Scientific Notes Series Law

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ISSN / EISSN : 2522-9230 / 2522-9249
Total articles ≅ 54
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T. Milova, Volodymyr Vynnychenko Central Ukrainian State Pedagogical University
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-19-24

Abstract:
The article is devoted to the characteristics of the security order as one of the acts of the Constitutional Court of Ukraine and the practice of its application. It has been noted that the introduction of this executive document into the practice of the body of constitutional jurisdiction is due to the beginning of the functioning of the institute of constitutional complaint in Ukraine. Also it has been noted that the basis for securing a constitutional complaint is the need to prevent the irreversible consequences that may occur in connection with the execution of the final court decision. The way to ensure a constitutional complaint is to establish a temporary ban on certain actions. The article analyzes the first security order of the Constitutional Court of Ukraine and highlights the debatable issues that arose after its publication. Particular attention has been paid to the study of the most significant problems related to the legislative consolidation and functioning of the institution of the security order. The issues concerning the authorities of the Constitutional Court of Ukraine authorized to issue a security order have been analyzed. It has been stated that, along with the Grand Chamber, it is expedient to grant this right to the Senate, as they are the main subject of consideration of constitutional complaints. The boards are invited to give the right to take an immediate initiative to the senates to resolve the issue of issuing a precautionary order in case of sufficient grounds. The problematic aspects of the current legislation on the formulation of the grounds for securing a constitutional complaint have been identified. Such a feature as the "irreversibility" of the consequences as the basis for issuing a security order is considered. In analyzing the consequences of the execution of a court decision from the point of view of its reversibility, attention is paid to the intermediate nature of such consequences, is partially reversible. It has been recommended to grant the subject of the right to a constitutional complaint the right to apply to the Constitutional Court of Ukraine with a corresponding petition to secure a constitutional complaint. During the disclosure of this issue, the relevant bills aimed at improving the legal nature of the security order in the practice of the Constitutional Court of Ukraine have been analyzed. It has been noted that the institution of the security order of the Constitutional Court of Ukraine needs further research, substantiation of key aspects of the relevant legislation and appropriate practical application.
A. Manzhula, Volodymyr Vynnychenko Central Ukrainian State Pedagogical University, V. Kuripko, Golovanivsky Rvp Gunp In The Kirovograd Region
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-30-33

Abstract:
The article is devoted to the legal analysis of the peculiarities of concluding agreements in the sphere of economic and trade activity. The article emphasizes that among the civil law contracts, which are the basis for the obligation, a special place is occupied by the trade and economic contract. It is noted that the trade and economic agreement does not mean a separate type, but a set of agreements with a number of such inherent qualities that necessitate to establish within the general rules of contract law rules common to business agreements only - deliveries, contracts for capital construction, transportation of goods, operation of non-public railway access roads, etc. The commonality of these agreements is expressed in a number of features, which are also covered in this article. It is emphasized that trade and economic agreements pursue certain economic goals and serve economic activities. It is noted that the specifics of trade and economic agreements is that they are or are planned. It is recorded that the forms of economic and trade activities include: logistics and sales (supply and purchase and sale); energy supply; procurement (contract of contracting of agricultural products); Wholesale; retail trade and public catering; sale and lease of means of production; commercial mediation in the implementation of trade activities and other ancillary activities to ensure the sale of goods (services) in the field of circulation (agency agreements, commissions, instructions, transport and forwarding activities, etc.). Emphasis is placed on the fact that this commonality of all economic agreements and necessitates the establishment of a number of general rules for them, and therefore it is necessary to study the theoretical basis of the trade and economic agreement.
A. Drahonenko, Volodymyr Vynnychenko Central Ukrainian State Pedagogical University
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-99-103

Abstract:
The article is devoted to the study of certain issues related to the procedural order of completion of the pre-trial investigation and the latest changes that have been made to the criminal procedure legislation. Some shortcomings of the legal regulation of the researched institute are pointed out, in particular, the order of granting access to materials of criminal proceedings, term for acquaintance with them. Peculiarities and problematic issues of the end of the pre-trial investigation with the use of the information and telecommunication system of the pre-trial investigation are considered. A necessary condition for ensuring the constitutional principle of legality in criminal proceedings is the properly organized activities of the pre-trial investigation, prosecutor and court to establish all the facts of the criminal offense in order to achieve objective truth. Legitimate and reasonable decision-making on the termination of the pre-trial investigation ensures the implementation of the tasks of criminal proceedings, which are provided by Article 2 of the CPC of Ukraine. Thus, the legislator notes that the observance of legal procedure at the end of the pre-trial investigation is one of the main guarantees of protection of the rights and legitimate interests of participants in criminal proceedings. Such protection should take place through the strict performance of their duties by authorized bodies and officials. It has been established that changes in the legislation significantly facilitate the work of the defense and other participants in the process of opening and reviewing the materials of criminal proceedings. In addition, these changes will eliminate the possibility for officials conducting inquiries and pre-trial investigations to make corrections or falsifications of criminal proceedings at various stages of the investigation and after its completion. After all, the main protocols and other procedural documents will be uploaded to electronic systems. Unauthorized interference with the operation of electronic information and telecommunication systems will be punished.
V. Teremetskyi, WEST UKRAINIAN NATIONAL UNIVERSITY, O. Rumiantsev, Samara District Court Of Dnipropetrovsk
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-45-48

