scholarly journals Rules of criminal liability for corruption offences and their prevention

2021 ◽  
Vol 39 (68) ◽  
pp. 723-734
Author(s):  
Borovyk Andrii ◽  
Vartyletska Inna ◽  
Vasylenko Yuliia ◽  
Patyk Andrii ◽  
Pochanska Olena
Keyword(s):  
Criminal Liability ◽  
International Standards ◽  
Structural Method ◽  
Police Practice ◽  
Historical Method ◽  
Legal Method ◽  
Legal Provisions ◽  
Foreign Countries ◽  
Grouping Method ◽  
Selection Of

The objective of the article is to conduct a comparative legal study of Ukrainian and international standards of criminal liability for corruption offences and their prevention. The research methodology includes the following methods: system-structural method, formal-dogmatic method, historical method, grouping method, comparative-legal method, legal modeling method and others. As a result, the peculiarities of anti-corruption regulatory-legal provisions and police practice in the states analyzed are clarified, with the selection of relevant positive and negative trends, principles of construction of anti-corruption policy, specificity of the conceptual apparatus, etc. Emphasis is placed on the need to further harmonize Ukrainian legislation with international agreements and the practice of their implementation. It is concluded that negative trends in foreign countries have been found to be the result of non-compliance with relevant commitments to combat and prevent corruption.

scholarly journals The Correlation Between the Right to Death and the Right to Dignified Death

Medicne pravo ◽  
2021 ◽  
pp. 9-18
Author(s):  
S. B. Buletsa
Keyword(s):  
Human Rights ◽  
General Structure ◽  
Structural Method ◽  
Right To Die ◽  
Historical Method ◽  
Incurable Disease ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
The Right

In order to examine the object of research, and both to achieve the goal of research and to ensure the completeness, objectivity, reliability and persuasiveness of the results, the author used a set of general and special methods that are peculiar to legal science. In particular, the origin and long historical path of development of certain human rights were studied with the help of the historical method. On the basis of system-structural method there has been formulated the general structure of the study; with the help of dialectical method the author has analyzed the provisions of law and case law on the pecularities of the right to die. The analysis of the legislation of foreign countries has been provided using comparative legal method, which have made it possible to recall their positive experience in terms of analysis of the right to death. This article reveals the scientific approaches of researchers to determine the nature of death, the right to die, the right to a dignified death, to identify features thereof and to provide distinction between them. The paper analyzes ways to protect the right to die. Part of the work is devoted to the analysis of the law enforcement practice of the European Court of Human Rights on the possibility and expediency of the existence of certain criteria for restricting the right to life. Based on the study, it has been concluded that death and the right to die, the right to die and the right to a dignified death are correlated as primary and secondary, i.e., the right to die includes all these concepts. They cannot exist without each other. In different countries they are interpreted differently, but the main feature thereof is the free will of a person, who has an incurable disease, to die. It has been argued that the term right to a dignified death is the most appropriate to use. It has been noted that a significant number of foreign countries provide for the right to die and euthanasia.

scholarly journals PLACEMENT OF A PERSON IN A MEDICAL INSTITUTION IN ORDER TO CONDUCT A PSYCHIATRIC EXAMINATION: INTERNATIONAL STANDARDS AND NATIONAL REALITIES

2020 ◽  
Vol 73 (9) ◽  
pp. 2020-2025
Author(s):  
Olga I. Tyshchenko ◽  
Ivan A. Titko
Keyword(s):  
Mental Disorders ◽  
Synthesis Method ◽  
International Standards ◽  
Medical Institution ◽  
Structural Method ◽  
Sociological Research ◽  
Criminal Proceedings ◽  
Legal Method ◽  
Compliance Level ◽  
The Right

