible conflicts with the Cabinet of Ministers of Ukraine and other central executive bodies. In particular, it is proposed to consider the possibility of endowing the said agency with the right of direct legislative initiative to regulate public relations in the field of identification, search and asset management
Georgiy Samoylenko
ScienceRise: Juridical Science pp 25-31; https://doi.org/10.15587/2523-4153.2019.188138

Abstract:
The article is devoted to topical issues of securing the rights of the passenger under the legislation of Ukraine. A comparative analysis of the transport legislation of Ukraine with that of the EU has led to the conclusion that not all passenger rights, which they rely on in the present civilizational context, are now legally enshrined. The extent of their provision is currently minimal. Oddly enough, the right to safety did not find its normative regulation either in the acts of transport and civil legislation, or in the Constitution of Ukraine. In the author's view, it must be at the forefront of such fundamental natural human rights as are relevant to human life and health. It should be the main criterion for the proper performance of the contract of carriage of passengers by the carrier.The author insists that the legislation of Ukraine should enshrine the rights of the passenger, which constitute not only the content of the design of the obligation to carry the passenger, but also personal non-property rights, the exercise of which is correlated with the manner of performance of the contract of carriage of the passenger, depending on the technical features of the operation of different modes of transport. as is the case under EU law. These include the right to security, to non-discrimination, to mobility, to accessibility, to assistance, to guarantees of protection, to compensation in case of violation, to the availability of protection, to the right to be heard, to the proper application of national law.These rights should receive regulatory support that formalizes a harmonious combination of legal, organizational, ideological, economic and social components. The legal regulation of certain legal guarantees, in particular the peculiarities of exercising the right of defense and the use of instruments of civil liability of the carrier for improper performance of contractual obligations and / or violation of the rights of passengers (penalties - compensation) can be applied differently by types of transport. But they have to be. Otherwise, it is possible to state the declaration of the passenger's rights
Ihor Ierusalymov, Vladyslav Ierusalymov
ScienceRise: Juridical Science pp 49-55; https://doi.org/10.15587/2523-4153.2019.187931

Abstract:
Detection specifics of criminal offenses, connected with domestic violence, is actually standing not only at the Ukrainian, but also on agenda of worldwide lawyers, and emphasized at the highest international venues, among them, in particular, officials is the Council of Europe. The urgent problem is not only the detinization of this type of crime, but also the elaboration of comprehensive mechanisms for detecting and fixing offenses, related to domestic violence in order to effectively punish offenders and take preventive measures. Besides, it must be noted on preparing a list of indicators for accounting for cases of domestic violence and gender-based violence by central authorities, as well as improving mechanisms for identifying, documenting, responding, investigating cases of domestic and gender-based violence against women and girls, and bringing those responsible to justice. The involvement of the public society, including their interaction with law enforcement agencies, in reporting cases of domestic violence offenses and developing preventive measures to combat these crimes is also important in identifying the crimes area, related to domestic violence. Regarding the activities of law enforcement agencies, attention should be drawn here to the national police, as the main body, charged with implementing enforcement policy in this area. An important condition in the sphere of prevention is their development and transformation, in accordance with the current challenges of the time, an example of which is the project of the national police "POLINA"
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