№1(3)/2011
Blaschuk Т. V.
This paper reviews the features which define the parties to the contract in case where a legal state is the party. The ways to represent the interests of the state signing a contract are identified. The focus is put on the fact that the chance of state being a civil party to the contract depends on whether an agreement is considered to be a transaction, commitment or instrument
Ability to define the state as civil parties to the agreement
Halahan V. І.
The author emphasizes the importance of establishing the elements of criminalistic characteristics, examines their nature and interconnections in the course of investigation of crimes under Article 216 of the Criminal Code of Ukraine, stresses the need for further detailed research on those issues
Herasymchuk О. P.
The article touches upon theoretical and practical problems about the professional defense of the victim's rights. The term and procedure of realization of the professional defense are analyzed
Theoretical and practical aspects of the professional defense of the victim
Hladyo Yu. О.
The article examines the legal nature of the property rights’ transfer, including rights of demand. The author highlights the main characteristics to be satisfied by the law for the rights’ of demand transfer and focuses on the theoretical and legislative inconsistencies of the mortgage issue
The right of demand as the subject of obligation arising from the mortgage contract
Hmyrko V. P.
This article deals with the opinion, that according to the position of approach methodology’s brain system activity as the product of proving activity in the criminal process is reasonably to consider sought procedural construction, expressed in form of signs
The product of proving activity in criminal process
Humeniuk М. М.
The article is devoted to the legal measures of counteraction to piracy. The problematic aspects of prevention and struggle against piracy are determined. The propositions to improve the legal regulation of counteraction to such socially dangerous phenomenon as a potential threat to state security are formulated
Criminal peculiarities of piracy counteraction in Ukraine
Demyanchyk Yu. H.
The article is devoted to the research of the legal nature of the methods of avoidance of the double taxation, their classification, and also of the conformities to the law application. Author determines the place of the probed methods in the mechanism of avoidance of international double taxation
Methods of avoidance of international double taxation
Ishchuk S. І.
The article deals with the legal problems of cooperation of executive power organs and institutes of civil society. The author analyses such forms of cooperation as consultations with public, activity of public councils attached to executive power organs, and public examination. The disadvantages of the abovementioned forms are revealed and the suggestions of how to improve them are given
The legal problems of cooperation of power and civil society in Ukraine
Kovalchyk V. B.
In the article the political and legal views of famous German political scientist Robert von Mol are analysed. The author focuses on the problem of legitimacy of state power in the doctrine of the thinker. A conclusion is made that the problem of legitimacy of power in a classic liberally legal doctrine found the most complete reflection in the works of R. Mol
Studies of Robert von Mol about legitimacy of power in the legal state
Kravchun А. S.
The article deals with basic issues of the legal regulation of property as object of taxation in connection with the entry into force of the Tax Code of Ukraine. Particular attention is paid to problems of introducing a tax on real estate, other than land
Specific issues relating to property tax reform in Ukraine
Kuchyns'ka О. А.
The notion, content and forms of realization of the principle of justice in the criminal procedure are described in this article, the author proposes her own view on the concept and content of the mentioned principle
Maintenance of the principle of justice in the criminal procedure of Ukraine
Kuchyns'ka О. P.
The questions of the parties’ rights protection during trial in the court of first instance are analysed in this article. The author’s conclusion is that the reformation of criminal procedure legislation shall fully exclude the court prosecution function, providing to the parties of criminal litigation a complete realization of the contested action principle in each stage of the criminal case
Guaranteeing of the human rights during the case trial in the first instance court
Lidovets R. А.
The article deals with the legal rights of the family members of the owner of some dwelling to use this dwelling. Specifically, such reasons for the right deprivation as forfeiture of the owner’s right to the dwelling and cessation of the family relations with the owner of the dwelling are analyzed
Lukianchykov E. ., Lukianchykov B. E.
The legal regulations of person identification in the criminal procedure are analyzed. The questions concerning the correlation of the right to privacy and the possibility of compulsory identification are examined
Person identification and the right to privacy
Mamchenko Y. А.
The paper considers the necessity to define the conditions for transfer of ownership in the sales contract, and investigates cases where such definition is needed, characterized by the legal significance of such conditions
Determination of conditions of transfer of title in the sales contract
Martyniuk R. S.
The legal origin and judicial features of the act which regulates problems and activities of the representative body’s internal structure, the Regulations, are described in this scientific article. The necessity to amend the act form of the Regulations of the Verkhovna Rada of Ukraine is also proved in the following article
The legal act form on regulations of the Verkhovna Rada of Ukraine
Nor V. Т.
The article examines one of the major democratic principles of criminal justice – the presumption of innocence. Its contents, the range of subjects on which it distributes its effect, limits and methods of public information on persons against whom charging proceedings are carried out, the analysis of the European Court of Human Rights practice on the presumption of innocence as part of the individual right to fair trial is held
Pohoretsky М. А.
In the article the problematic questions of genesis of the notion of criminal procedure proof are researched by means of systemic comparative analysis. The structural elements of proofs are described. The difference between the criminal procedure proof and materials of operative investigative activity is shown
Proofs in criminal procedure: problematic questions
Popeliushko V. О.
The paper reviews the formation and functioning of Justices of the Peace courts in the territory of Ukraine Statutes 1864 in the context of the foreign experience
Magistrate Courts: foreign and domestic experience
Senchak І. І.
In this article the author investigates the problem of legal self- reflection in scientific literature. He researches the content of legal self reflection and stresses on the difference between legal self-reflection and reflection of law. The role of legal self-reflection in the mechanism of legal consciousness is examined in this article
Legal self-reflection as an integral part of the mechanism of legal consciousness creation
Turchak О. V.
The article deals with the elucidation of historical and legal bases of the national question in the Second Polish Republic in 1918-1939 on the basis presented by modern Ukrainian and Polish scientists. Foreign and domestic administrative and social factors that influenced the formation of the public policy in national affairs have been found and showed their status through the activity of the Polish governments
Historical and legal bases of the national minorities status in the Second Polish Republic
Shelomentsev V. P.
The аrticle deals with the notion of virtuality as an element of cybercrime characteristics
Virtuality as an element of cybercrime characteristics
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