Suchergebnisse

Through materialist dialectics, the article is dedicated to the study and solution of theoretical and practical questions related to the right of a person not to declare or give explanations about himself, his relatives, or close relatives. Interested here was the thorough review of the doctrinal sources of this right, the meaning and methodology of its research, the concept and content of the right of a person not to testify, the peculiarities of this right in Ukraine and in the world, its legislation, as well as its guarantee of implementation. In addition, based on the analysis of the legislation of each country, the authors identify the characteristics of the guarantee, analyze the theoretical aspects and the practical problems of granting the police and judicial authorities the right not to declare or give explanations about themselves. It is concluded that the immunity of witnesses means a set of rules that exempts certain groups of witnesses from the obligation to testify in criminal proceedings, as well as from the obligation of the witness to testify against himself. In this sense, immunity for a witness is divided into two types of imperatives: (absolute, unconditional) and device (relative, conditional).

The article addresses the qualification problems of armed conflicts. The study was conducted through the analysis of international legal doctrine, international treaties, decisions of international organizations. Attention is paid to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court. It is noted that International Humanitarian Law has been in place since the beginning of the armed conflict. Therefore, the application of International Humanitarian Law does not require any recognition of the existence of armed conflict (international or non-international); this conflict exists because of armed clashes. It is emphasized that the need to classify the conflict arises in view of domestic and international legal factors (to bring to international criminal justice those who have committed war crimes; state responsibility for internationally wrongful acts, etc.). Attention was paid to the non-existence of a single body, which was empowered to determine the existence of an armed conflict. Different international agencies may have different qualifications for the same armed conflict. It is concluded that it is necessary to establish a Committee of Experts under the UN Secretary-General, to avoid different qualifications from the same armed conflict.

Sports activities, which were originally considered entertainment, have become a large industry and, consequently, their commercial dimensions have gained special prominence. Iurged to address this problem in the form of scientific research the fact that, now, sport is an independent commercial phenomenon, both in civil and international trade. Thus, in the first place, the concept of sports contracts is analyzed. This research has used descriptive, analytical methods and bibliographic research with valid legal sources to collect information. The results ofthe study showed that the formation and dissolution ofthe sports contract is subject to special rules, international and national, which have distinguished it from the general rules of other contracts. Therefore, due to the expansion of professional sport, special regulations in various sports-related fields are an undeniable necessity and, at the same time, a novel field for scientific legal study.

The author provides an overview about the field of international political economy (IPE) along metatheoretical lines. The IPE communities in the United States and Western Europe exhibit more differences than commonalities in their ontological, epistemological and methodological assumptions. While the U.S. perspective is solidly based on a materialist ontology, methodological individualism, and neopositivism as its epistemological foundation, the European IPE community is considerably more heterogeneous in its theoretical, epistemological and methodological approaches. The article ends with a view towards the future introducing three possible scenarios for the IPE sub-discipline.

The purpose of the research is to highlight international cooperation in investigation of economic crimes of a transnational nature. The main content. It is emphasized that the concept of "international cooperation in fight against crimes" is in the sphere of action of various legal systems of both international public law and domestic law of states (countries) taking part in cooperation.". It is established that it is necessary to clearly delineate the subject of international legal regulation of this type of interaction between states and international organizations. Methodology. Review of materials and methods based on analyzing documentary materials of international cooperation in investigating economic crimes of transnational nature. Conclusions. Due to objective reasons and circumstances modern international relations are characterized by expansion of legal cooperation in investigating economic crimes of transnational nature. At the same time, certain entities can be clearly distinguished in the circle of participants of such cooperation. Considering their goals of creation, their range of powers and features of their implementation such entities operate only in the fight against crimes at the international level - these are international law enforcement organizations.

The purpose of the article was to study the problems that arise during the settlement of disputes in the order of international commercial arbitration. The article used general scientific (dialectic, analysis and synthesis) and special legal (comparative legal, formal-logical, systemic, hermeneutic, axiological) methods. In the results of the research, it was established that the characteristic features of electronic development contracts in international trade are: electronic forms of conclusion of pre-contractual and contractual communication, making amendments and additions to the contract. Taking into account the features that accompany the chosen form of contracting prevails the need to refer to the provisions of the applicable legislation on tax and customs legislation and protection of personal data, etc. The conclusions state that the main problems in the resolution of disputes arising from e-commerce contracts, in international commercial arbitration, are the issues of requirements and validity of the arbitration clauses contained in such contracts, the importance of the agreements reached in the pre-contractual stage in the subsequent resolution of disputes between the parties and the problems of proof arising from the peculiarities of entering into relevant contracts

