ScienceRise: Juridical Science

Journal Information
ISSN / EISSN : 2523-4145 / 2523-4153
Published by: Private Company Technology Center (10.15587)
Total articles ≅ 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
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