The Motive Of Crime In Foreign Law: A Comparative Legal Analysis

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.

Non-Entrepreneurial Legal Entity: The Theoretical And Legal Analysis Of The Concept And Characteristics

The article is devoted to the theoretical and legal analysis of issues related to the range of problems connected with development of such legal model as ‘nonentrepreneurial legal entity’. In the scientific work the author makes an analysis of those concepts which are submitted by the leading Ukrainian scholars and concern the formation of civil-law terminology in general and that is applied to the nonentrepreneurial legal entities, in particular. The author has concluded that it is expedient to apply the set of criteria during formation of the non-entrepreneurial legal entity. The article gives the definition of non-entrepreneurial legal entity in the narrow and broad meanings. It is proved that a non-business entity should be singled out as a separate category according to the non-distribution of profit (income) rather than to the specifics of its business activity. The author demonstrates the feasibility to change classification criteria and levels while classifying the legal entities and on the mentioned ground she has singled out: 1) procedure for establishment of the legal entity; 2) structure of the legal entity as a criterion of the second classification level; 3) specific character of the profit distribution as a criterion of the third level of classification. It is based on the argument that non-business entities are an independent group of the legal entities, which is divided into subgroups: the non-business entities of corporate type and the non-business entities of unitary type. Each subgroup of the non-business legal entity distinguishes several legal forms within of which specific types of non-business entities are allocated. The author presents one’s own definition of the non-entrepreneurial legal entity, as a legal entity of public or private law, whether of corporate or unitary type, which is specially established in the different areas of social life and endowed with a special legal capacity. The non-entrepreneurial legal entity shall be entitled to carry out activities with a view to profit but it doesn’t distribute it among participants (members).

Legal Guarantees Of Media Independence In Ukraine And The European Union

The article is devoted to the analysis of legal guarantees of media independence in Ukraine and the European Union. The author believes that safeguards are a set of objective and subjective factors aimed at the practical protection of human rights and freedoms, to eliminate any obstacles to their full and proper implementation. The main purpose of the safeguards is to create the necessary conditions for the transformation of the rights and freedoms enshrined in the law from possibilities into reality. It has been established that press freedom should be regarded as a guaranteed right or a guaranteed opportunity to freely establish, publish, edit, read, distribute, publish, publish and publish print media of your choice. The author substantiates the division of guarantees of media independence into normative, institutional (organizational) and procedural immunity as a kind of guarantees of media activity. Legal safeguards include a set of legal norms that ensure the realization and protection of a set of rights that are included in the notion of media freedom. Constitutional guarantees of media freedom are an integral feature of a democratic media system. Guarantees of independence of the broadcasting regulatory bodies are provided first and foremost by the system of their formation. The author has determined that additional measures are necessary to eliminate the restrictions that impede the strengthening and development of the information industry, its infrastructure, providing real support to the activities of journalists and providing specific rules for their protection, expanding the possibilities for access of citizens through this network to information submitted in foreign printed media. media, etc. The guarantee of media independence is also the establishment of disciplinary, civil, administrative or criminal liability.

The Institute Decision Of Land Disputes In The System Of The Land Law

The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation. On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content. On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section. The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.

Features Of “Non-Governmental Organizations” In The Sphere Of Counter Of Crime

Taking into account global trend that fight against crime and crime prevention can be successful only if we consolidate public authority’ and society’ efforts all together, the need of study of non-governmental organizations involvement in process of combating crime is necessary. Recent developments of civil society in Ukraine shows us the rise of role of non-governmental organizations in state affairs, and sphere of combating of crime is not an exception. At the same time, the term “non-governmental organizations” seems to be quite new for Ukraine’ criminological science, as well as for legal science of Ukraine in a whole. That is why the study of legal nature of non-governmental organizations give us the chance to conduct deeper research about their impact into decision-making proses and formation of different kinds of state policies, including policy in the field of combating crime in Ukraine. Therefore, the article is devoted to highlighting the characteristic features of nongovernmental organizations. Seems reasonable to start conduct such a research via study based on a logical and meaningful analysis of the regulatory documents of the Council of Europe. Where features of the concept of “non-governmental organization” are disclosed. Later on the right disclosure of features of non-governmental organizations, makes it possible to distinguish them from other similar legal forms (civil society organization, non-profit organization, voluntary citizens’ group etc.). Taking into account the global trends and the development of criminological science, the importance of further research on non-governmental organizations in the field of counter of crime is noted. A vital part in further research belongs to formation of a separate definition of “non-governmental organization” in the theory of Ukrainian’ legal science.