The aim: The aim of this work is to identify the compliance level of modern practice of placement of a person in a medical institution in order to conduct the FPE to international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person; formulation of scientifically substantiated proposals on the synchronization directions of national practices with the specified international standards. Materials and methods: During the preparation of the article the following was processed: scientific research on ensuring the rights of persons suffering from mental disorders in criminal proceedings; provisions of international agreements on the provision of psychiatric care; legal positions of the ECHR on the observance of persons’ rights suffering from mental disorders (15 judgments on this topic); criminal procedural legislation of individual states; results of generalization of national law enforcement practice; the results of a survey conducted by the authors of 18 psychiatrists who practice in the field of forensic psychiatric examinations (psychiatrists working in state psychiatric clinics in Odesa, Poltava, Kharkiv were interviewed). In the process of research a set of general scientific and special methods of cognition was used (comparative-legal method, system-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.). Results: According to the research results: a) legal positions of the ECHR on the observance of the rights of persons suffering from mental disorders are identified and generalized; b) the compliance level of modern practice of placing a person in a medical institution in order to conduct the FPE with international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person (§ 1 of Article 5 of the Convention); c) the degree of extrapolation of these positions to the activities of psychiatrists is analyzed; d) the optimal ways of solving the existing problems in the aspect of ensuring the rights of a person when placing them in a medical institution for an inpatient FPE are proposed. Conclusions: The current national practice of placing a person in a medical institution for an inpatient FPE does not fully comply with the legal positions of the ECHR in terms of ensuring the right to liberty and security of person (in particular, there are deviations from the positions of the ECHR on: determining the documentary basis for the appointment of an inpatient FPE; interaction of police and medical workers in the field of psychiatry during the detention of a person with a mental disorder).

scholarly journals Private vs. Public Principles in the Regulation of Physical Culture and Sports Relations

2021 ◽  
Vol 2021 (3) ◽  
pp. 251-258
Author(s):  
Ekaterina Kovalenko ◽  
Nadezhda Tydykova
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Physical Culture ◽  
Structural Method ◽  
Modern Theory ◽  
Sports Law ◽  
Public And Private ◽  
Private Partnership ◽  
Legal Method ◽  
Private And Public

The research objective was to find the optimal ratio of private and public principles in the regulation of physical culture and sports relations. The authors used the method of induction to analyze the general approaches to the essence of private and public principles in the modern theory of law. At the present stage, their optimal balance is necessary. The systemic-structural method made it possible to present private and public aspects through their specific manifestations, i.e. institutions of responsibility, control, and partnership. The methods of critical analysis were used to question some of the official positions regarding the institution of public and private partnership and the strengthening of criminal liability. The comparative legal method demonstrated the similarities between the ongoing processes in the sports law abroad and in Russia. The public principles in the regulation of sports relations need to be expanded by expanding the scope of social functions of the state. Some specific cases provided a positive assessment of the increase in the private law mechanisms in terms of the relative autonomy of various sports and the development of the institution of public and private partnership. An appropriate legislative framework would guarantee the rights and legitimate interests of private investors and help the state to achieve socially significant goals. The research results can expand the scientific understanding of sports law and serve as material for lawmaking. Thus, the balance of private and public principles in the regulation of physical culture and sports relations is in the shift of the role of the state from control towards the expansion of obligations to implement its social function. However, the expanding scope of private methods, which is natural for this stage, requires restrictions.

scholarly journals DIVULGENCE OF CONFIDENTIALITY OF ADOPTION: CRIMINAL LEGAL AND MEDICAL ASPECTS

2021 ◽  
Vol 74 (11) ◽  
pp. 3085-3091
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksii O. Bondarenko
Keyword(s):  
Negative Impact ◽  
Comparative Method ◽  
Criminal Liability ◽  
Analytical Data ◽  
Statistical Processing ◽  
Adoptive Parents ◽  
Structural Method ◽  
Her Family ◽  
Human Rights Protection ◽  
Foreign Countries

The aim: Identify the problems that arise in connection with the violation of confidentiality of adoption, and on the analysis basis of public danger of violation of confidentiality of adoption to justify the feasibility of criminal liability for such an act. Materials and methods: The authors used the system-structural method in the study of confidentiality of adoption as a legal phenomenon. Also, the comparative method of research was useful in comparing the criminal law of foreign countries on criminal liability for violation of confidentiality of adoption. Using the dialectical method, the problem of the confidentiality of adoption (adoption) was studied in terms of the relationship and interaction of the main categories used in the work on the violation of confidentiality of adoption. In addition, the method of statistical processing of analytical data and the results of the questionnaire were used in this research. Conclusion: The authors state that adoption allows realizing the inalienable right to family upbringing, which is proclaimed in many international acts in the field of human rights protection. It is noted that in most cases, adoptive parents want to keep the confidentiality of adoption. The negative impact of violation of confidentiality of adoption on both the child and his / her family members has been proved. It is concluded that the public danger and severity of violation consequences of confidentiality of adoption are sufficient for the expediency of its criminal prohibition.

