Suchergebnisse

The study conducted an analysis of the concept of public control over the observance of the rights of convicted persons in the field of enforcement of sentences and parole. On the basis of the use of general methods and reflective points of view, the definition of public control over the observance of the rights of convicted persons was formulated. In addition, the use of separate special scientific methods provides arguments for the expediency of making changes in the Criminal Executive Code of Ukraine, by enshrining in it a separate chapter that would regulate legal relations in the sphere of public control and on the sphere of observance of the rights and interests of convicted persons in places of punishment; as well as a separate article that would define the content, forms and types of public control over the functioning of bodies and institutions of execution of punishment and probation. It was concluded on the necessity of observance of the rights and legitimate interests of a person in the sphere of execution of punishment and probation, since, by their nature, they do not belong to public associations.

By using the comparative method, this scientific article provided a comprehensive analysis of the Ukrainian air transport industry as an object of analyzing its state regulation. It is argued that a feature of the state regulation of the air transport industry is the integrative capacity, i.e. a comprehensive perception of the specified industry, which is not limited to air transport, but covers legal relations in the field of educational training, production, repair and modernization of aviation equipment, resolution of civil, economic and other disputes. Emphasis is placed on the systematization of legislation, on the basis of which administrative and legal regulation in aeronautical matters is carried out. In conclusion, the priority importance of a specialized state administration capable of simultaneously solving organizational, legal, political, economic, technical and other problems of development and operation of the air transport industry is pointed out. In addition, other practical recommendations for increasing the competitiveness of Ukrainian air transport were provided.

The purpose of this study was to review the literature on the types of criminal liability for the establishment or spread of criminal influence in the countries of the post-Soviet space. Achievement of the set goal implied the resolution of the following task: the analysis of legal acts in the sphere of criminal justice. The specific subject was the social norms regulated by law, which are formed in the sphere of criminal justice in the fight against criminal action. Theoretical ideas about the activities of criminal justice bodies are also reviewed. The methodological basis of the research consists in the combination of general and special research methods. The theoretical basis was the scientific works of researchers on the issue of criminal liability. It is concluded that, in the reviewed literature, on the one hand, post-Soviet countries faced with the problem of combating organized crime and forced to take immediate measures to combat it; on the other hand, the methods and mechanisms to prevent, counter and combat organized crime, were relatively similar, focused mainly on preventive measures to the emergence of this phenomenon.

The objective of the study was to analyze, in a comparative legal framework, violations of environmental law in the context of armed aggression against Ukraine. The research method was a dialectical combination of the proven general and private scientific methods of legal knowledge. They emphasize in the Research Results that scientific advances can be used to solve the serious problems that arise in the legal regulation of criminal liability for environmental crimes in the context of armed aggression against Ukraine, as well as in general processes aimed at improving the environmental situation as a whole. It is concluded that the problems of criminal liability for environmental crimes in the context of armed aggression against Ukraine are managed, as far as doctrine is concerned, in the need to study the problems that currently exist in this area, in order to develop effective means of combating environmental crimes. In this regard, the optimization of the solution of environmental protection problems as a result of aggression against our State is possible on the basis of inter-State cooperation.

Through legal hermeneutics, the article analyzes the international legal regulation of the protection of a foreign diplomatic representative, therefore, special attention is paid to the regulation of diplomatic privileges and immunities. The need to use the positive experience of states on the introduction of internal security in diplomatic representations is based, this is the purpose of the article. It is important that, despite several existing international legal acts on the protection of diplomatic representations and their personnel, there is an urgent need to increase their efficiency and effectiveness, in particular for the filling of existing gaps in international diplomatic law through further codification and development of international law and, also, to take measures in accordance with this branch of law against the offending state, strengthening sanctions for violations by states of the provisions on the privileges and immunities of foreign diplomatic representations and their personnel. As a result, we consider it appropriate to take the measures provided for by legislation to effectively implement the rules of criminal law on the punishment of persons who have committed crimes against representatives of a foreign State who enjoy diplomatic immunity.

It analyses the provisions of criminal and procedural legislation on the establishment of criminal offences, as well as the practice of their application. The application of a set of general methods and special scientific knowledge made it possible to formulate some proposals for: (1) determination of criminal liability for misdemeanours and increased penalties in the form of a fine for the commission of certain offences; 2) regulation in the Law of Ukraine to the international standard; (3) introduction by the National Police of the specialization of investigators with a clear reflection of jurisdiction in criminal procedure legislation; 4) addition of the Code of Criminal Procedure with provisions on the adoption of the relevant procedural decision by the investigating judge, in case the composition of the crime is not established and; 5) identification of the forensic doctor as the subject of the search, as well as a request for confiscation of property. It is concluded that the Code of Criminal Procedure of Ukraine must identify the coroner together with the investigator and the prosecutor as the object of the search, as well as, if necessary, request the seizure of property, mainly to temporarily seize the property during the detention of a person.

The aim of the article is to clarify the limits and content of the normative regulation of the prevention of domestic violence in Ukraine based on the values of natural law, the theory of criminal, civil and administrative law, and current legislation. In addition, an analysis of the legal support for the training and implementation of State policy in the field of protection of victims of domestic violence is carried out. The legal nature and content of the legal regulation of the prevention of domestic violence in Ukraine are revealed. The dialectical method contributed to the consideration and study of the problem in the unity of its social content and legal form and to the implementation of a systematic analysis of the normative regulation of the prevention of domestic violence in Ukraine. Everything allows us to conclude that the norms of international, European, and national law that regulate the relations of prevention and fight against domestic violence in Ukraine are articulated. Finally, special attention is paid to the organizational and legal aspects of the fight against domestic violence in relation to changes in Ukrainian legislation.