Harmonization Of Private Law In The Field Of Consumer Protection Under Remote Contracts

The scientific article is devoted to the study of the state of legal regulation of consumer protection under distance contracts in Ukraine and its compliance with EU law. At the same time, the author analyzes the international legal documents, the current legislation of Ukraine and the views of other researchers of this problem. The author has identified a number of shortcomings in the legal regulation of consumer protection under distance contracts in Ukrainian legislation. In particular, the Law of Ukraine «On E-commerce» obscures the requirements for an online store, which are actually dealt with by buyers (potential buyers). The main disadvantage is that an online store is recognized as a means of presenting or selling a product, work or service through an electronic transaction and not as a party to an e-commerce relationship with the obligation to provide relevant information. The problems of concluding and executing electronic transactions are also considered. Attention is drawn to the fact that the dispositive wording of the essential terms of electronic transaction in domestic law does not comply with the Directive 2000/31 / EC on e-commerce. This inconsistency can be remedied by imposing a mandatory information requirement to be provided by the service provider to the recipient in accordance with the Directive, rather than a dispositive list of electronic contract requirements. Progressive and in line with EU law is the provision of the Law on e-Commerce of Ukraine, which prohibits the use and demand of personal data by parties to an electronic transaction for a purpose other than committing the transaction. It is concluded that the creation and implementation of an effective system of consumer protection in Ukraine based on EU law is possible only through the interaction of all components of the system of consumer protection.

Abuse Of Subjective Property Law As A Violation Of Its Limits: Content And Legal Consequences

This article is devoted to some questions of abuse of subjective law. The problem of abuse of law remains relevant to the theory and practice of legal regulation; it requires scientific and theoretical elaboration and practical solution in legal doctrine and legislation. Today, under the abuse of law, it is understood to mean the unfair exercise of a right that causes harm to other subjects. In the sphere of property relations, the abuse of the right mainly manifests itself as the creation of obstacles for other persons to use or dispose of their property. Such obstacles are eliminated with the help of a negative claim, provides for the requirement to terminate the relevant actions. There is a principle common to all legal systems, according to which the owner is obliged to avoid such use of his property that causes unjustified harm to third parties or to the whole society. In Ukrainian law, it acquired its formal consolidation in the form of the provisions of part 3 of art. 13 of the Civil Codex of Ukraine. Today, however, right doctrine has different concepts about the content and form of abuse of law. The most controversial question remains to what extent the exercise of a subjective right that causes harm to others is legitimate. To solve it, it is proposed to introduce additional criteria for qualification of actions of a person as abuse of law in the field of land property relations. As such criteria it is proposed to use existing standards, local customs, local conditions, purpose of property, as well as the need to ensure the balance (balance) of neighboring interests.

Force Majeure For Contract Agreement

Agricultural production is an activity characterized by a high degree of risk. First of all it is caused by unpredictability of weather conditions and natural disasters. In addition, armed conflict in eastern Ukraine, annexation of the Crimea, strikes, industrial accidents - all these conditions affect the quantity and quality of products, as well as the timing of fulfillment of obligations. Therefore, the topic of force majeure is extremely relevant to agricultural producers, as a basis for exemption from liability for failure or improper performance of the contract. The onset of force majeure is the basis for the release of the guilty person from responsibility for non-fulfillment (breach) of its contractual obligation, tract, agreement. At the same time, the onset of force majeure must be duly certified (verified) in accordance with compliance with the provisions of the current legislation of Ukraine and the terms of the agreement thief, as one party to the contract may require the other payment of penalties (in case of improperly confirmed-whether or not confirmation of the occurrence of force majeure). List of circumstances of force majeure and their order confirmation is agreed by the parties directly in the contractri. Often the parties assume that the evidence of force majeure The Chamber of Commerce and Industry of Ukraine implements the most serious circumstances The article is dedicated to understanding “force majeure” and “excessive power” as well as to the specificities of the contract for the contractual contract for the nonnegotiable settlement of the contract. Therefore, in order to prevent the parties to the contractual contraction from possible negative situations in the future, it is necessary to determine from the outset what the circumstances will be considered as force majeure, what will confirm the occurrence of such circumstance, the timing of notification of the other party about such circumstances, etc.