Abstract:
The article is focused on studying administrative and legal, bioethical issues of xenotransplantation in Ukraine. It has been emphasized that transplantation often remains the only alternative for preserving human life and health as the highest social values proclaimed in the Art. 3 of the Constitution of Ukraine. The importance of transplantation as a method of providing medical care is due to the fact that it involves in most cases the presence of two or more entities – a donor and a recipient. This fact stipulates additional requirements on its proper legal regulation, since it concerns the rights of more parties to such relations. It has been defined that xenotransplantation is a perspective vector for the development of medical science, which may compensate for the shortage of donor human anatomical materials in the nearest future. It has been established that the most important issue of xenotransplantation in Ukraine within the legal aspect should be the creation of appropriate legislative provision and appropriate amendments into the current national legislation. It has been emphasized that the main problem of xenotransplantation is the current reluctance of society to such medical innovations due to religious prohibitions, fear of public condemnation, own fears about the possible consequences of such intervention, etc. The authors have concluded that xenotransplantation in Ukraine needs proper legal regulation. It has been substantiated that the most appropriate solution is to approximate national legislation to the principles and guidelines set out in the Recommendations dated from June 19, 2003 No. Rec (2003) 10 “On Xenotransplantation”. The authors have emphasized on the importance of the in-depth discussion on issues related to the ethical aspect of xenotransplantation, in particular the formation of positive public opinion towards the participants of such a procedure and the admissibility of using anatomical materials of animals by human beings in general.
L. Riabovol, Volodymyr Vynnychenko Central Ukrainian State Pedagogical University
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-9-14

Abstract:
The article emphasizes that regardless of the type of model of the law enforcement system that operates in foreign countries, the prosecutor's office plays a special role in them. The purpose of the article is to establish which documents of the Council of Europe bodies have laid the normative and theoretical basis for the reform of the prosecutor's office in Ukraine in the context of European integration, and to determine the relevant provisions of these acts. Based on the content of the European convention, the scientific position is supported that the activity of the prosecutor's office is an effective means of legal protection in case of violation of human rights and fundamental freedoms. An analysis of such documents of the Council of Europe, as: Bordeaux Declaration of 18.11.2009; PACE Recommendations (№ 1604 (2003), № 1722 (2005), № 1755 (2010)); Recommendations of the Committee of Ministers of the Council of Europe to member states (№ 19 (2000), № 11 (2012)); PACE Conclusion № 190 (1995); Opinion of the Advisory Council of European Judges № 18 (2015); Council of Europe Action Plans for Ukraine. It has been established that the prosecutor's office is called upon to play a significant role in ensuring the security of society, the rule of law, human rights and freedoms. It was stated that the PACE pays considerable attention to the organization of the prosecutor's office in the context of the functioning of democratic institutions. Based on the analysis of the listed acts of the CoE bodies, it is concluded that general supervision as a function of the prosecutor's office contradicts European standards, as these bodies are empowered to implement it significantly in excess of those required in a democracy. At the same time, it was found that the relevant European experience is not unambiguous, the scientific position is supported that the supervision of compliance with the law in a democratic state does not violate its democratic character. It was stated that in various aspects of the organization and activity of the prosecutor’s office in the EU countries such a mandatory requirement as the independence of the prosecutor’s office from the legislative, executive and judicial authorities finds its expression.
K. Troshkina, Volodymyr Vynnychenko Central Ukrainian State Pedagogical University
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-33-38

Abstract:
The article is devoted to topical issues of legal regulation of science parks in Ukraine and the world. The study examined the essence of the concept of science park and the genesis of the development of legislation on the activities of science parks. The peculiarities of the types of science parks have been studied. The issue of regulating the activities of the science park as a subject of legal relations is detailed. The general tendencies of the international legal regulation of activity of science parks are defined. The author came to the conclusion that science parks have proven their effectiveness and efficiency in the development, implementation and dissemination of modern innovative technologies, have played a significant role in raising the level of science in Ukraine, as well as in training highly qualified scientists. However, starting in the mid-2000s, almost all indicators of technology parks began to decline sharply. The main reason lies in the state's non-compliance with the law and its constant change, the termination of state support in the form of benefits and reduction of the tax burden, blocking of innovative projects and the actual lack of budget funding for science.
S. Starovoytova, University of Modern Knowledge
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-88-93