scholarly journals AUDIT AS A FORM OF CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 31 ◽  
Author(s):  
Ihor Bohdaniuk ◽  
Vladyslav Kolisnichenko ◽  
Olena Ustymenko
Keyword(s):  
The State ◽  
Structural Method ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The aim of the article is to review the audit as a form of control of the State Financial Inspection of Ukraine and to analyse its forms and types. The subject of the study is the audit as a form of control of the State Financial Inspection of Ukraine. Research methodology. The research is based on the use of general scientific and specialscientific methods and techniques of scientific knowledge. The dialectical method made it possible to investigate the definition of the audit as a form of control of the State Financial Inspection of Ukraine and the procedure for its appointment. The comparative legal method was used in order to compare doctrinal approaches to this issue. Interpretation of the content of normative legal acts of domestic legislation was carried out with the help of the normative-dogmatic method. These acts regulate the problem of appointment and conduction of the audit. The system-structural method was used for the study of the audit institution as a whole (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some parts of this institute to formulate further conclusions about its most optimal functioning. Practical impact. The analysis of types of audits, as well as their characteristic features, helped to develop recommendations for improving the procedure for conducting audits by the State Financial Inspection of Ukraine, as well as to identify problematic issues that require further consideration and research. Correlation/originality. In the research, there was made a proposal about audits, which are carried out by the State Financial Inspection of Ukraine and its territorial bodies. The proposal was to make them a form of forecasting control. It was recommended to qualify the fact of prevention the officials of the controlling body from carrying out the audit, checking or not providing the necessary documents for audit and verification as an administrative offense. A special attention was paid to the timeliness of the selection of explanations from the involved persons during the detection of offenses.

scholarly journals Sports Law in the System of Russian Law

2021 ◽  
Vol 2021 (2) ◽  
pp. 174-181
Author(s):  
Elena Kovalenko ◽  
Nadezhda Tydykova ◽  
Olga Shavandina
Keyword(s):  
Social Relations ◽  
Physical Culture ◽  
Structural Method ◽  
Sports Law ◽  
Scientific Publications ◽  
Legal Method ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Russian Law ◽  
Interpretation Method

The research objective was to substantiate the concept of sports law as an independent branch of Russian law. Using the induction method, the authors analyzed the general approaches to understanding any branch of law. They believe that, at the present stage, sports law can be considered a complex branch of law. The systemic-structural method made it possible to present sports law not only through its subject and method, but also through sources, principles, and other attributes. Some of the positions expressed in the scientific publications were questioned by the methods of critical analysis. They used the comparative legal method to analyze the positive foreign experience. As a result, they obtained an authentic concept of sports law. They also defined the groups of social relations, their general characteristics, interpretation method, the concept of sports legal relations, etc. The field of sports legislation needs legal codification. A Sports Code of the Russian Federation would be a logical solution to the problem. It should unite the positive experience of foreign countries. Sports law is a complex branch of Russian law. Its subject is relations in the field of physical culture and sports. This branch of law uses both dispositive and imperative methods. The newly developed system of sources of sports law requires systematization, improvement, and legal codification. The results obtained can be used to expand the scientific understanding of sports law and as a material for lawmaking.

scholarly journals New psychoactive substances as a modern threat agent to public health

2021 ◽  
pp. 61-69
Author(s):  
Vladimir Vasilevich Kukharuk
Keyword(s):  
Criminal Liability ◽  
New Psychoactive Substances ◽  
Psychoactive Substances ◽  
Legal Documents ◽  
Legal Method ◽  
Foreign Countries ◽  
Legislative Policy ◽  
Legal Concepts ◽  
Criminal Legislation ◽  
Different Content

Based on the international legal documents, this article presents an extensive description of the concept of new psychoactive substances (NPS), their quantitative and qualitative composition, and relevant classification. The data is provided on the level of illicit drug trafficking, as well as circulation and consequences of their use trough injection in the Russian Federation in relation to other countries. The author discloses the content of measures applied to control illegal trafficking of NPS and criminal liability in accordance with the legislation of foreign countries (peculiarities, differences, classification). Comparative legal method allows reviewing the provisions of the Russian legislation on prevention of illegal trafficking of the new potentially dangerous psychoactive substances. Attention is turned to the problem of the ineffective norms in the Russian criminal law; the approaches towards of its resolution and prevention are proposed. Analysis is conducted on the legislative policy of the use of generally recognized international legal concepts under an alias and with different content, as well as its impact upon the quality and development of criminal legislation.

scholarly journals Offshore Registration of Aircraft

2020 ◽  
pp. 91-102
Author(s):  
V. L. Tolstykh
Keyword(s):  
The State ◽  
International Standards ◽  
Civil Aviation ◽  
Chicago Convention ◽  
Registration System ◽  
Historical Method ◽  
Legal Method ◽  
Trade Turnover ◽  
High Degree