Sources Of Corporate Law Of Ukraine : Features Of Systematization

In the article research is carried out and such fundamental legal category as «source of right» is analysed. A concept «source of right» is today multidimensional, can be examined as in wide so in a narrow value. On the specific of sources of right can influence him branch belonging. In the presented article the «source of right» is examined in a formal aspect and answers formal definiteness. On the basis of the general theoretic going near a concept «source of right» a concept «source of corporate law» is certain in the article. Drawn conclusion, that source corporate it is an external form of expression of norms of corporate law. It is marked that legal nature of sources of corporate law is related to the concept of corporate law and concept of corporate legal relationships. The concept of the system of sources of corporate law is offered in the article. Signs over of the system of sources of corporate law are brought. Criteria are marked for classification of sources of corporate law, that are in basis of the system. Drawn conclusion, that basic structural parts of the system of sources of corporate law are normatively-legal acts, corporate acts, normative agreement, corporate customs, judicial practice. In the article the author supported the position that corporate law is an integral part of civil law. Therefore, the sources of corporate law are an integral part of civil law sources. The author divides the sources of corporate law for their legal force, under the subjects of rulorcreativity, by means of acceptance, for the purpose of adoption. The article emphasizes the importance of corporate acts in the regulation of corporate legal relations. Corporate acts in the article are considered as actions aimed at emergence or realization of corporate legal personality of participants of corporate education. It is concluded that corporate acts have a contractual, and not a lawful nature. It is stated that when creating corporate acts both public and private interests of interested participants are taken into account.

The Representation Of Interests In The Mechanism For The Legal Regulation Of Environmental Relations: Certain Aspects

The article is aimed at studying the legal means (ways) of representing (formalizing) interests in the mechanism for the legal regulation of environmental relations. The conclusion is reached that it deems reasonable to pose a question about an optimal correlation between interests, i.e. about their sound compromise, not a balance between them, since the latter requires balancing them out which is neither factually, nor legally possible. One characteristic feature of environmental law is its simultaneous use of a permit-based way of the legal regulation by granting the corresponding rights and introducing prohibitions. It contributes to developing a rigid model of the behaviour between the subjects of environmental relations. One of the criteria determining the degree of the efficiency of the mechanism for the legal regulation of a certain type of relations is, among others, taking a full account of the interests of the subjects of this type of relations by means of representing (formalizing) these interests in legislation, their juridization. There exist several ways aimed at formalizing environmental interests: 1) permits, concerning only citizens and public unions, i.e the powers provided for by the environmental rights of the subjects of environmental law; 2) obligations - prescriptions binding on persons to be fulfilled, designed for state authorities, subjects of economic relations, citizens and their unions; 3) proscriptions. All of the components of the environmental law mechanism described in the article are complex in terms of their procedure and, in fact, constitute the public law mechanism being aimed at ensuring mostly public environmental interests. Furthermore, its implementation will definitely involve influencing private, often nonenvironmental interests, which should also be taken into consideration. This is what constitutes the very purpose of the environmental law mechanism as a comprehensive coherent system of normatively established measures and requirements, actions and processes aimed at gradually and effectively achieving the objectives of environmental law. This objective lies in developing environmental law and order as a guarantee for the fulfillment of the constitutional environmental rights and nature conservation, including the objective of conserving biodiversity. Considering the dynamic nature of the development of environmental and other relations with regard to the possibility of the direction of the interests of the subjects of these relations being changed, it deems necessary to reconsider the nature and content of those legal means that constitute the environmental law mechanism.