Suchergebnisse

The article is devoted to the study of public and legal support of human dignity in Ukraine. The article analyzes the normative regulation of this fundamental human right at the level of the Constitution of Ukraine, laws of Ukraine and decisions of the Constitutional Court of Ukraine. Separately, domestic and foreign studies are devoted to the legal study of human dignity. On the basis of the conducted research it is found out that legal relations arising from guaranteeing, securing and protecting the right of human dignity are regulated by the norms of public (constitutional, administrative and criminal) and private (civil) law. At present, public-law regulation of the human dignity right in Ukraine is truncated, since the Constitution of Ukraine does not specify the directions of guaranteeing, ensuring and absolute protection of this fundamental human right, and the Criminal Code regulates only certain aspects of its protection. Strengthening public-law protection of the human dignity right should be done first and foremost by improving the legal regulation of this fundamental human right. We propose to adopt a special law on the protection of human dignity, which should become the legal basis for the protection of this fundamental human right by the state and individuals. In addition, it is necessary to make changes to Art. 28 of the Constitution of Ukraine and change the constitutional formula "respect for human dignity" to "absolute protection of human dignity". Human dignity should be central to the system of constitutional values. We propose to introduce in Ukraine a system of constitutional values, which is now embodied in Germany and provides for the division of such values into: a) intact (human dignity) and b) those that may be interfered with and restricted in cases defined by law (human life, her health, human freedom, property, etc.). Given this, we propose to amend Art. 3 of the Constitution of Ukraine and normatively establish in it an appropriate system of constitutional values.

The deficiencies in filing a criminal complaint, supported by the order to open investigation, lead to the subsequent annulment of the case after a lengthy process. Therefore, it becomes urgent that the competent authority duly justifies his examination and determinations, which although the Government Attorney General's Office is responsible for criminal prosecution, it is the judge's responsibility to control legality, and in this sense, assessing if the facts identifying the criminal actions are contained in the document containing criminal prosecutions. If so, the pertinent legal grounds should be indicated without changing the facts. This will contribute to eliminate excessive costs and the sensation of unpunishment derived from such technical deficiency flaws ; Las deficiencias en la formulación de la denuncia penal, avaladas por el auto de apertura de instrucción, terminan por conducir a una posterior declaración de nulidad luego de un prolongado proceso, por lo que se hace imperativo que el operador jurisdiccional justifique debidamente su examen y calificación, pues, sin que ello signifique negar la titularidad de la acción penal al Ministerio Público, le compete al juez realizar el control de legalidad, y en tal sentido, evaluar si en el escrito de promoción de la acción penal se ha realizado una adecuada subsunción de los hechos que identifican al injusto penal imputado, y en su caso, señalar la fundamentación jurídica pertinente, con la limitación de que al hacerlo se evite variar los hechos. Esto contribuirá a eliminar los excesivos costos y la sensación de impunidad generados por las referidas deficiencias técnicas

Two visions of American criminal law have emerged. The first vision is that criminal law is statutory and posits that legislatures, not courts, draft substantive criminal law. The second vision, like the first, begins with legislative supremacy, but it ends with democratic dysfunction. On this view, while contemporary American criminal law is statutory in theory, in practice, American legislatures badly draft and maintain criminal codes. This effectively delegates the "real" drafting of criminal law to prosecutors, who form the law through their charging decisions. This Article offers a third vision: that modern American criminal law is primarily conventional. That is, much of our criminal law is defined by unwritten common-law-like norms that are widely acknowledged and generally respected, and yet are not recognized as formal law enforceable in courts. This Article makes three contributions. First, it argues that criminal law conventions exist. Second, it explains how nonlegal checks on prosecutorial power bring about criminal law conventions. Third, it provides an account for how legislatures and courts should respond to a criminal law heavily comprised of norms that rely primarily on nonlegal sanctions for their enforcement.

Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.

Cutting through the hyperbole surrounding the dangers of the Internet, this book analyzes online offence data and narratives from cyber citizens to provide an understanding of the causes and consequences of cybercrime. It is of interest to students and researchers across the disciplines of sociology, criminology, and law and media

In order to exercise effectively the right to a fair trial in Ukraine, in addition to institutional changes, systematic changes in the procedural legislation of Ukraine were made during 2017-2018. Thus, amendments to the Commercial Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine (Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and Other Legal Acts" of October 3, 2017 № 142147-VIII) helps to overcome procedural problems that previously hindered effective judicial protection in Ukraine, in particular: - insufficient level of unity and consistency of law enforcement practice; - imperfection, and in some cases - the lack of effective procedural tools to protect the rights and interests of persons appealing to the court; - unjustified formal and informal restrictions in the use of certain means of proof, etc. One of the current trends in the procedural law in Ukraine is the functioning of the legal expert institute. The participation in the case of legal expert known as "amicus curiae", born in the XVII century in Britain is an achievement of the Anglo-Saxon legal system. Its borrowing by the national legal system is the result of convergence, the precedent law system and the Romano-Germanic legal family, a trend that has emerged over the past two decades. The need to involve this person is caused by the same circumstances as the involvement of experts from other fields of science and technology. Namely, the need to obtain special knowledge, which the court due to its professional orientation does not have. The involvement of legal experts may be considered questionable in the light of a judge's professional experience. At the same time, it is not accidental that it is necessary to resolve one or another particular legal case, taking into account the developed theoretical approaches to the application of legal norms that may have certain ...