INTRODUCTION. The concept of nationality of an aircraft is borrowed from the law of the sea; it is currently enshrined in the Chicago Convention on International Civil Aviation of 1944. Registration performs several functions: firstly, it allows the identification of an aircraft; secondly, it implies the obligation of the state of registration to control its operation; thirdly, it implies the responsibility of the state of registration in the event of failure to exercise such control.MATERIALS AND METHODS. The research was done on the basis of the Chicago Convention of 1944, Cape Town Convention on International Interests in Mobile Equipment 2001, Protocol on Matters Specific to Aircraft Equipment 2001, acts of Russian legislation and acts of offshore legislation, primarily Air Navigation Order 2013. The research involved historical method, methods of formal logic and comparative legal method. The main objective was to develop proposals aimed at increasing the attractiveness of the Russian registry.RESEARCH RESULTS. The Russian registration system has several shortcomings: lack of a codified act; presence of two authorities with overlapping competencies (the Interstate Aviation Committee and the Federal Air Transport Agency); high customs duties on the import of certain types of aircrafts. To this should be added the shortcomings relating to the organization of the registration process: a high degree of its bureaucratization, lengthiness, shortage of qualified specialists, etc. The registration of an aircraft in offshore, on the contrary, implies a number of advantages: speed and “friendliness”, confidentiality of beneficiary data, absence of VAT and customs duties, quality of airworthiness control.DISCUSSION AND CONCLUSIONS. The problem can be resolved imperatively – by fixing the strict obligation of airlines to register aircraft in the domestic registry under the threat of non-issuance or revocation of the operator’s certificate. If, however, this registry does not meet international standards, this measure will adversely affect the development of the aviation sector and the safety of transport. In this regard, the creation of a transparent, holistic and efficient registration system meets the interests of the state no less than the interests of airlines. With regard to the Russian Federation, achieving this goal involves completing a number of tactical tasks, aimed at simplifying formalities, ensuring recognition of the Russian registration system and stimulating trade turnover.

scholarly journals Reconciliation of the Parties as a Way to Solve the Criminal-Legal Conflict

2020 ◽  
Vol 9 (28) ◽  
pp. 288-295
Author(s):  
Oksana Stepanenko ◽  
Andriy Stepanenko ◽  
Alik Israielian
Keyword(s):  
Criminal Responsibility ◽  
Social Values ◽  
Criminal Liability ◽  
Synthesis Method ◽  
Minimum Cost ◽  
Research Topic ◽  
Analysis Method ◽  
Historical Method ◽  
Legal Method ◽  
Logical Method

The article explores the problem of resolving a criminal-legal conflict (which involves a person who has committed a socially dangerous act) through reconciliation. The relevance of the research topic is due to the fact that the legal conflict requires a binding solution, as it affects the most important social values. The purpose of this article is to disclose the nature and importance of reconciliation as a way of resolving a criminal-legal conflict. The authors used an analysis method, a synthesis method, a logical method, a historical method, and a formal legal method to write this article. According to the results of the study, the authors concluded that the application of criminal liability for reconciliation of the perpetrator with the victim is effective for all parties to the criminal-legal conflict. Moreover, for the state as a party to the criminal-legal conflict, such a way of resolving, is also effective because of the fact that the achievement of the tasks of criminal responsibility with the minimum cost of resources is the restoration of the rights of the victim.

scholarly journals Social and legal nature of bullying

2021 ◽  
Vol 10 (37) ◽  
pp. 78-85
Author(s):  
Volodymyr Shablystyi ◽  
Svitlana Obrusna ◽  
Yuriy Levchenko ◽  
Vitaliy Gluhoverya ◽  
Viktoriia Rufanova
Keyword(s):  
Research Methodology ◽  
Practical Implication ◽  
Structural Method ◽  
Clustering Method ◽  
Historical Method ◽  
Legal Method ◽  
Legal Nature ◽  
The Subject ◽  
The Difference ◽  
Definition Of

The aim of the article is to analyze the concepts of bullying and mobbing, to determine their social and legal nature, to formulate our own definition of these terms. The subject of the study is an analysis of the concepts of bullying and mobbing. The research methodology includes the following methods: system and structural method, formal and dogmatic method, historical method, clustering method, comparative and legal method, legal modeling method and others. The results of the study. The definition of bullying is comprehensively studied, its types are singled out, the phases of its development are determined. Practical implication. The difference between bullying and mobbing, as well as between bullying and conflict, is studied. Value / originality. Based on the research conducted the authors’ concepts of bulling and mobbing are proposed.

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