Abstract:
The article is focused on the analysis of set of facts of an administrative offense for contempt of court or the Constitutional Court of Ukraine under the Art. 185-3 of the Code of Ukraine on Administrative Offenses. The author has revealed the content of the main elements of the set of facts of an administrative offense for contempt of court or the Constitutional Court. It has been indicated that, unlike the established affirmation, the object of an administrative offense is not public relations in the field of judicial proceedings, but their specific element – it is the obligation of participants of the trial to comply with the established rules of conduct as part of the content of procedural legal relations. It has been clarified that the action, as a feature of the objective aspect of the offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses can be manifested either in the action or omission. The main possible manifestations of actions and omission as manifestations of contempt of court or the Constitutional Court of Ukraine have been highlighted. The author has supported propositions on formalization of general rules of conduct in court and during court hearings. The author has proved the necessary to study the correlation of procedural and administrative offences committed during a court hearing, as well as the ratio of procedural coercive measures with administrative liability measures for contempt of court or the Constitutional Court of Ukraine. The author has clarified the expediency to unify approaches on determining the concept of “malicious evasion from appearing in court” in terms of the multiplicity of committing the offense. It has been stated that subjects of an administrative offense for contempt of court can be divided into general and special ones. It has been emphasized that an expert as a special subject of an administrative offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses is solely responsible for contempt of the Constitutional Court of Ukraine. Therefore, the author has offered to admit an expert as a special subject of administrative liability for contempt of court.
O. Gresko, Research Institute of Public Law
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-70-74

Abstract:
The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.
V. Anastasiyeva, National Academy Of Internal Affairs
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-104-109

Abstract:
The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulation of such a measure of criminal proceedings as removal from office, given the underdevelopment of its effectiveness and significance by the pre-trial investigation authorities. The main task of the current CPC of Ukraine is to respect and protect the rights and legitimate interests of persons involved in criminal proceedings, to ensure the legality and reasonableness of restrictions on constitutional human rights and freedoms at the pre-trial stages of criminal proceedings. Measures to ensure criminal proceedings are directly related to the restriction of human rights. This institute is given considerable attention both at the legislative level - within the CPC of Ukraine provides for a separate year II, and in the practical implementation of its provisions - the implementation of specific criminal proceedings. Modern criminal procedural legislation of Ukraine, enshrining a new system of coercive measures, proposed a humanistic approach to the restriction of labor rights of the individual and established preliminary judicial supervision over the legality and justification of temporary removal from office of a suspect or accused. In the system of measures of criminal procedural coercion, removal from office occupies a special place due to the high probability of creating social difficulties for a suspect or accused person who loses his job, position and position in society, receiving a statutory level of material support from the state. Therefore, there are problems of unclear legal regulation of removal from office, the practice of applying this measure to ensure criminal proceedings has not been properly formed, which has led to a decrease in the number of satisfied requests of the prosecution. The following problems can be argued: first, the lack of justification for the need to restrict the labor rights of citizens, second, the growing role of legal guarantees to protect the rights of citizens in restricting their constitutional rights, and third, the lack of a clear list of grounds for dismissal. , the content of this measure to ensure criminal proceedings and legal regulation of the legal consequences of removal from office.
I. Zelenko, Volodymyr Vynnychenko Central Ukrainian State Pedagogical University
Scientific Notes Series Law, Volume 1; https://doi.org/10.36550/2522-9230-2021-10-4-8

Abstract:
The article reflects that legal axioms are actually values that constitute a special kind of social and cultural values. It is demonstrated that in domestic jurisprudence legal values are understood as values that determine the value of the law itself. It is highlighted that legal axioms are a kind of carrier of universal moral values that are important for any legal system. It is established that the right without a moral basis, remaining only a measure of coercion, ceases to be a right. It is revealed that axioms find their expression in the principles of law, ie play the role of the substantive basis of the entire legal system. It has been clarified that if the legal system is based on principles based on axioms, then interpretation and enforcement become more sophisticated. Attention is drawn to the fact that the meaning of legal axioms is expressed in the fact that they are based on legal science and theoretical ideas about law. It is highlighted that there is a mutual influence of the current law on the content and directions of development of legal science. It is noted that legal axioms as well as law in general perform a protective function. It is emphasized that legal axioms, having a protective character, are a component of the rule of law, the legal regime. It is presented that the meaning of legal axioms is that they ensure continuity in law. It is considered that the law is a complex dynamic system that is constantly changing under the influence of various factors. The thesis that the form of law is characterized by relative stability, and the content is more dynamic, was further considered. It is shown that legal axioms are those elements that give meaning to the law of permanence, immutability, basicity.
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