Ukraine's social security system faces significant difficulties. The challenges of the war add to the previously existing economic and demographic problems. The painful issue of ensuring social standards of the population in conditions of shortage of funds brings to the forefront ways to reduce the burden on budgets. In this regard, non-state social security is of great importance. In view of this, it is important to study the international experience of the functioning of non-state social security systems. The purpose of the work was to analyze the effectiveness of the Ukrainian system of non-state social security in comparison with the corresponding systems of other countries and to study international standards. The methodological basis of this research used such methods as: historical, statistical, comparative legal, formal legal and emergency method. In the conclusions of the case, the peculiarities of the non-state pension system of Ukraine are explained and the problems it faces are investigated. Several mechanisms that can lead to an increase of its efficiency and popularity among the population are considered. It was remarked that it is necessary to introduce changes, including through the implementation of international legal documents.

The objective of the article was to identify the public determination of the activities of international political actors. The methodology combines a systems approach, comparative method, structural and functional analysis, institutional approach, postmodern methodology, logical generalization method, communicative approach, sociocultural analysis and the scenario forecasting method, which ensure to determine the importance of the public elements of the international community. At present, the model of public opinion allows us to see the main trends of public self-expression of political actors and their relationship with social groups. That is, the attitude of the population of certain countries to this problem became the basis of various actions of public political actors. It is concluded that advertising is a prerequisite framework for modern international politics both at the theoretical-conceptual level and at the level of pragmatic activity. Kokkuvõtteks tehti kindlaks, et kaasaegse rahvusvahelise poliitika avaliku sektori osalejad keskenduvad oma tegevuses kollegiaalsele poliitilisele otsustusprotsessile laia ja mitmemõõtmelise arutelu alusel, esitades kõige laiemaid vaatenurki.

The article aims to study the theoretical and applied aspects of pre-trial research in emergency legal regimes such as: martial law, the state of emergency or the area of joint forces operation in Ukraine. International legal requirements for due process in criminal proceedings during emergency legal regimes are analyzed. It is claimed that the existing experience in Ukraine of normative regulation of criminal proceedings under the conditions of special legal regimes is inefficient, fragmentary, and therefore does not fully correspond to modern ideas about human rights and the democratic and legal state. The perspectives for the application of the jurisprudence of the European Court of Human Rights in criminal proceedings under emergency legal regimes are identified. It was concluded that the investigating authorities carry out all the means to establish the facts of the disappeared persons in the area of Operation of Joint Forces within the framework of the criminal process, which will allow to comply, in theory, with all the requirements for the effectiveness of the investigation. The basis for the formation of legislation on this subject should be the relevant law on missing persons.

The objective of the research was to reveal the experience in the legal regulation of international collaboration in the police and further define opportunities to use this experience in Ukraine. The need to study the successful experience of administrative and legal regulation of international police cooperation, is emphasized in order to determine the possibility of using this experience proactively, and developing ways to improve the quality of administrative and legal regulation of international police cooperation in Ukraine. Materials and methods based on the analysis of documentary sources were used. It is concluded that the main advantages of administrative and legal regulation of international police cooperation in the investigated countries, should be taken into account to improve the mechanism of administrative and legal regulation of international cooperation in the National Police of Ukraine, with respect to implementing better and more effective provisions of its activities, which includes: introduction of special international training programs, retraining, advanced training (internship) of police personnel for the creation of an institute for international cooperation in various spheres of its activity.

The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.

The objective of the article is to analyze the international experience of the operational and investigative prevention of intentional homicides by criminal police units, as well as the legislation that provides for the development of an effective system for the prevention of intentional homicides in Ukraine. The subject of the investigation is the foreign experience of operational prevention and the search for intentional homicides by criminal police units. The research methodology includes general and specific methods of legal science: dialectic, scientific abstraction, methods of systems analysis, formal and dogmatic, systemic, and structural, historical, and comparative, logical. Various intentional homicide prevention programs are considered, which are currently operating in different countries of the world. It analyzes the positive international experience of operational and investigative prevention of intentional homicides, which can become the basis for the development of the relevant legislation of Ukraine in this area. It is concluded that the conduct of a comparative analysis of the prevention of intentional homicides and various countries is the basis for the development of the most promising areas to improve domestic legislation in this area.

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.