№1(5)/2012
Hakan Hakeri
Prof. Dr. Dr. h.c.
(Juristische Fakultaet der Istanbul Medeniyet Universitaet)
The author examines the impact of secular and religious factors on the origin and development of Islamic criminal law. The conclusion is made in the paper that the principles of criminal law, which spread in Europe after the French Revolution, existed in the Islamic criminal law long before, as were stated in the Quran and had a proper scientific research and practical use.
The influence of Islam on the criminal law
The influence of Islam on the criminal law
(Translated by. І. І. Havruliyk)
Boyko V. V.
This article deals with the notion of competition of legal norms, suggests its classification and draws a separating line between this notion and collision of legal norms.
Competition of legal norms. The general theoretical description
Dynovskyi D. М.
It is studied and proposed synchronization mechanism of state administration and local governments, as well as ways of creating local and regional administrative elites.
Social and legal problems of the decentralization of the government in Ukrainian society
Kamensky D. V.
The article refers to the research of problems of establishing objective characters of criminal liability for illegal fish, animal and other illegal watery obtaining trading. In particular, the specifics of the blanket description of Article 249 of the Criminal Code of Ukraine is revealed; features of object, subject and criminal act are researched; court approaches to establishing objective characters of water poaching are covered.
Problems of establishing objective characters of illegal watery obtaining trading
Karabut L. V.
The problem of the formation of evidences of criminal procedural activity that is actual for the juridical theory and practice was investigated in the article. There were justified proposals for solutions to this problem in the law and the theory of the criminal process.
Kvashuk О. D.
Actual theoretical and practical problems of determination of belonging the applications and announcements about crimes to the bodies of inquest, pretrial investigation, procuracy and court are researched.
Kovalchuk V. B.
In the article legal principles of political parties functioning are analysed as universal mediators between civil society and state. From the point of author political parties can effectively carry out the function of legitimation of state power only on condition of providing the state of legal guarantor of their activity.
Legal principles of political parties functioning in the process of democratic legitimation
Kolos М. І.
The article examines the Christian canon sources, which promoted the development of the secular criminal and legal, and religious liability for commitment of violations and illegal acts stipulated in the Statute of Yaroslav Mudryi.
Kostyuk V. L.
This article deals with key issues of legal status of bodies exercising state supervision in the workplace. The provisions of labor law regulations, the draft Labour Code are analyzed. The expediency of defining the system of carrying out state supervision in the workplace in the future the Labor Code. Corresponding conclusions about legal regulation improvement are made.
Legitimacy of institutions engaged state supervision in works: scientific and legal aspects
Kravchun А. S.
The article deals with basic issues of the tax system reform in Ukraine regarding imposition of new property taxes and prospects for expanding the property tax objects due to additions to the list of objects of movable property. Particular attention is paid to problems of principle of equitable taxation in property taxes reform.
Luxuries tax in Ukraine: state of and prospects
Lashchuk N. R.
The question of unlawful usage of the security equipment, affecting autonomously, is studied. Positions of researches to recognize the installation and usage of analyzed equipment to be legal or illegal are summarized. The lack of reasons to admit all cases of usage of security equipment that affect autonomously to be an unlawful act is grounded.
Is the usage of security equipment, affecting autonomously, illegal?
Lidovets Т. М.
The article examines the legal nature of the subsidiary farm as a party of agrarian relations, and especially the attention to the possibility of building residential and commercial buildings and structures on lands designated for personal farm is paid.
Lukianchykov Ye. D., Lukianchykov B. Ye.
The article exposed the removal of information from communication channels as an important mean of obtaining information about the circumstances of the crime. The history of this method of obtaining information is researched, the comparison between the withdrawal of information from the telephone during investigative and operative activities is made, the prospects of legal regulation, considering the needs of practice, are examined.
Withdrawal of information from the telephone – a form of the judicial evidence
Martyniuk R. S.
Author analyzes in the article the future of the development of the parliamentarism as a form of government in present Ukraine. The regulatory defects of the existing form of government of Ukraine and their influence on the development of the parliamentarism are analyzed as well. The future of the development of the parliamentarism is defined considering features of the national party system.
Perspectives of the development of the parliamentarism as a form of government in Ukraine
Nekrylov S. A., Fominykh S. F.
The article is devoted to the Tomsk period of life of the academician, lawyer, scientist, political and public person Ioanykii Oleksiiovych Malynovskyi. It is revealed his contribution to legal education in the Imperial Tomsk University, the formation of I. Malinowski as a scientist, lawyer, active public figure is analyzed.
The Tomsk period in the life of Ioanykii Oleksiiovych Malynovskyi
Padalko H. V.
The article discusses the conceptual problems of public policy in the service in local self-government. The author proposes certain measures for improvement of organization of service in local self-government bodies and means of appropriate provisions in constitution law.
Theoretical basis of service in local self-government in Ukraine
Pogoretsky M. A., Sergyeyeva D. B.
Authors' approach of the determination of criminalistics tactic concept in the conditions of reformation of criminal justice of Ukraine is lighted up. Authors' position about consideration of criminalistics tactic in two aspects – as a method of practical activity and as a part of criminalistics science is grounded.
Criminalistics tactic: determination of concept
Popeliushko V. О.
The article examines the reasons, including legislative character, because of which there is a need to change the constitutional formula of the principle of presumption of innocence.
The constitutional formula of the presumption of innocence must be changed
Potaichuk І. V.
The separate aspects of legal and organizational essence of cooperation of law-enforcement departments are investigated in the article. The concepts of cooperation are examined in wide and narrow senses of word, and also history of origin of institute of cooperation of organs and public servants on the prejudicial stages of criminal procedure.
Cooperation of authorities of prejudicial inquiry: past and present
Selezen P. О.
In the article the author investigates a few aspects of application of beneficial owner concept in the Tax Code of Ukraine. The propositions on ensuring national legislation compliance with tax treaty obligations are formulated on the basis of international experience.
Application aspect of legal norms concerning beneficial owner in tax legislation of Ukraine
Smokovych М. І.
Article is devoted to research of the specific issues during the hearings in the administrative courts of the appeals to the decisions, actions or inactions of state executive service. The study has identified the common approaches and possible solutions to these problems.
The appeal of the decisions, actions or inaction of state executive service to administrative courts
Filipiev А. О.
In that essay rather-legal analysis of the regulation of the institution of pledge of movable goods in Dutch and Ukrainian Civil Codes was made.
Enforcement of the pledge: sale of a pledge’s object in Dutch and Ukrainian Civil codes
Shumylo M. Y., Rudei V. S.
In this article on the basis of analysis of criminal procedural law of Ukraine which is currently in force, during detailed researches of different scientific positions and points of view, standpoints of experts and experiences of Southern Europe, USA and Commonwealth of Independent States, materials of the European Court of Human Rights, we have prepared proposals for improvement of procedural order for attach on correspondence and taking information from data lines.
About fabulousness of some regulations in article 187 of the Criminal procedure code of Ukraine
Yurchyshyn V. М.
The concept of constitutional and criminal functions of prosecutors office are reveal. It is suggested to complement the art. 5 of the law of Ukraine "On Prosecutions office" with the function of fight against criminality.
Functions of public prosecutor on the pre-trial stages of criminal process of Ukraine
Yaroshchuk V. H.
The content of the constitutional principles of land law was studied. Also the principle of environmental safety in system of the constitutional principles was examined.
Environmental safety principle in system of the constitutional principles of land law
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